Terms & Conditions
The terms of doing work together.
These terms govern your engagement with MDS Diversified Pty Ltd (ABN 48 668 195 819) ("MDS", "we", "us"). By purchasing or subscribing to one of our services via our website, or by engaging us under a separate quote, you agree to these terms.
1. Services
MDS provides AI and automation services as described on our website. This includes our AI divisions: MDS Reception (an AI assistant that answers calls, chats and messages, captures enquiries and books jobs), MDS Recover (automated follow up and reactivation), MDS Reputation (review and referral automation), MDS Growth (content, website and marketing support), MDS Ops (back office automation such as reminders, intake forms and admin), and MDS Research (on demand research and briefs). We may add, change or retire services over time.
We set up and run these services for you using AI, automation and third party platforms. We are providing a service, not selling or licensing software to you. Outputs generated by AI or automation may be incomplete or contain errors, and you are responsible for reviewing them and applying your own judgement before you rely on them or act on them.
2. Pricing
Pricing is agreed for each engagement, either through the plan you select for a service or through a separate written quote. Prices are in Australian Dollars (AUD) and exclusive of GST unless otherwise stated. We may update pricing for new customers at any time. Existing subscriptions continue at their agreed rate until renewal.
3. Payments
- Any setup fee is payable in advance before work begins.
- Ongoing monthly services are billed in advance on the same calendar day each month.
- Payments are processed by Stripe or by invoice as agreed. By paying you also agree to Stripe's terms where Stripe is used.
- Failed recurring payments are retried per the processor's standard schedule. After repeated failure, services are paused until payment is resolved.
4. Refunds and cancellations
- Setup fees: non refundable once work has commenced. If we have not yet started, you may request a full refund within 7 days of purchase.
- Ongoing services: no lock in period. You can cancel at any time by giving us 30 days notice. Your subscription continues through the 30 day notice period and then stops, and we do not pro rate partial months.
- Where Australian Consumer Law guarantees apply, we will honour them in addition to the above.
5. No advice of any kind
MDS Diversified is a technology and automation firm. We are not a financial services provider, a law firm, an accounting or tax firm, a structuring or corporate adviser, or a cyber security firm, and we hold no AFSL, ACL or any other professional licence. Nothing we provide, and nothing produced by our software or AI, is advice.
In particular, we do not provide, and the services do not constitute:
- financial, investment, lending or credit advice
- legal advice
- tax or accounting advice
- structuring, corporate or governance advice
- cyber security advice, audits, warranties or guarantees
You are solely responsible for obtaining your own independent professional advice before relying on anything we provide or making any decision based on it, and we expressly disclaim all liability for decisions you make on that basis. If you need security, legal, financial or tax guidance, engage a qualified specialist.
Our services also do not include:
- Hosting, domain and phone number costs, registered in your name and billed by the chosen provider directly.
- Ongoing data management, backups or updates after handover. Once we hand over a deliverable, you are responsible for these.
- Third party services (telephony, calendars, CRM, analytics, email tools, stock imagery, and similar). These sit in your own accounts and are billed to you directly, and are subject to their own terms.
- Any guarantee of specific outcomes, rankings, conversions, bookings or results. Outcomes depend on factors outside our control. We deliver our services with reasonable skill and care but make no guarantee of specific results.
6. Going live, communications and handover
Before a service goes live, we set it up with your input and submit key items (such as your AI assistant's script, settings, and any content) for your approval. We do not publish, send, or put a service live on your behalf without your sign off. You are responsible for reviewing and approving these items, and for the accuracy of any information you supply.
For MDS Reception (including offers such as No More Lost Jobs), the AI assistant answers your inbound calls and messages and communicates with your potential customers on your behalf, to capture their enquiry and, where possible, book them in. It acts only as a first point of contact. Once an enquiry or booking is captured and handed to you, you take over all further contact with that customer, and we do not contact, speak with, or message that customer on your behalf after handover unless a separate service (such as MDS Recover) is specifically engaged.
You are responsible for following up on the leads and bookings we capture, for honouring any bookings made, and for all dealings with your customers after handover. You also warrant that you are entitled to receive calls and messages from your customers and to be contacted by them, and you remain responsible for your own compliance obligations, including consent, privacy, and any call recording or messaging notices required in your industry and location.
Your data. We do not sell, mine, or use your data or your customers' data for anything other than delivering this service to you and passing leads and bookings through to you. You own and control that data. We hold it only to run the service and we will hand it over or delete it when our engagement ends.
7. Intellectual property
- Once a setup has been paid for in full, you own the final deliverables (such as website code, copy and branded assets) and can use them as you see fit.
- For ongoing services, you own the content and outputs delivered to you once they are paid for.
- We retain the right to use the work as a portfolio reference (such as a brief case study mention) unless you tell us otherwise in writing.
- Third party assets included in deliverables (such as stock images, fonts and plugins) remain subject to their own licences.
8. Customer responsibilities
You agree to:
- Provide timely access to brand assets, accounts, and information needed to deliver the work
- Respond to approval requests within a reasonable time
- Keep your billing details current in Stripe
- Maintain your own backups of any deliverables once handed over
- Be responsible for the accuracy of any information you supply for use in marketing content
9. Limitation of liability
To the maximum extent permitted by law, our total liability arising from any engagement is limited to the amount you have paid us in the preceding three months. We are not liable for indirect, consequential, or business loss damages, including loss of profit, data, or reputation, except where Australian Consumer Law guarantees cannot be excluded.
10. Force majeure
Neither party is liable for delays caused by events outside reasonable control (natural disasters, internet outages, third party service failures, government actions, etc.).
11. Confidentiality
Any non public information shared between us in the course of an engagement is treated as confidential and not shared with third parties except as needed to deliver the work or as legally required.
12. Termination
Either party may terminate an ongoing engagement by giving 30 days notice. There is no lock in period. We reserve the right to terminate immediately for non payment, abusive behaviour, or breach of these terms.
13. Governing law
These terms are governed by the laws of New South Wales, Australia. Any dispute will be resolved in the courts of New South Wales.
14. Contact
For any question about these terms: sales@mdsdiversified.ai