Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Intake ("we", "us", or "our") regarding your use of our virtual receptionist services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.

2. Service Description

Intake provides 24/7 virtual receptionist services for home service businesses, including but not limited to:

• Answering incoming calls on behalf of your business
• Capturing caller information and lead details
• Flagging emergency or urgent calls
• Delivering lead information via SMS and email
• Call recording and transcription services
• Custom call handling scripts tailored to your business

3. Eligibility

You must be at least 18 years old and have the authority to enter into this agreement on behalf of your business. You must provide accurate and complete information during registration and keep your account information up to date.

4. Account Registration and Security

To use our services, you must create an account and provide:

• Business name and ABN (if applicable)
• Contact information (name, email, phone number)
• Billing and payment information
• Service preferences and call handling instructions

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach.

5. Pricing and Payment

5.1 Subscription Plans: Our services are offered on a subscription basis with monthly billing. Pricing is displayed on our website and may vary based on the selected plan and features.

5.2 Free Trial: New customers may be eligible for a free trial period (typically 30 days). After the trial period ends, your payment method will be automatically charged the applicable subscription fee unless you cancel before the trial expires.

5.3 Payment Terms: Subscription fees are billed in advance on a monthly basis. All fees are in Australian Dollars (AUD) and are exclusive of GST, which will be added where applicable.

5.4 Price Changes: We reserve the right to change our pricing with 30 days' written notice. Price changes will not affect your current billing cycle.

5.5 Failed Payments: If a payment fails, we will attempt to charge your payment method again. If payment is not received within 7 days, we may suspend or terminate your service.

6. Cancellation and Refunds

6.1 Cancellation: You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the service until that date.

6.2 Refunds: Subscription fees are non-refundable except as required by Australian Consumer Law. If you cancel during a free trial period, you will not be charged. No refunds or credits will be provided for partial months of service or unused features.

6.3 Termination by Intake: We reserve the right to suspend or terminate your account if you violate these Terms or for other legitimate business reasons. In such cases, we will provide notice where reasonably practical.

7. Call Recording and Consent

By using our services, you acknowledge and consent to the recording of calls. You are responsible for ensuring compliance with all applicable laws regarding call recording in your jurisdiction, including providing appropriate notice to callers. We recommend displaying a notice that calls may be recorded for quality and training purposes.

8. Customer Responsibilities

You agree to:

• Provide accurate call handling instructions and business information
• Respond to leads and customer inquiries in a timely manner
• Comply with all applicable laws and regulations
• Not use the service for illegal, fraudulent, or harmful purposes
• Not impersonate others or misrepresent your business
• Forward your business phone number to our service properly
• Review and approve custom call scripts before implementation

9. Service Availability and Limitations

9.1 Service Availability: While we strive to provide 24/7 service, we do not guarantee uninterrupted or error-free service. Scheduled maintenance, emergencies, and technical issues may cause temporary service interruptions.

9.2 Service Scope: Our service is designed to answer calls and capture lead information. We do not provide legal, medical, or professional advice. We are not responsible for the accuracy of information provided by callers or for your business decisions based on lead information.

9.3 Call Volume: Standard plans include reasonable call volumes appropriate for small to medium home service businesses. Excessive usage may require an upgrade to a higher-tier plan.

10. Intellectual Property

All content, features, and functionality of our service, including but not limited to software, text, graphics, logos, and trademarks, are owned by Intake and are protected by Australian and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of our service without prior written consent.

11. Confidentiality

We will maintain the confidentiality of your business information and customer data in accordance with our Privacy Policy. You agree to keep confidential any proprietary information about our service, systems, and operations.

12. Limitation of Liability

To the maximum extent permitted by law:

• Intake is not liable for any indirect, incidental, special, or consequential damages, including lost profits, lost revenue, or lost business opportunities
• Our total liability for any claim arising from or related to these Terms or our services will not exceed the fees you paid in the 12 months preceding the claim
• We are not responsible for missed calls due to technical issues, caller hang-ups, or circumstances beyond our reasonable control
• We are not liable for any loss or damage resulting from your reliance on lead information or caller details

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, or right that you may have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted, or modified.

13. Indemnification

You agree to indemnify and hold harmless Intake, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any law or regulation; or (d) your violation of any third-party rights.

14. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services supplied again or payment of the cost of having them supplied again if the services fail to be of acceptable quality and the failure does not amount to a major failure.

15. Dispute Resolution

15.1 Good Faith Negotiation: If a dispute arises, we encourage you to contact us first to attempt to resolve the matter informally.

15.2 Governing Law: These Terms are governed by the laws of the State of Western Australia and the Commonwealth of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

16. Changes to Terms

We may update these Terms from time to time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Intake regarding your use of our services and supersede all prior agreements and understandings.

19. Contact Information

If you have questions about these Terms of Service, please contact us: