Terms of service

1. Who these terms are with

These terms are an agreement between you (the business subscribing to our services) and Jake Baden North trading as Donkeh Labs, ABN 87 636 703 254, of Adelaide, South Australia, operating as Jetty Digital.

They apply from the moment your subscription starts. If we have signed a separate written agreement with you and it conflicts with these terms, that agreement wins.

2. What we provide

One monthly subscription covering the build and the running of:

• A website for your pest control business
• Missed call text back
• A business phone number
• An all-in-one inbox for texts, emails and messages
• Automated acknowledgement and follow-up for new enquiries
• Review requests and reply management
• Past customer campaigns, where contacts are eligible and have not opted out

We build it, we run it, and we maintain it for as long as you subscribe. Routine content edits are included. Substantial new work outside the scope above is quoted separately before we start it.

Messaging is included in the subscription. We do not send usage bills for calls or texts at normal business volumes. If your usage is wildly beyond what a pest control business would ordinarily send, we will talk to you about it before doing anything.

Past customer campaigns include up to 500 contacts imported at onboarding. Larger lists are quoted separately.

3. The build

We aim to have your system live within 10 business days of receiving what we need from you. That clock starts when we have your content, access and approvals, not at signup.

You review the build before it goes live. Nothing is published to the public without your approval.

Onboarding is two short calls: a demo before you commit, and a launch and handover call once the build is ready.

4. What it costs

All prices are exclusive of GST. GST will be applied where applicable.

There is no setup fee and no minimum term.

5. Billing

• Monthly subscriptions are billed in advance, on the same day each month
• Annual subscriptions are billed in advance, once a year
• Payment is by recurring authority through our payment provider. We do not store your card details
• Tax invoices are issued for every payment

If a payment fails, we will tell you and try again. If it stays unpaid for 14 days we may suspend the service under section 16. We will always contact you before suspending anything.

We may change our prices. Existing clients get at least 30 days' written notice before a change takes effect, and you can cancel before it does rather than accept it.

6. Cancelling

No lock in. Month to month or yearly, and you can stop at the end of any month.

• Tell us in writing — an email is fine
• Monthly plans run to the end of the period you have paid for, then stop
• Annual plans run to the end of the paid year, then stop. We do not refund the unused part of an annual term unless the Australian Consumer Law requires it
• We do not charge an exit fee for cancelling

What happens to the build itself is section 11.

7. What we need from you

• Accurate details about your business, services and service areas
• Your current pest management licence and insurance details where we publish them
• Timely access to accounts we need, such as your domain and Google Business Profile
• Timely review and approval of drafts
• Someone who actually answers the phone and the inbox — the system routes enquiries to you, it does not do the job
• Content you give us to be yours to use, and not to infringe anyone else's rights

You are responsible for the accuracy of claims we publish on your behalf, including licence numbers, qualifications, warranties and service guarantees. We write it, you confirm it is true.

8. Messaging consent

Our systems send text messages and emails to your customers in your name. Australian law puts real obligations on that, and they land on you as the sender.

• You confirm that contacts you give us have consented to be contacted, or that consent can reasonably be inferred from an existing business relationship, as the Spam Act 2003 (Cth) requires
• Every marketing message we send on your behalf identifies your business and carries a working unsubscribe
• We honour opt-outs promptly and keep the suppression list permanently
• You will not ask us to message purchased lists, scraped contacts, or people who have opted out

If you ask us to send something we believe breaches the Spam Act, the Do Not Call Register Act, or the Australian Consumer Law, we will decline and explain why. That is not us being difficult; the penalties are significant and they fall on your business.

9. Reviews

We ask every genuine customer for an honest review, using neutral wording. We do not filter by expected rating, we do not route unhappy customers away from the public review option, and we do not offer incentives for reviews. That is Google's policy and it is also ours.

If you want review gating, we are not the right fit.

10. What we do not promise

What we build and run is the response side: the site, the text that goes out when you miss a call, the follow-up and the review requests. Where you land in search depends on how long you have been around and who else is competing locally, and no one can honestly promise otherwise.

We set the technical side up properly — your services, your suburbs, page speed, SSL, and your Google Business Profile connected — and that is what we are accountable for.

We aim for the service to be available at all times but we do not guarantee uninterrupted availability. Third-party platforms, carriers and networks go down occasionally and that is outside our control.

11. What you own

This is the part people ask about most, so here it is plainly.

Yours, either way

• Your domain. Registered in your name and it stays with you
• Your Google reviews. They sit on your own Google Business Profile, so they are yours regardless
• Your customer data. Your contacts and conversation history are yours. Ask and we will export them to you in a common format
• Your content. Photos, logos and material you gave us

Runs on our platform

The website, the business phone number and the automations run on our platform, so they stop when the subscription does.

Taking the build with you

If you want to take the build with you there is a one-off handover fee of $1,500 plus GST. After 12 months with us, that fee is waived.

We keep your data available for 30 days after cancellation so you have time to ask for an export. After that it may be deleted.

12. Third-party platforms

We run your system on third-party infrastructure, including a marketing and messaging platform, telecommunications carriers, email delivery providers and hosting providers.

Your use of the service is also subject to those providers' terms and acceptable use policies. We are not responsible for their outages, price changes or policy changes, though we will tell you when one affects you and work out what to do next.

13. Intellectual property

You keep ownership of your brand, your content and your data.

We keep ownership of our underlying systems, templates, automation structures, workflows and know-how. Those are not exclusive to you and we reuse them across clients. Nothing in these terms transfers them.

While you subscribe, you have a licence to use everything we build and run for you, for your business.

We may mention that we work with you and show your build as an example of our work. If you would rather we did not, tell us and we will not.

14. Australian Consumer Law

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to re-supplying the services, or paying the cost of having them re-supplied.

15. Liability

Subject to section 14, and to the extent the law allows:

• Our total liability to you in any 12-month period is limited to the fees you paid us in the 12 months before the claim
• We are not liable for indirect or consequential loss, loss of profits, loss of business, loss of goodwill, or loss of anticipated savings
• We are not liable for loss caused by your breach of these terms, by content or instructions you gave us, or by a third-party platform outage

You indemnify us against claims arising from content you provided, claims you asked us to publish, or messages you asked us to send that breached the law after we told you they would.

16. Suspension by us

We may suspend or end the service if:

• Payment stays unpaid for more than 14 days after we have told you
• You ask us to do something unlawful, or something that would breach a platform's terms
• You use the service to send messages to people who have not consented
• You are abusive to us or to anyone working with us

Except where the law or a platform requires immediate action, we will give you 14 days' written notice and a chance to fix it first. If we end the service for one of these reasons, section 11 still applies to what you own.

17. Changes to these terms

We may update these terms. The "last updated" date at the top reflects the current version. For changes that materially affect you, we give at least 30 days' written notice, and you may cancel before the change takes effect rather than accept it.

18. Governing law

These terms are governed by the laws of South Australia. The courts of South Australia have exclusive jurisdiction over any dispute.

Before running off to court, talk to us. Most things are fixable with a phone call.

19. Contact

• Email: [email protected]
• Phone: 0412 345 678
• Post: Jake Baden North trading as Donkeh Labs, Adelaide SA 5157, Australia

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