1. About these Terms
These Terms & Conditions (Terms) are issued by Judd Charkas, a sole trader operating under the registered business name JCONNECT AU (ABN 54 470 475 154), trading publicly as Jconnect in Victoria, Australia (Jconnect, we, us or our).
By accessing or using our website, you agree to the parts of these Terms that apply to website use. Submitting an enquiry does not require you to purchase anything and does not by itself create a paid services agreement.
A paid services agreement is formed when you or the business you represent (Client) accepts a proposal, statement of work, order or quote that incorporates these Terms. Acceptance may occur by signing, electronically accepting, paying an invoice or deposit, or instructing us to begin after receiving the applicable documents. If a proposal conflicts with these Terms, the proposal prevails for that project.
2. Services, scope and changes
We provide AI receptionist, messaging, booking and custom automation services. The exact scope, deliverables, fees, assumptions, responsibilities and target dates will be set out in the proposal. Website descriptions are general information and are not a binding promise that a particular feature or result is included.
Dates are estimates unless expressly stated to be fixed. They depend on timely Client access, decisions, content, approvals and third-party services. A requested change may affect fees, timing and risk. We will confirm material changes in writing before doing additional chargeable work.
3. Client responsibilities
The Client must:
- provide accurate information, authorised access and timely feedback;
- appoint a contact who can make decisions and approve work;
- review and test outputs, scripts, booking rules, escalation paths and integrations before launch;
- maintain appropriate accounts, licences, backups and security for its systems;
- ensure it has all rights, notices and consents required for data, content and instructions supplied to us; and
- use the services lawfully and follow reasonable security and operating instructions.
We are not responsible for delay, rework or failure caused by missing, inaccurate or late Client inputs, unauthorised access restrictions, or changes to Client or third-party systems outside our control.
4. Responsible use of AI and communications
AI systems can misunderstand requests, produce incorrect responses or behave unexpectedly. Unless expressly agreed otherwise, the Client is responsible for appropriate human oversight and for decisions made using an automation. The services must not be used as a substitute for professional legal, medical, financial, emergency or other high-risk advice.
For phone, messaging and customer-service automations, the Client is responsible for approving scripts and disclosures, identifying the AI where required, providing a suitable human handover, and complying with applicable privacy, surveillance, call-recording, spam, telemarketing, consumer and industry laws. The Client must provide notices and obtain consent before recording, transcribing, monitoring or using a private communication whenever required.
The Client must not use our services to deceive, harass, discriminate, impersonate without authority, send unlawful messages, make unlawful automated decisions, collect data unlawfully, or facilitate fraud or other illegal activity.
5. Fees, invoices and taxes
Fees, deposits, subscriptions, usage charges and payment dates are set out in the proposal or invoice. Unless stated otherwise, quoted fees exclude GST to the extent GST applies. The Client is responsible for third-party subscription, telephony, messaging, usage and platform charges identified in the proposal.
The Client must raise a genuine invoice dispute promptly and pay the undisputed amount on time. If an amount remains overdue after notice, we may pause affected work or services until payment is made. The Client remains responsible for reasonable external recovery costs to the extent permitted by law.
6. Intellectual property
Each party retains ownership of material, systems, brands, data, methods and intellectual property it owned or developed independently of the project (Background IP). The Client gives us a limited licence to use Client material only as reasonably necessary to provide the services.
Ownership or licensing of project-specific deliverables will be stated in the proposal. If the proposal is silent, once all applicable fees are paid, the Client receives a perpetual, non-exclusive licence to use the project-specific deliverables for its internal business operations. Jconnect retains its Background IP, reusable templates, connectors, prompts, methods, know-how and general improvements.
Third-party software, models, platforms and content remain subject to their owners' terms and licences. We will not publicly use the Client's name, logo or project as a case study without written permission.
7. Confidentiality and data
Each party must protect the other party's confidential information, use it only for the agreement, and disclose it only to personnel and providers who need it and are subject to appropriate confidentiality obligations. This does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.
We may disclose confidential information where legally required after giving notice where lawful and practicable. Our handling of personal information is also described in our Privacy Policy. Project-specific security, retention and data processing requirements must be agreed in writing where needed.
8. Third-party services
Automations often depend on third-party platforms such as AI model providers, telephony services, messaging channels, calendars, CRMs, hosting and databases. Those services are governed by their own terms, privacy policies, limits and fees.
We will use reasonable care when configuring agreed integrations but cannot control or guarantee a third party's availability, security, output, pricing, policy changes or continued compatibility. We will tell the Client when a known third-party change materially affects the agreed service and discuss reasonable options, which may require a change in scope or fees.
9. Warranties and Australian Consumer Law
We will provide services with due care and skill. Except for rights, guarantees and remedies that cannot lawfully be excluded, we do not promise that an automation will be uninterrupted, error-free or suitable for a purpose the Client has not disclosed and we have not accepted in writing. We do not guarantee a particular number of leads, bookings, sales, savings or other business result.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded, restricted or modified.
10. Liability
To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, or loss of profit, revenue, opportunity, goodwill or anticipated savings, except to the extent such loss cannot lawfully be excluded.
To the maximum extent permitted by law, Jconnect's total aggregate liability arising from an affected service is limited to the fees paid or payable for the relevant one-time project, or for a recurring service, the fees paid or payable for that service during the six months before the event giving rise to the claim.
These limitations do not apply to fraud, wilful misconduct, a party's breach of confidentiality, infringement of the other party's intellectual property, or liability that cannot lawfully be limited. Each party must take reasonable steps to minimise loss.
To the extent permitted by law, the Client is responsible for a third-party claim arising from Client material, unlawful Client instructions, or the Client's unlawful use of a service, except to the extent the claim was caused by Jconnect's breach, negligence or wilful misconduct.
11. Suspension and termination
Either party may terminate an agreement for a material breach that is not fixed within 10 business days after written notice, or immediately if the other party becomes insolvent or the service is being used unlawfully or in a way that creates a serious security or safety risk.
A Client may end a project for convenience by written notice. Unless a proposal states otherwise, the Client must pay for work properly performed up to the termination date and any non-cancellable third-party costs approved or reasonably committed for the project. We will not charge for unperformed work. Any refund rights under applicable law remain unaffected.
On termination, each party must return or securely destroy the other party's confidential information when reasonably requested, subject to legal retention duties and routine backups. Clauses intended by their nature to continue—including payment, intellectual property, confidentiality, liability and dispute terms—survive termination.
12. Website use
Website content is general information and may change. You may not interfere with the website, probe or bypass security, introduce malicious code, scrape it unreasonably, misuse forms, or copy our branding or content without permission. Links to third-party websites are provided for convenience and do not make us responsible for those websites.
13. Disputes
A party raising a dispute must provide written details. The parties will first try in good faith to resolve it through discussion between authorised representatives. If unresolved after 20 business days, either party may propose mediation in Victoria before starting court proceedings, except where urgent relief or debt recovery is reasonably required. This clause does not limit any non-excludable consumer right.
14. General
Neither party is liable for delay caused by events outside its reasonable control, provided it takes reasonable steps to reduce the impact. Neither party may assign a services agreement without the other's consent, which must not be unreasonably withheld, except as part of a genuine business sale or restructure.
If a term is unenforceable, it will be read down or removed to the minimum extent necessary and the remaining terms continue. A failure to enforce a right is not a waiver. These Terms and the accepted proposal form the entire agreement for the relevant services and can be changed for that project only in writing agreed by both parties.
15. Governing law and contact
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the courts with jurisdiction there.
Questions or notices should be sent to Jconnectau@gmail.com.