Effective Date: July 2025
Business Name: Opsurge ABN: 56 471 535 291

These Terms & Conditions (“Terms”) govern your use of Opsurge's services, website, and automation systems. By engaging with our business or using any of our services, you agree to these Terms in full.

Scope of Services
Opsurge provides AI-powered automations and consulting services tailored to small businesses, including:

• Automated inbox and lead response systems

• Smart quoting forms and AI-assisted pricing workflows

• Virtual assistant automations for FAQs, reminders, and customer follow-ups

We offer these services using third-party tools such as OpenAI, Zapier, Calendly, Microsoft Teams, and others. The scope of each engagement will be clearly defined during onboarding and agreed upon in writing.

Client Responsibilities
Clients must:

• Provide accurate business and contact details

• Supply timely access to communication channels (e.g., email, Meta/Facebook, SMS, Calendly, Teams)

• Respond promptly to service configuration and testing requests

• Periodically review and approve AI-generated outputs, templates, and pricing to ensure accuracy and compliance

• Maintain all required business licences, consents, and authorisations

Payments & Billing

• Setup fees are invoiced upfront and are strictly non-refundable

• Retainers and monthly packages are invoiced in advance with 7-day payment terms

• Failure to pay within 14 days may result in suspension or termination of services

• Clients may cancel ongoing services with 7 days’ written notice before the next billing cycle (no pro-rata refunds)

• Interest of 5% per month may be charged on overdue invoices

Service Limitations & Disclaimers

• While Opsurge implements advanced AI solutions, results (including increased leads, revenue, or efficiency) are not guaranteed

• AI-generated content may be inaccurate, incomplete, biased, or unsuitable for certain contexts

• Clients remain responsible for reviewing and approving all AI-generated responses, pricing, or communications

• Opsurge is not liable for outages, downtime, or failures of third-party platforms (e.g., Zapier, OpenAI, Microsoft Teams)

• To the maximum extent permitted by law, Opsurge excludes all liability for:

  • Loss of profits, revenue, or anticipated savings

  • Business interruption or reputational damage

  • Lead losses or data loss caused by downtime or external integrations

  • Indirect, incidental, or consequential damages

Nothing in these Terms excludes your rights under the Australian Consumer Law (ACL). Where liability cannot be excluded, Opsurge’s liability is limited to re-supplying the services or refunding fees for the affected period.

Privacy & Data Handling

• Opsurge processes Client data solely for service delivery

• Clients are responsible for ensuring customer data provided complies with the Privacy Act 1988 (Cth)

• Opsurge does not sell or share Client data, except where required by law or necessary for service delivery (e.g., with Zapier or OpenAI)

• Clients remain the controller of their own customer data; Opsurge acts only as a service provider

Intellectual Property

• Clients retain ownership of their own business data and brand assets

• Opsurge retains ownership of proprietary prompts, templates, workflows, and automations unless otherwise agreed in writing

• Custom-built systems are licensed to Clients for internal use only and may not be resold or redistributed without permission

Termination

Opsurge may suspend or terminate services if:

• Payment is overdue by more than 14 days

• Clients breach these Terms

• Services are used illegally, abusively, or unethically

Outstanding invoices remain payable upon termination. Opsurge will allow Clients a reasonable opportunity to export their own data prior to final suspension.

Indemnity
Clients agree to indemnify Opsurge, its directors, contractors, and employees from any claims, losses, damages, or expenses (including legal costs) arising from:

• Client’s use of AI-generated content or automations

• Failure to comply with applicable laws, regulations, or industry standards

• Third-party claims relating to Client’s use of AI-generated pricing or communications

Governing Law
These Terms are governed by the laws of Victoria, Australia. Disputes will be handled exclusively by the courts of Victoria.

Contact
Questions about these Terms? Email: nathan@opsurgeconsulting.com