Term's & Conditions

1. About Us

Tautua Digital Agency is an Australian-based digital services agency specialising in AI-powered lead

reactivation, SMS automation, and digital marketing systems for businesses across Australia. "Tautua"

means service — and that commitment to service underpins everything we do.

ABN: 42342211017

Registered State: Victoria

Contact: [email protected]

2. Services

Tautua Digital Agency provides the following services:

• AI-powered lead reactivation campaigns via SMS and automated messaging

• SMS automation systems and conversational AI sequences

• Post-appointment care and review generation automation

• CRM integration and lead database management

• Digital marketing consulting and strategy

• Custom automation builds using third-party platforms including Go High Level (GHL)

The specific scope of services provided to each client will be outlined in a separate proposal, agreement,

or statement of work. We reserve the right to modify, suspend, or discontinue any service at any time with

reasonable notice where practicable.

3. Performance-Based Engagements & Test Batches

Important: Where we offer performance-based or test batch engagements, the specific terms — including

success metrics, payment triggers, and batch parameters — will be agreed upon in writing prior to

commencement.

Where Tautua Digital Agency offers a performance-based or trial engagement (including test batch

campaigns), the following applies:• The test batch scope — including number of leads, timeframe, and evaluation criteria — will be

confirmed in writing before the campaign commences.

• The client is responsible for providing accurate, lawfully obtained lead data for use in the campaign.

• Results from a test batch are indicative only and do not guarantee equivalent outcomes in a full

campaign.

• Performance metrics used to trigger payment will be defined in the individual client agreement.

• Tautua Digital Agency retains the right to decline, pause, or discontinue a test batch engagement

where data quality, platform limitations, or other factors make delivery impractical.

4. Client Responsibilities

By engaging our services, you agree to:

• Provide accurate, complete, and up-to-date information required to perform the services.

• Ensure that any lead data, contact lists, or customer databases provided to us have been lawfully

collected and that individuals have consented to receiving SMS or automated communications where

required by law.

• Provide timely access to platforms, CRM systems, or tools necessary to deliver the agreed services.

• Review and approve AI-generated content or messaging sequences before deployment where

approval is requested.

• Comply with all applicable laws in your jurisdiction, including laws governing marketing

communications and data privacy.

We are not responsible for delays, errors, or underperformance caused by inaccurate data, withheld

access, or failure to provide timely approvals.

5. Payments and Fees

Where applicable, all fees, payment schedules, and billing terms will be outlined in the client proposal or

agreement. The following general terms apply:

• Invoices are due within the timeframe specified in the client agreement.

• Late payments may result in suspension of services until payment is received.

• For performance-based engagements, payment triggers and amounts will be agreed upon in writing

prior to campaign commencement.

• All fees are quoted in Australian Dollars (AUD) unless otherwise stated.

• GST may be applicable to services provided, as required under Australian tax law.

6. Refund Policy

Due to the custom and time-intensive nature of our services, the following refund terms apply:

• Refunds are not provided for services already delivered or campaigns already commenced.• For performance-based engagements where no results are delivered due to factors within our control,

payment obligations will not be triggered.

• Refund requests for setup fees, onboarding work, or pre-campaign deliverables will be assessed on a

case-by-case basis.

• Disputes regarding payment or deliverables should be raised in writing within 14 days of the relevant

invoice or delivery.

7. AI Services & SMS Communications Disclosure

Our services utilise artificial intelligence and automated SMS messaging technologies. By engaging our

services, you acknowledge:

• AI-generated content and automated responses may occasionally contain inaccuracies. We

recommend reviewing all content before deployment in critical applications.

• SMS campaigns conducted on your behalf are subject to Australian spam and communications laws,

including the Spam Act 2003 (Cth). You are responsible for ensuring that your lead database complies

with applicable consent requirements.

• We operate SMS campaigns through third-party platforms. Platform availability, deliverability rates,

and functionality are subject to the terms and limitations of those providers.

• Response rates and campaign outcomes may vary depending on lead age, data quality, industry, and

other factors outside our control.

8. Intellectual Property

All content on this website — including text, branding, graphics, logos, designs, and materials — is the

property of Tautua Digital Agency unless otherwise stated. You may not reproduce, distribute, or use our

intellectual property without prior written permission.

Custom automation systems, SMS sequences, and campaign assets built specifically for a client remain

the intellectual property of Tautua Digital Agency unless a written assignment of rights is agreed upon

separately.

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course

of the engagement. This includes client lead data, business strategies, financial information, and campaign

performance data.

We will take reasonable technical and organisational steps to protect confidential client information.

Confidentiality obligations do not apply to information that is publicly available or required to be disclosed

by law.

10. Third-Party PlatformsOur services may integrate with or rely upon third-party platforms including Go High Level (GHL), Cliniko,

Pabau, Twilio, and other CRM, SMS, or automation providers. We are not responsible for:

• Outages, errors, or service disruptions caused by third-party platforms.

• Changes to third-party platform pricing, features, or terms of service.

• Data handling practices of third-party platforms — these are governed by their own privacy policies.

11. Limitation of Liability

To the maximum extent permitted by applicable Australian law, Tautua Digital Agency shall not be liable

for:

• Indirect, incidental, or consequential damages.

• Loss of profits, revenue, or business opportunity.

• Business interruption or data loss.

• Outcomes resulting from third-party platform failures or changes.

• Results that vary from projections or estimates provided in proposals or demonstrations.

Our total aggregate liability to you for any claim arising from our services shall not exceed the total fees

paid by you for the specific service giving rise to the claim in the three (3) months preceding the claim.

12. Results & Projections Disclaimer

Any revenue projections, response rate estimates, or ROI calculations provided in proposals,

demonstrations, or marketing materials are illustrative only and based on historical campaign data. Actual

results will vary and are not guaranteed.

For performance-based engagements, payment is only triggered upon delivery of agreed outcomes as

defined in the client agreement. Where performance-based terms apply, those terms govern — not

general result disclaimers.

13. Acceptable Use of Website

You agree to use tautuadigital.com only for lawful purposes. You must not:

• Attempt unauthorised access to our systems, data, or infrastructure.

• Introduce malicious code, viruses, or disruptive software.

• Copy, scrape, or reproduce website content without written permission.

• Use the website for fraudulent, deceptive, or unlawful purposes.

14. TerminationEither party may terminate a service engagement by providing written notice as specified in the client

agreement. We reserve the right to immediately suspend or terminate services in the event of:

• Material breach of these Terms or the client agreement.

• Provision of unlawfully obtained data or misuse of our services.

• Non-payment of fees beyond agreed grace periods.

Upon termination, any outstanding fees for work completed to the termination date remain payable.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of Australia. In the event of a dispute, both parties agree to first

attempt resolution through good-faith negotiation. If resolution cannot be reached, disputes may be

referred to mediation before any legal proceedings are commenced.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or

business practices. Updated Terms will be posted on our website with a revised effective date. Continued

use of our services after an update constitutes acceptance of the revised Terms.

17. Contact

For questions or concerns about these Terms, please contact us:

Tautua Digital Agency

Website: tautuadigital.com

Email: [email protected]