Customer Terms

These terms are an agreement between AUSDIGITAL PTY LTD (ACN 645 558 461) as trustee for the AHUJA FAMILY TRUST (ABN 30 942 148 841), trading as Easy Dial Solutions, which provides the service under the EsyDial brand (“EsyDial”, “we”, “us”), and the business on whose behalf they are accepted (“you”, “your”).

Together with the documents they incorporate, they are the entire agreement for your use of the EsyDial service:

• these Customer Terms;
• the Acceptable Use Policy;
• the Data Processing & Privacy Schedule;
• the Emergency Calling (000) Notice; and
• the Rate Card & Billing Terms for your selected plan.

If these Customer Terms conflict with another document in the list, these Customer Terms prevail, except that the Emergency Calling (000) Notice prevails on the subject of emergency calls.

Your Order.The plan, pricing, term and any special conditions you agree with us (recorded in your account, in our written order confirmation to you, or in a signed order form: your “Order”) also form part of this agreement. If an Order expressly varies these terms, the Order prevails on that subject for that Order.

1. About the service

EsyDial is a business phone and AI call-handling service for Australian businesses. Depending on your plan and settings, it can answer and route calls, record and transcribe them, analyse them, run an AI receptionist, capture web-chat enquiries, send alerts, place callbacks, and connect to business tools you choose.

The service is for businesses only. By accepting these terms you confirm that you are acquiring the service for business purposes, that you have authority to bind the business you name in your account, and that the business holds an ABN or is otherwise carrying on an enterprise. The service is not offered to individuals for personal or household use.

No emergency calls. The service does not support calls to emergency services: EsyDial devices and apps cannot be used to call 000, 112 or 106, and you must not rely on the service for emergency calling. You must keep another way to call 000 at every location that uses the service, and it is your responsibility to inform everyone who uses the service of this limitation. The Emergency Calling (000) Notice explains the details and prevails on this subject.

English (Australian) only. Calls, transcription and AI features are designed for English as spoken in Australia.

2. Acceptance and versions

You accept these terms electronically in the EsyDial dashboard or app. Each user in your account must accept the current version of these terms before using the service; acceptance by any user with authority to represent your business binds the business. We keep a record of each acceptance (version, time, IP address and browser) as evidence of agreement.

When we publish a new version of these terms, we will follow clause 20 (Changes to these terms). You will be asked to accept the new version before continuing to use the dashboard.

3. Your account

You are responsible for the accuracy of your account information, for keeping credentials secure, and for the acts and omissions of every user you invite (owners, managers, staff, auditors) as if they were your own. Tell us promptly if you believe an account has been compromised.

You must keep a current email address and phone number on file for service, billing and legal notices. Notices sent to those contacts are taken to be received.

4. Plans, term and renewal

• Monthly plans run month to month with no lock-in and renew automatically each month.
• Annual plans are paid annually in advance and renew automatically each year.
• 24-month hardware plans (clause 8) commit you for a fixed 24-month term and are billed annually in advance: one year's fee at the start of the term and the same again twelve months later. At the end of the term the plan continues on annual billing at the then-current annual rate, charged to your payment method, unless you cancel before the term ends. We will email you at least 60 days before the term ends to tell you the date, the amount and how to cancel, so you have time to decide. Cancelling takes effect at the end of the term you have already paid for, and you keep the service until then. The handset remains yours either way (clause 8).

You can change plans at any time. Upgrades take effect immediately, with the price difference added to your next invoice. Downgrades take effect at the end of the period you have paid for.

5. Fees, billing and GST

• Fees and inclusions are as set out in the Rate Card & Billing Terms at the time of purchase or renewal.
• All prices are in Australian dollars and exclude GST. We add GST at 10% to invoices. Our invoices are tax invoices issued by AUSDIGITAL PTY LTD as trustee for the AHUJA FAMILY TRUST, ABN 30 942 148 841.
• Subscription fees are billed in advance. Usage beyond your included allowances (“overage”) and per-item telephony charges are billed monthly in arrears at the Rate Card rates, and will appear on the invoice following the month in which they were incurred.
• Payment is collected by direct debit (BECS) through our payment provider, or as otherwise agreed in writing. Invoices not paid by direct debit are due 14 days from issue.
• Direct debit authority. By setting up direct debit you authorise us, through our payment provider, to debit your nominated account for invoices as they fall due under your plan, including recurring subscription fees and usage charges billed in arrears. You must keep your payment method current and tell us if your account details change. If a debit fails we may retry it, and we will contact you before taking any other step (see Non-payment below).
• Billing disputes. If you believe an invoice is wrong, tell us within 30 days of its date and we will review it with you. Undisputed amounts remain payable while a dispute is resolved. Nothing here limits your right to dispute a debit with your bank.
• We never charge for: transcription, setup and onboarding, call recording and storage, number porting, integrations with supported business tools, software updates, or support.

