Terms

1. About these terms

1.1 LeadMeter is run by Inno Creative Pty Ltd, ABN 51 701 297 627, of Suite 5, 1710 Gold Coast Hwy, Burleigh Heads QLD 4220 (we, us). These terms are the agreement between us and the business that opens a LeadMeter account (you).

1.2 You accept these terms by ticking the box at sign-up. You confirm them, and the card authority in section 7, when you add your card. Your account goes live only after that. If you sign up for a company, partnership or trust, you confirm you are authorised to bind it.

1.3 This agreement is a subscription contract. It has no end date. You are charged automatically for each lead we send you. There is no monthly fee and no minimum term, and you can end it at any time (section 14).

2. What we supply

2.1 We advertise to homeowners at our own cost. We pass each homeowner's enquiry (a lead) to one business only.

2.2 We do not promise any number of leads. We do not promise that a homeowner will answer, ask for a quote or hire you.

3. Your account and licences

3.1 You must hold an active ABN and every licence, registration and insurance the law requires for the work you take leads for. Give us your licence details before your first lead. Tell us within 2 business days if a licence is suspended, cancelled or expires.

3.2 Keep your details accurate and up to date. One account per business. We may ask for identification.

4. Exclusive leads

4.1 Each lead is sent to you alone, and we never send the same enquiry to another business.

4.2 Exclusivity applies to each lead, not to an area. Other businesses may receive different leads in the same suburbs.

5. The seven checks

5.1 A lead is billable only if, when we send it, it passes all seven checks: (1) a first name and surname that are not obviously false, test or abusive; (2) an Australian mobile number that is connected and is not a wrong number for the person named; (3) an email address that accepts mail; (4) a job postcode inside the area set in your account; (5) a job type you selected, as chosen by the homeowner on our form; (6) not the same homeowner and job as a lead we sent you in the previous 30 days; (7) sent to you alone.

5.2 If a lead fails a check, you do not pay for it (section 9).

6. Prices, GST and receipts

6.1 The price for each job type is shown to you on the card screen before you add your card. Prices include GST.

6.2 We charge the price shown for that job type at the time the lead is sent.

6.3 Every charge comes with a receipt that is a tax invoice. Every credit or refund comes with an adjustment note.

6.4 We do not add card surcharges or fees of any other kind.

7. Card authority and the hold

7.1 You authorise us to charge the card saved on your account once for each lead. Each charge is the price shown for that job type, taken immediately before the lead is sent. Charges can happen at any time on any day, up to your daily lead cap. If a charge fails, the lead is not sent.

7.2 When you add your card we place a hold on it for the hold amount shown before you confirm. When your first lead arrives, we charge that lead's price against the hold and the rest of the hold is released. If no lead arrives before the hold ends, it is released in full and nothing is charged. The card screen shows how long the hold lasts.

7.3 Our payment provider stores your card. We do not see or keep the full card number.

7.4 You can stop charges at any time by pausing your account, removing your card (which pauses your account) or closing your account. You can replace your card at any time.

8. Your controls

8.1 You choose your service area, your job types and a daily lead cap. New accounts get up to 3 leads a day until 10 leads have been paid for.

8.2 Pausing, closing, lowering your cap, shrinking your area and removing job types all take effect straight away. Raising your cap, enlarging your area and adding job types take effect from the next day.

9. Disputes, credits and refunds

9.1 If you think a lead failed a check, tell us within 7 days of receiving it, using the dispute option in your account, by replying to the lead text, or by emailing info@innocreative.com.au. If you could not reasonably have found the problem within 7 days, raise it when you find it and we will still review it.

9.2 A person reviews every dispute and replies within 2 business days with the decision and the reason. On request we will show you the records we relied on. If we have not replied within 5 business days, we credit the lead.

9.3 If a lead failed a check, we credit its price to your account. You can ask at any time for that credit to be refunded to your card instead, and we will refund it within 5 business days.

9.4 When your account closes, we refund all unused credit you paid for. Credits never expire. If your account has had no leads for 12 months, we refund your paid credit to your card.

9.5 Not answering, not going ahead, getting other quotes or wanting a lower price are not failed checks, and those leads are not credited.

9.6 If you disagree with a decision, email info@innocreative.com.au and ask for a director's review. A director will review it within 10 business days. This does not stop either of us going to a regulator or a court.

10. Consumer guarantees

10.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

10.2 The credit and refund in section 9 is given by Inno Creative Pty Ltd, ABN 51 701 297 627, Suite 5, 1710 Gold Coast Hwy, Burleigh Heads QLD 4220, phone 07 3073 1527, info@innocreative.com.au. To claim it, raise a dispute as set out in section 9.1. Claiming costs you nothing. It is in addition to your rights under the Australian Consumer Law.

11. How you may use a lead

11.1 Use a homeowner's details only to respond to their enquiry. Do not sell, share or pass them on, or add them to a marketing list without the homeowner's consent.

