Terms and Conditions

1. About these terms

These Terms and Conditions apply when you access or purchase KeptDesk software, setup work, local visibility services, advertising services, automation services or related work supplied by Port Jackson Group (ABN 25 687 963 987), referred to as “we”, “us” or “our”. “You” means the customer named in an order, proposal, checkout or written acceptance.

By purchasing, subscribing to, accessing or instructing us to begin a service, you agree to these terms together with the accepted proposal or order. If the documents conflict, the accepted proposal or order controls for the service-specific scope, price and timing.

2. Services and scope

We will provide the services described in your selected plan, order or written scope using due care and skill. Inclusions, exclusions, inputs, timing and the definition of completion may be set out in a separate proposal.

KeptDesk is designed to assist with missed-call responses, enquiry capture, follow-up and related business workflows. It does not replace emergency services, professional advice or a human receptionist in circumstances requiring judgement, safety decisions or regulated advice.

Done-for-you growth services are limited to the agreed deliverables. Work outside scope requires written approval and may incur an additional fee.

3. Fees, subscriptions and renewals

• Prices are in Australian dollars and include GST where applicable unless stated otherwise.
• Subscription fees are billed in advance for each monthly period and renew automatically until cancelled.
• You may cancel before the next renewal date. Cancellation stops future renewals and access continues until the end of the paid period unless otherwise agreed.
• Each plan includes the SMS allowance shown at purchase. Additional standard Australian SMS are charged at the published overage rate. Multipart, international and premium messages may cost more, and we will disclose applicable rates before enabling them.
• Setup fees, advertising spend, platform charges, usage overages and third-party costs are separate where identified.
• We will not materially increase an active subscription price without reasonable advance notice. Founder pricing applies for the period stated in the offer.
• If an undisputed payment is overdue, we may give notice and suspend affected services until payment is received.

4. Your responsibilities

You must provide accurate business information, lawful instructions, required access, approvals and content within a reasonable time. You are responsible for reviewing business details, claims, prices, offers, audience selections and campaign material before publication.

You must not use the services to send unlawful spam, mislead people, impersonate another person, harass recipients, collect information without authority, breach privacy or telecommunications laws, or promote unlawful products or services.

For marketing SMS or email, you are responsible for having valid recipient consent. Commercial messages must identify the sender, include contact details and provide a functional, easy unsubscribe method. You must promptly honour opt-outs. Transactional enquiry confirmations must not be repurposed for unrelated marketing without appropriate consent.

Delays caused by missing access, content or approval may move delivery dates. We will tell you when an input is required and act reasonably to minimise delay.

5. Advertising and marketing results

Search rankings, advertising costs, lead volume, sales and revenue depend on factors outside our control, including competition, location, demand, your offer, website, response time, platform decisions and advertising budget. We do not guarantee a particular ranking, number of leads or financial result.

Forecasts, calculators, examples and opportunity estimates are illustrative only. We will report work and available performance data honestly and will not knowingly use false or misleading claims.

Advertising spend is paid by you directly or funded in advance and is not included in management fees unless expressly stated.

6. Third-party platforms

Services may rely on telecommunications carriers, Google, Meta, email or SMS providers, hosting services and other third parties. Their separate terms, policies, pricing and availability apply. We are not responsible for a third party changing or suspending its platform, but we will provide reasonable assistance with issues within our control.

7. Intellectual property

You retain ownership of materials you provide. You give us a limited licence to use them to deliver the services. We retain ownership of KeptDesk, our pre-existing software, methods, templates, know-how and reusable components.

Once all agreed fees for custom deliverables are paid, you receive the ownership or usage rights described in the proposal. Third-party software, stock materials, fonts, platforms and licences remain subject to their own terms.

8. Data, confidentiality and security

Each party must protect the other party’s confidential information and use it only for the agreed work, except where disclosure is required by law. You must only provide personal information you are authorised to provide.

We use reasonable safeguards, but no internet or telecommunications service can be guaranteed completely secure. You must maintain appropriate access controls and promptly tell us about suspected unauthorised access.

9. Availability and changes

We aim to provide a reliable service but do not promise uninterrupted operation. Maintenance, security work, carrier outages and third-party failures may affect availability. We may make reasonable changes that improve security or operation without materially reducing the service you purchased.

10. Consumer guarantees and liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law where it applies, including that services will be provided with due care and skill, be fit for an agreed purpose and be supplied within the agreed time or a reasonable time.

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable. Nothing in these terms limits liability for fraud, wilful misconduct, breach of confidentiality, infringement of intellectual property rights, or any liability that cannot lawfully be limited.

Where the law permits a remedy to be limited, our liability may be limited to supplying the affected service again or paying the reasonable cost of having it supplied again.

11. Cancellation and termination

You may cancel a subscription before renewal or end project work in writing. Fees for completed work, approved commitments and non-recoverable third-party costs remain payable. Refunds are handled under our Refund Policy and the Australian Consumer Law.

Either party may end an agreement for a material breach that is not fixed within a reasonable period after written notice. We may act immediately where use is unlawful, fraudulent, unsafe or creates a material security risk.

12. Complaints and disputes

Please first email portjacksongroup@gmail.com with the order details, the issue and the outcome sought. We will acknowledge the complaint and try to resolve it fairly and promptly.

If it is not resolved, both parties agree to attempt good-faith negotiation before court proceedings, except where urgent relief is required. These terms are governed by the laws of New South Wales, Australia, and the parties submit to courts with jurisdiction there.

13. General

If part of these terms is invalid or unenforceable, the remaining terms continue. A failure to enforce a right is not a waiver. Neither party may transfer the agreement without consent, except as part of a genuine sale or restructure with notice and without reducing the customer’s rights.

We may update these terms prospectively. Material changes affecting an active paid service will be notified before taking effect.