Allowances and fair use. Included allowances are set per venue per billing period and do not roll over. We do not suspend or degrade the service because you exceed an allowance, you simply pay the Rate Card overage rate. Allowances are subject to the fair-use rules in the Acceptable Use Policy.

Non-payment. If an invoice is unpaid, we will contact you before taking any action. We may suspend the service for continued non-payment only after giving you written notice and a reasonable opportunity to pay. We may charge interest on amounts more than 30 days overdue at 2% above the RBA cash rate, and recover reasonable costs of collection.

Price changes.We will give at least 30 days' notice of any price increase. Increases take effect at your next renewal, never during a period you have already paid for. If you don't want to continue at the new price, you may cancel before the increase takes effect.

6. 30-day money-back guarantee

If you are not satisfied in your first 30 days, tell us and we will refund your subscription fee in full, including annual and 24-month plans. The following apply:

• usage charges already incurred (telephony, overage, extra numbers) are not refundable;
• any hardware supplied under clause 8 must be returned to us in working order before the refund is paid;
• the guarantee is available once per customer, including businesses under common ownership or control; and
• the guarantee starts on the day your service is activated.

This guarantee is in addition to, and does not limit, your rights under the Australian Consumer Law.

7. Cancellation

There is no cancellation fee, ever. You may cancel at any time by contacting us (or from your account, where that option is available):

• Monthly plans end at the end of the current billing month.
• Annual and 24-month plans run to the end of the period you have paid for. We do not refund the unused part of a prepaid term, except (a) under the money-back guarantee in clause 6, (b) where we terminate without your breach or materially fail to provide the service, in which case we refund the unused portion pro rata, or (c) where the Australian Consumer Law requires it.

After cancellation, clause 13 (Your data) applies to your data, and the Data Processing & Privacy Schedule sets out the 30-day export window and deletion.

8. Hardware offer (24-month plans)

Where your plan includes a VoIP desk phone:

• the phone is included at no charge with the 24-month term and is yours on delivery, subject only to the return condition in clause 6;
• the phone comes with the benefit of the manufacturer's warranty and the consumer guarantees under the Australian Consumer Law, which nothing in these terms limits;
• we will configure the phone for the EsyDial service. Using it with another provider during the term may require reconfiguration that we do not support; and
• lost, stolen or damaged phones are not replaced free of charge; contact us for replacement pricing.

9. Phone numbers and porting

• Numbers we provision for you are supplied through our wholesale telephony providers. You must give accurate and current information required by numbering and regulatory rules (including identity and address details), and keep it updated.
• Your existing number stays yours. If you connect by call forwarding, your number remains with your carrier under your contract with them, and forwarding charges from your carrier are your responsibility. If you port a number in, Australian porting rules protect your right to port it out again at any time. Porting in or out is free of EsyDial charges; porting timeframes are set by carriers and are outside our control.
• Outbound calls and callbacks can present your business number as caller ID only where the number is ported to us or verified for that purpose. You must not present a number you are not entitled to use.
• If your account is cancelled, we will cooperate with a port-out request for any number we host for you, except where we are legally required or permitted to prevent an unauthorised or fraudulent port.

10. Call recording, consent and your legal obligations

Recording and monitoring calls is regulated by Australian law, and the rules differ by state and territory. The service is built to help you comply, and these terms require you to use it lawfully:

• The consent announcement is on by default and plays before recording begins. No call is recorded, transcribed, analysed or monitored before it has played. You may customise its wording, but the service will not let you record calls with the announcement silently disabled. You must not attempt to work around this.
• Every call stores the announcement version played. If a caller asks not to be recorded, the service honours the request automatically; you must not attempt to defeat those mechanisms.
• You are responsible for ensuring that your use of recording, monitoring, transcription and analysis is lawful for your state or territory, your industry, and your callers, including any additional rules that apply to health or other sensitive information. We provide the technical controls and suggested wording, but we do not provide legal advice, and you should take your own advice for your circumstances.
• You must tell your staff that calls they take or make through the service may be recorded, transcribed, analysed and used for coaching, and where the law requires it, obtain their consent.
• The Data Processing & Privacy Schedule requires you to keep your own privacy policy accurate, including the disclosures we supply about how call data is processed.

