1. Definitions

Account — your registered Tradie Local user account.
Client Content — text, images, logos, business information, customer lists, leads, and any other materials you upload to or create within the Services.
Platform — the Tradie Local software-as-a-service platform, including the marketing and automation environment we provide to you.
Services — the Platform, websites we build for you, business phone numbers, SMS/MMS messaging, voice, automations, marketing tools, CRM, review tools, and any other product or service we make available to you.
Subscription — your recurring payment arrangement for the Services.

2. Eligibility and Account

You must be at least 18 years old, legally able to enter into a binding contract, and acting on behalf of a lawful business to use the Services. You agree to provide accurate information when registering and to keep your Account information current. You are responsible for all activity under your Account, including activity by your employees, contractors, and any other authorised users.

3. Services

We provide marketing technology, websites, automation, and related services to home service and trade businesses. The exact features available to you depend on your Subscription plan. We may add, modify, or discontinue features from time to time. We will not materially reduce the core functionality of your Subscription without notice.

4. Subscription Plans and Pricing

We currently offer the following plan:

$295/month — a fully built website, access to the Tradie Local Platform (web and mobile app), a business phone number for texting and calling, CRM access, automations, marketing campaigns, and customer review tools.

Subscriptions are available month-to-month with no lock-in contracts. Optional add-on services (such as additional website pages, social advertising, and online booking calendars) are available at the rates published on our Pricing page.

Pricing is subject to change. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing cycle.

5. Billing, Auto-Renewal, and Payment

Advance billing. All Subscription fees are billed in advance of the service period.
Auto-renewal. Your Subscription will automatically renew at the then-current rate at the end of each billing cycle until you cancel.
Payment method. Payments are processed through our secure payment provider. By providing a payment method, you authorise us to charge it for all amounts due, including Subscription fees, usage charges, and applicable taxes.
Taxes. All fees are exclusive of taxes (including GST). You are responsible for any applicable taxes other than taxes on our income.

6. Usage-Based Charges (Rebillable Costs)

In addition to your Subscription fee, you may incur usage-based charges for phone numbers, messaging, and voice services. Typical rates are:

Local phone number — from $1.15/month
SMS — from $0.0079 per segment (inbound and outbound)
MMS outbound — from $0.02 per message
MMS inbound — from $0.01–$0.02 per message
Voice calls outbound — from $0.0180/minute
Voice calls inbound — from $0.0085–$0.0220/minute

Rates are subject to change with 30 days' notice.

Digital wallet. You maintain a digital wallet balance for usage charges. When your wallet balance falls below the auto-top-up threshold, we will automatically charge your payment method to refill the wallet according to your selected preferences. You are responsible for monitoring your wallet and ensuring sufficient funds.

7. No Refund Policy

All payments to Tradie Local are final and non-refundable, including Subscription fees, usage charges, and prepaid commitments. By signing up, you acknowledge that our products and Services are custom-built, immediately initiated upon payment, and non-reversible once delivery begins.

8. No Chargebacks

You agree not to initiate a chargeback or payment dispute for Services rendered. Filing a chargeback is a material breach of these Terms. We reserve the right to:

Submit evidence of contract acceptance, Platform usage, and delivery documentation to your card issuer.
Suspend or terminate your Account.
Pursue recovery of the disputed amount plus all associated legal, collection, and administrative fees.

9. Free Trials and Promotions

We may offer free trials, discounts, or promotional pricing from time to time. During a trial, limited setup may occur for information-gathering purposes; full Services are rendered only once paid billing begins. Promotional pricing applies for the period stated and reverts to standard pricing thereafter. Discounts do not modify any other term of this agreement.

10. Service Delivery

Services are considered delivered and rendered once the Client's website has been completed and made available, and Platform and automation setup is finalised. Standard build time is 7–10 business days following receipt of your completed onboarding form. Login assistance and onboarding support may be provided but are not a prerequisite for fulfilment.

11. Payment Failures and Suspension

If a payment fails:

We will retry payment up to 4 times over 3 weeks.
If the balance remains unpaid 48 hours after the first failed attempt, your Account and Platform access may be suspended until the balance is paid.
If the balance remains unpaid for 30 days, we may terminate your Account and delete or archive Client Content as described in Section 17.

Suspension does not relieve you of the obligation to pay outstanding fees.

12. Cancellation

You may cancel your Subscription at any time through the Platform or by contacting support. Because we have no lock-in contracts, cancellation becomes effective at the end of the current billing cycle, and you will not be charged thereafter. Early cancellation does not entitle you to a refund of any prepaid amounts or unused portion of a prepaid term.