11.2 Call between 9am and 8pm on weekdays and between 9am and 5pm on Saturdays, at the homeowner's local time. Do not call on Sundays or national public holidays. Say who you are, your business name, that QuoteMeter passed on their request, and why you are calling. Do not contact a homeowner about the enquiry more than 3 months after you receive it, unless they ask you to.

11.3 If a homeowner asks you to stop, stop straight away and tell us. If they ask you to delete their details, delete them unless the law requires you to keep them.

11.4 Follow the Spam Act 2003, the Do Not Call Register Act 2006, the Privacy Act 1988 where it applies to you, and the Australian Consumer Law. A sale you make by phone or at the homeowner's home for more than $100 may be an unsolicited consumer agreement, which gives the homeowner 10 business days to cancel and bars you from taking payment or starting work in that time. Treat those sales that way unless you have advice that the rules do not apply.

11.5 Keep homeowner details secure. Tell us within 2 business days if they are lost or accessed without permission.

11.6 Any contract for work is between you and the homeowner.

12. Pauses and closure by us

12.1 If a charge fails, your account pauses until a payment succeeds. There are no late fees.

12.2 If our records show that three leads in a row were not called within 24 hours of arriving (not counting Sundays and public holidays), we will warn you. If it happens again within 30 days, we may pause your account until you tell us you are ready. You can show us records that you did call.

12.3 Please raise a problem with us before you dispute a charge with your bank. While a bank dispute is open we may pause your account. We will not close your account because of a bank dispute made in good faith.

12.4 If you seriously breach these terms, we will tell you what the breach is. You then have 5 business days to fix it, or to show us there was no breach, before we close your account. If we reasonably believe there is fraud or misuse of homeowner details, or you lose a required licence, we may pause your account straight away. We will tell you why within 1 business day and consider your response.

12.5 We may close your account for any other reason by giving you 30 days notice.

12.6 Whenever we close your account, we refund all unused credit you paid for.

13. Changes

13.1 We will give you at least 30 days notice by email and text before a price rise or any change to these terms. The notice will say what is changing.

13.2 If you do not accept a change, you can close your account before the change takes effect. Closing costs nothing and we refund your paid credit. If you keep receiving leads after the change takes effect, you have accepted it.

13.3 Price reductions can apply straight away.

14. Closing your account

14.1 You can close your account at any time online, or by emailing or texting us. Closing is free and takes effect straight away. We confirm it in writing.

14.2 You still pay for leads already sent to you. We refund your unused paid credit within 5 business days.

15. Prepaid credit, bonus credit and referrals (only if offered)

15.1 If we offer prepaid credit, you can buy it at the prices shown at the time. Any bonus credit shown is added on top.

15.2 Leads are paid from bonus or referral credit first, then from paid credit. Paid credit is refundable under these terms. Bonus and referral credit cannot be exchanged for cash.

15.3 When a business you refer pays for its 10th lead, each of you receives the referral credit amount shown at the time of the referral.

15.4 Referral credit is not available for a business that already had an account, or for referring yourself.

16. Liability

16.1 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

16.2 Where the law allows, and only where it is fair and reasonable, our liability for failing to meet a consumer guarantee for a lead is limited to supplying a replacement lead or refunding the price of that lead, as you choose.

16.3 Neither of us is liable to the other for indirect or consequential loss, or for profit expected from work that was never agreed.

16.4 Except for amounts owed for leads, either party's total liability to the other is limited to the amount you paid us in the 6 months before the claim.

16.5 Sections 16.3 and 16.4 do not apply to fraud, wilful misconduct, a deliberate misuse of homeowner details, or liability that cannot be limited by law.

17. Responsibility for each other's breaches

17.1 If you breach section 11 and we suffer a loss or claim because of it, you must compensate us to the extent you caused it.

17.2 If a homeowner did not ask to be contacted, or we collected their details in breach of the law, and you suffer a loss or claim because of it, we must compensate you to the extent we caused it.

17.3 Each of us must take reasonable steps to reduce the loss and tell the other promptly about any claim.

18. Privacy and records

18.1 We handle your information as set out in our Privacy Policy.

18.2 When you accept, we record the version of these terms, the key terms and the checkbox wording shown to you, along with the time, IP address and device. When you add your card we also record the prices and hold amount shown to you. You can ask us for a copy.

19. General

19.1 These terms are governed by the law of Queensland. Either of us may bring proceedings in the courts of Queensland or any other Australian court with jurisdiction.

19.2 We send notices to the email address and mobile number on your account.

19.3 We may transfer this agreement only as part of a sale of the LeadMeter business. We will give you 30 days notice, and you can close your account free of charge before the transfer.

19.4 If any part of these terms cannot be enforced, the rest still applies. Not enforcing a right now does not waive it.