11. AI features

Parts of the service use artificial intelligence, including the AI receptionist, transcription, call classification, summaries and web chat. You acknowledge and agree:

• AI output can be wrong. Transcripts, summaries, classifications and receptionist answers are generated automatically and may be inaccurate, incomplete or out of date. They are provided to help your business, not for you or anyone else to rely on without checking. You are responsible for verifying AI output before acting on it.
• AI features do not give advice. The AI receptionist and web chat are designed not to give medical, legal or financial advice, not to invent prices or policies, and to direct callers to 000 in an emergency. They answer only from the business information you supply. You are responsible for keeping that business information accurate and current, and answers based on information you supplied are your responsibility.
• The AI receptionist discloses to callers that it is automated. You must not configure the service to conceal that.
• Bookings and actions. By default the AI receptionist and web chat capture details only; they do not make bookings, quotes or commitments that bind your business. Where you enable a booking integration, bookings are made directly in your own booking system under your configuration, and you are responsible for reviewing and honouring them. AI output does not otherwise create obligations for your business or ours.
• AI features are not a substitute for emergency services, professional advice, or human review of important matters.

12. Integrations you connect

Where you connect your own third-party accounts (for example a CRM, calendar, messaging or contacts service), you direct us to send data to that service. Your relationship with that provider is governed by their terms, not ours. You are responsible for having the right to connect it, for what happens to data once it arrives there, including recordings or transcripts, which leave EsyDial's retention controls when exported, and for disconnecting integrations you no longer want. We are not responsible for third-party services, their availability, or their handling of your data.

13. Your data

• You own your data.Recordings, transcripts, contacts, chat messages, AI outputs derived from your calls, and everything else your use of the service generates (“Customer Data”) is yours.
• You grant us a licence to host, process, transmit, analyse and display Customer Data as needed to provide, secure, support and improve the service, and to comply with law.
• We do not use Customer Data to train third-party AI foundation models. We may use it to evaluate and improve the accuracy of EsyDial's own service (for example, checking transcription and classification quality); material derived this way is deleted in line with your retention settings.
• We may create and use aggregated, de-identified data that does not identify you or any individual.
• Retention defaults, your configurable retention settings, per-call deletion, export, and what happens after cancellation are set out in the Data Processing & Privacy Schedule.

14. Availability and support

We aim to keep the service available and reliable, but we do not guarantee uninterrupted or error-free operation. The service depends on third-party providers, telephony carriers, cloud hosting, AI providers, app stores, whose availability is outside our control. The live call path is engineered so that a failure of AI or analytics providers does not stop calls ringing through, but no phone system, including this one, can guarantee every call.

Support by email and phone is included with every plan at no charge. We aim to respond the same business day. Max plan customers receive priority queueing with a target first response within 4 business hours. Response targets are goals, not guarantees, and are not service levels attracting credits.

Planned maintenance will be scheduled outside ordinary business hours where practicable.

15. Suspension

We never cut off a line without warning. We may suspend the service only:

• immediately and without prior notice where we reasonably believe it is necessary because of fraud or suspected fraud, a security threat or attack, toll-fraud or artificially generated traffic, unlawful use, a direction of a regulator, carrier or law enforcement, or a serious risk to the network or other customers, in which case we will notify you as soon as reasonably practicable; or
• on written notice for continued non-payment (clause 5) or material breach of these terms or the Acceptable Use Policy that you have failed to remedy within a reasonable period we specify.

We will lift a suspension promptly once the reason for it is resolved. Exceeding an included allowance is never a ground for suspension. Fees continue to accrue during a suspension caused by your breach.

16. Termination

Either party may terminate this agreement:

• for material breach by the other party that is not remedied within 30 days of written notice;
• immediately if the other party becomes insolvent, enters administration or liquidation, or ceases business; or
• in your case, by cancelling under clause 7.

We may also terminate if a change in law, or the loss of a licence or supply arrangement necessary to run the service, makes it impracticable to continue, in which case we will give as much notice as we reasonably can and refund any prepaid fees for the unused period pro rata.

On termination: your right to use the service ends; amounts properly incurred remain payable; clause 13 and the Data Processing & Privacy Schedule govern your data (including the 30-day export window); and clause 9 governs number port-out.

