Terms of service

1. Who we are

These terms cover the service supplied by Cushy Digital (ABN 00 000 000 000), trading as Cushy Digital, of Melbourne, Victoria. "We", "us" and "our" mean Cushy Digital. "You" and "your" mean the business that subscribes to the service.

By subscribing, whether through our checkout or after a call, you agree to these terms.

2. What the service does

Cushy Catch is a lead response service. When an enquiry reaches your business, by phone call, web form, or a connected channel, we send an automated reply on your behalf, hold a short conversation with the person, and where possible place a booking in your calendar.

We provide a dedicated Australian mobile number for the service. Your existing number does not change and remains yours.

We write the replies in your words and you approve them before anything goes live. You remain responsible for the content you approve.

3. What it costs

The subscription is $990 per month, including GST, for up to 50 enquiries in a calendar month. If your enquiry volume goes above 50 in a month, the rate for that month is $1,690. We will tell you before that applies.

There is no setup fee. If you pay twelve months in advance you pay for ten.

Fees are charged monthly in advance from the day your service goes live. We may change our prices, but not for you mid-term: any change takes effect from your next billing month and we will give you at least 30 days notice by email.

4. The 60-second guarantee

We aim to send a first reply to every enquiry within 60 seconds of it reaching the service.

If, in any billing month, any enquiry received through the service does not get a first reply within 60 seconds, that month is free. If you have already paid, we credit or refund it at your choice.

Response times are measured by our own systems from the moment the enquiry reaches the service, and every response time appears on your monthly report. The guarantee does not apply where the delay is caused by an outage of a third party we depend on (for example your telephone carrier, your calendar provider, or a messaging network), or by something at your end, such as a number, integration or calendar being disconnected.

5. Payment

Payments are processed by Stripe. We do not see or store your full card details. You authorise us to charge your nominated payment method for each billing period until you cancel.

If a payment fails we will retry and let you know. If a payment remains unpaid 14 days after it is due, we may pause the service. We will always tell you before we do.

6. Cancelling

There is no contract and no minimum term. You can cancel at any time by emailing hello@cushydigital.com. No phone call, no exit process.

Cancellation takes effect at the end of the billing month you are in. You keep the service until then. We do not pro-rata part months, except where a month is free under the guarantee above.

If you have paid twelve months in advance and cancel early, we refund the unused whole months, calculated at the standard monthly rate rather than the discounted one.

We may cancel your subscription on 30 days notice, or immediately if you use the service unlawfully or in breach of clause 8.

7. Setup and what we need from you

We aim to have the service live within five business days of receiving your completed setup form. That timeframe depends on you giving us what we need, including access to the channels the service connects to.

You are responsible for keeping those connections working. If you change your phone system, calendar or website forms, tell us so we can keep the service running.

8. Messaging your customers, and the law

Messages sent through the service are sent on your behalf and identify your business. Under the Spam Act 2003 (Cth), you are the sender.

The service is built to reply only to people who have contacted your business first, which is the basis on which consent is inferred. Every message identifies your business and every thread carries a working opt-out.

You agree that you will not use the service to send unsolicited marketing, to contact people who have not enquired with your business, or to contact anyone who has opted out. You are responsible for the accuracy of any contact data you give us.

We will act on an opt-out as soon as it reaches the service. If you become aware of a complaint, tell us promptly.

9. What we do not promise

We promise a response time. We do not promise a number of jobs, a volume of enquiries, a conversion rate, or a return on your spend. Any figures on our website, including the response time calculator, are illustrative and based on assumptions we state openly. They are not a forecast of your results.

The service uses automated systems. It will sometimes encounter a question it cannot answer. When that happens it is designed to say so and alert you rather than guess.

10. Your data

You own your business data and your customer data. We process it to run the service for you, as described in our privacy policy.

If you cancel, you can ask us for an export of the enquiry and conversation records held for your account. Ask within 30 days of cancelling. After 90 days we delete or de-identify that data unless we are required to keep it.

11. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

To the extent we can limit our liability, our total liability to you for any claim connected with the service is limited to the fees you paid us in the 12 months before the claim. We are not liable for indirect or consequential loss, or for loss of profit, revenue, business or anticipated savings.

12. Changes to these terms

We may update these terms. If a change materially affects you, we will email you at least 30 days before it takes effect. Continuing to use the service after that date means you accept the updated terms.

13. Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that state.