13. Intellectual Property

13.1 Our IP

The Platform, our software, our website templates, our automations, our marketing materials, our brand, and all underlying technology and intellectual property are owned by Tradie Local, Auto Appoint Pty Ltd, or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform and Services solely for your internal business purposes during your Subscription. All rights not expressly granted are reserved.

13.2 Your Content

You retain ownership of your Client Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, and process Client Content as necessary to provide the Services and as permitted by our Privacy Policy.

13.3 Websites and Domains

Websites we build for you are provided to you under the licence described in Section 13.1 and are hosted on our infrastructure. Upon termination of your Subscription, your right to use the website ends, and we are not obligated to transfer the website's source code, theme, or templates to you. You retain ownership of any custom Client Content (text, images, logos) you provided. If you registered your domain through us, ownership of the domain registration transfers to you upon request and payment of any applicable transfer fees.

13.4 Feedback

If you provide us with suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, royalty-free licence to use it without obligation to you.

14. Acceptable Use

You agree NOT to use the Services to:

Send unsolicited messages, spam, or unlawful communications.
Send messages without proper consent under the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), or applicable state or territory laws.
Violate the privacy of any individual or any privacy law, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Send messages that are harassing, threatening, defamatory, fraudulent, obscene, or otherwise unlawful.
Promote illegal activities or regulated industries that violate carrier policies.
Reverse-engineer, decompile, or attempt to derive source code from the Platform.
Resell, sublicense, or provide the Services to third parties as a service bureau without our written consent.
Use the Services to compete with Tradie Local or to build a competing product.
Attempt to circumvent any security measures, rate limits, or technical restrictions.
Upload viruses, malware, or any code intended to damage or disrupt the Services.

We may suspend or terminate Accounts engaged in any prohibited activity.

15. Client Compliance Obligations

15.1 You Are Responsible for Your Own Communications

When you use the Platform to send SMS, MMS, voice messages, or emails to your customers and prospects, you — not Tradie Local — are the sender. You are solely responsible for:

Obtaining valid consent from every recipient before sending any message that requires consent under the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), or applicable state or territory law.
Maintaining proof of consent (e.g., timestamped opt-in records, web form submissions, signed authorisations) and producing them on request.
Honouring opt-out requests (STOP, UNSUBSCRIBE, etc.) immediately and on a list-wide basis.
Including required disclosures (sender identity, opt-out instructions, business address) in your communications.
Scrubbing against the Do Not Call Register before making telemarketing calls or texts to non-customers.
Complying with carrier rules and registration requirements for the campaigns you run.
Complying with privacy laws that apply to your processing of consumer data (homeowner data, leads, customer lists).

15.2 Privacy and Data Protection

If you upload personal information about consumers (such as homeowners) to the Platform, you act as the "controller" or "APP entity" under applicable privacy laws and Tradie Local acts as the "processor" or "service provider." A separate Data Processing Addendum (DPA) governs that relationship and is incorporated into these Terms by reference. By uploading personal information to the Platform, you represent that you have provided all required notices to data subjects, obtained all required consents, and have the legal right to upload and process the data through the Platform.

15.3 You Indemnify Us for Your Communications

You agree to indemnify and hold Tradie Local harmless from any claims, fines, penalties, or damages arising from your communications or your processing of consumer data, as further described in Section 20.

16. Call Recording

We may record sales, onboarding, and support calls between you and Tradie Local for quality assurance, training, recordkeeping, and dispute resolution. We provide a verbal notice at the start of each call. By continuing the call, you consent to being recorded. If you do not wish to be recorded, please tell us at the start of the call. See our Privacy Policy for details.

17. Term and Termination

17.1 Term

These Terms begin when you accept them and continue until your Subscription is terminated.

17.2 Termination by You

You may cancel at any time as described in Section 12.

17.3 Termination by Us

We may suspend or terminate your Account and these Terms, with or without notice, if:

You breach these Terms.
You fail to pay amounts when due.
We are required to do so by law.
You engage in conduct that creates legal, regulatory, or reputational risk for us.

17.4 Effect of Termination

Upon termination, your right to access and use the Services ends immediately. We will retain Client Content for 30 days following termination to allow you to export it. After 30 days, we may delete or archive Client Content. You are responsible for exporting your data before termination. Any provisions intended to survive (intellectual property, indemnification, limitation of liability, dispute resolution, governing law) will continue.