17. Intellectual property and confidentiality

• We (and our licensors) own the service, its software, models, designs, documentation and all intellectual property in them. You receive only the right to use the service under these terms. You must not copy, modify, reverse engineer, or build a competing product from the service, except as the law allows despite this clause.
• If you give us feedback or suggestions, we may use them without restriction or payment, and any resulting improvements belong to us.
• Each party must keep the other's confidential information confidential and use it only for purposes of this agreement. This does not apply to information that is public through no fault of the recipient, independently developed, or required to be disclosed by law. Your Customer Data is your confidential information; our pricing proposals, security details and non-public product information are ours.

18. Australian Consumer Law, warranties and liability

Your statutory rights come first. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability under such a guarantee can lawfully be limited, it is limited, at our option, to re-supplying the service (or paying the cost of re-supply), or in the case of goods, replacing or repairing them or paying the cost of doing so.

Otherwise, to the maximum extent permitted by law:

• the service is provided without warranties beyond those expressly stated in these terms, and we do not warrant that it will be uninterrupted, error-free, or that AI output will be accurate;
• neither party is liable to the other for loss of profits, revenue, business, goodwill or data, or any indirect or consequential loss, however arising, even if the possibility was known;
• our total aggregate liability to you for all claims arising out of or in connection with this agreement or the service, whether in contract, tort (including negligence), statute or otherwise, is capped at the total fees you paid us in the 12 months before the event giving rise to the first claim, and where you have paid no fees (for example, during a free audit), at A$100; and
• nothing in this clause limits your obligation to pay fees, either party's liability for fraud or wilful misconduct, or your liability under clause 19.

19. Your indemnity

You indemnify us against loss, damage, liability and reasonable costs (including legal costs) we incur from a third-party claim, including a claim by your callers, customers or staff, or action by a regulator, to the extent it arises from:

• your breach of clause 10 (recording, consent and legal obligations) or of privacy, surveillance, spam or telemarketing laws;
• your breach of the Acceptable Use Policy;
• Customer Data or business information you supplied being unlawful, misleading or infringing; or
• third-party services you connected under clause 12.

Your liability under this indemnity is reduced to the extent that our breach of this agreement, or our negligence, caused or contributed to the loss. We will notify you promptly of any claim, allow you reasonable conduct of the defence, and not settle without your consent (not to be unreasonably withheld).

20. Changes to these terms

We may update these terms and the incorporated documents from time to time. For changes that are materially adverse to you, we will give at least 30 days' notice by email and in the dashboard before they take effect. If you do not accept a materially adverse change, you may cancel before its effective date and, if you are on a prepaid annual or 24-month plan, receive a pro-rata refund of the unused period. Changes required by law, or that are not materially adverse, may take effect on publication. Continued use after the effective date, and in any case your recorded acceptance of the new version, constitutes agreement.

21. Disputes and governing law

• This agreement is governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
• Before starting court proceedings (other than for urgent injunctive relief or debt recovery), the parties must: (a) negotiate in good faith for 30 days from written notice of the dispute; and then (b) attempt mediation in Melbourne administered by the Resolution Institute under its mediation rules, with costs shared equally.
• Any claim under or in connection with this agreement must be commenced within 12 months of the date the claimant became aware, or reasonably ought to have become aware, of the events giving rise to it. If that period is held unenforceable, it is instead the shortest period a court will enforce, up to 2 years. This clause does not apply to rights that cannot lawfully be time-limited.

22. General

• Notices may be given by email to the addresses on file (ours: info@esydial.com) and take effect on the business day received.
• Assignment. You may not assign this agreement without our consent (not to be unreasonably withheld). We may assign it to a related body corporate or a purchaser of the business, and will notify you if we do.
• Subcontracting. We may use suppliers and sub-processors to deliver the service; we remain responsible for the service, and the Data Processing & Privacy Schedule governs sub-processing of personal information.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (excluding payment obligations), including carrier or power failures, natural disasters, and government action.
• Severability. If part of these terms is unenforceable, it is read down to the minimum extent necessary, or severed, and the rest continues.
• No waiver. A failure to enforce a right is not a waiver of it.
• Trustee capacity. We enter into this agreement in our capacity as trustee of the AHUJA FAMILY TRUST.
• Entire agreement. These terms and the incorporated documents are the entire agreement and supersede prior discussions. Nothing in this clause excludes liability for statutory misleading-conduct claims.

23. Contact

AUSDIGITAL PTY LTD (ACN 645 558 461) as trustee for the AHUJA FAMILY TRUST
trading as Easy Dial Solutions (brand: EsyDial) · ABN 30 942 148 841
43 Baker Ave, Kew East VIC 3102, Australia
info@esydial.com · billing@esydial.com· 08 7741 2345