18. SMS Terms

18.1 SMS Disclosure

By opting in to our SMS services, you agree to receive text messages related to notifications, marketing offers, account authentication (2FA), and other service-related communications. Message frequency may vary. Standard message and data rates apply according to your mobile carrier's terms. To opt out of SMS communications, reply STOP to any message you receive. For assistance, text HELP for support.

18.2 Messaging Consent

You must explicitly consent to receive messages from Tradie Local. Consent may be given through our website sign-up forms, paper forms, or verbally through customer service interactions.

18.3 Message Types and Frequency

Messages may include alerts, reminders, promotional offers, updates, and other relevant communications. Message frequency varies based on your interactions with us and your preferences.

18.4 Message Delivery

Tradie Local does not guarantee that messages will be delivered without delays or failures. Such issues can occur due to factors outside our control, such as network problems or device compatibility.

18.5 Compliance

You acknowledge that the messaging service must be used in compliance with all relevant laws, including those relating to privacy, telecommunications, and commercial communications.

19. Disclaimers

The Services are provided "as is" and "as available," without warranty of any kind, express or implied. Tradie Local disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or harmful components. We do not guarantee any specific results, including number of leads, sales, revenue, or search rankings.

20. Indemnification

You agree to defend, indemnify, and hold harmless Tradie Local, Auto Appoint Pty Ltd, and its officers, directors, employees, contractors, and agents from and against any third-party claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

Your use of the Services.
Your Client Content.
Your communications sent through the Services.
Your processing of personal information uploaded to the Platform.
Your violation of these Terms or any law.
Your violation of any third party's rights.

We will promptly notify you of any claim subject to indemnification, and you will have control over the defence and settlement, provided that no settlement may be entered without our consent (not unreasonably withheld) if it requires us to admit fault or pay any amount.

21. Limitation of Liability

To the maximum extent permitted by law (including the Australian Consumer Law):

No indirect damages. Tradie Local will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.
Cap on direct damages. Our total cumulative liability under these Terms will not exceed the greater of (A) the amount you paid us in the 12 months preceding the event giving rise to the claim, or (B) $100.
Basis of the bargain. These limitations apply regardless of the basis of the claim (contract, tort, statute, or otherwise) and are a fundamental part of the bargain between us.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law (Cth) or any other applicable law that cannot be lawfully excluded. Where any such law applies and limits our liability, our liability is limited to the maximum extent permitted by law (and, where permitted, to resupplying the Services or paying the cost of having the Services resupplied).

22. Dispute Resolution

22.1 Informal Resolution

Before initiating any formal dispute, you and Tradie Local agree to first attempt to resolve the dispute informally by emailing contact@tradielocal.com.au with a written description of the dispute. If we cannot resolve it within 30 days, either party may proceed under this Section.

22.2 Mediation

If a dispute cannot be resolved informally, the parties agree to attempt in good faith to resolve the dispute through mediation administered by the Resolution Institute under its Mediation Rules before commencing court proceedings.

22.3 Court Proceedings

Subject to Section 22.1 and 22.2, any action that is not resolved through mediation must be brought exclusively in the courts of Queensland, Australia, and the parties consent to the jurisdiction of those courts.

23. Governing Law and Venue

These Terms are governed by the laws of Queensland, Australia, without regard to its conflict-of-law principles. Subject to Section 22, any action that is not subject to dispute resolution must be brought exclusively in the courts of Queensland, Australia, and the parties consent to personal jurisdiction and venue there.

24. Force Majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or telecommunications failures, third-party platform outages, or labour disputes.

25. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets without your consent.

26. Notices

We may provide notices to you by email to the address on your Account, by posting in the Platform, or on our website. You may provide notices to us at contact@tradielocal.com.au.

27. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.

28. Miscellaneous

Entire Agreement. These Terms (together with the Privacy Policy and any DPA or order form) are the entire agreement between you and Tradie Local and supersede any prior agreements on the same subject.
Severability. If any provision is found unenforceable, the remaining provisions will remain in effect.
Waiver. Failure to enforce any right or provision is not a waiver of that right or provision.
No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Survival. Sections that by their nature should survive termination (including IP, indemnification, limitation of liability, dispute resolution, and governing law) will survive.
Headings. Section headings are for convenience only and do not affect interpretation.

30. Contact

Tradie Local

A business of Auto Appoint Pty Ltd

5 Lochinvar Court, Ashmore QLD 4214

Email: contact@tradielocal.com.au

Phone: 0412 083 021

Terms of Service