LEADAI PTY LTD REFUND POLICY

LEADAI PTY LTD
Last Updated: 21st Jan 2025

1. General Application and Acceptance

1. General Application and Acceptance — Business-to-Business Appointment-Setting Services Only

1.1 Scope.
This Refund Policy applies solely to LeadAI’s appointment-setting services and only where this Refund Policy (or a link to it) is expressly incorporated into the relevant order form, proposal, or service agreement at the time of purchase (the “Covered Appointment-Setting Agreement”).

If your transaction does not expressly reference or link to this Refund Policy, no part of this Refund Policy applies; instead, your purchase is governed exclusively by the LeadAI Terms of Use and Sale available at
https://leadai.com.au/leadai-terms-of-sale-and-use/.
SaaS Excluded. LeadAI’s software-as-a-service (SaaS) platform and any other LeadAI offerings that are not appointment-setting services are expressly excluded from this Refund Policy, even if purchased on the same account.

1.2 Business-to-Business Only.
The Client represents and warrants that it is acquiring the appointment-setting services solely for business or commercial purposes and not as a consumer. Accordingly, to the maximum extent permitted by law, the parties contract out of any statutory consumer guarantees that might otherwise apply.

1.3 Contractual Incorporation.
For any Covered Appointment-Setting Agreement, this Refund Policy is incorporated by reference and forms an integral part of the binding contract between LeadAI and the Client. By purchasing or using the covered services, the Client irrevocably agrees that:

Refunds are not automatic and are available only under the strict conditions set out in this Policy;
All replacements, credits, and remedies are governed exclusively by this Policy; and
LeadAI may amend this Refund Policy from time to time in accordance with the “Changes to This Policy” clause.

1.4 Non-Excludable Rights.
Nothing in this Refund Policy excludes, restricts, or modifies any non-excludable statutory rights that apply under Australian law. Where such rights cannot be excluded but may be limited, the parties agree to limit them to the fullest extent permitted.

2. Definitions

Qualified Appointment: An appointment meeting all criteria set out in the written agreement or payment link, validated through LeadAI’s processes, including but not limited to AI Agent calls, human agent calls, or other recordings.
Service Term: The agreed period in which appointments are to be delivered, typically 30 calendar days from commencement unless otherwise stated.
Undelivered Appointments: Appointments not delivered within the Service Term or applicable extension periods.

3. Eligibility for Refunds

Refunds are available only in the following limited circumstances and strictly subject to full compliance with all conditions outlined in this Refund Policy:

3.1 Undelivered Appointments

A refund may only be considered for appointments that:

Were agreed to be delivered during the applicable Service Term;
Have not been delivered by the end of both the initial Service Term plus any elected extension or replacement periods (see Section 5 below); and
Meet all refund request lodgement requirements outlined in Section 4.

Important:
The Service Provider reserves the right to extend the delivery timeframe by up to an additional 30 working days beyond the original Service Term if operationally required without any refund obligation arising.

3.2 Non-Qualified Appointments

An appointment is considered Non-Qualified only where:

The customer does not meet the agreed qualification criteria as confirmed during recorded communications; and
The non-qualification is confirmed solely by LeadAI following internal verification; and
The Client has properly lodged a valid refund request (see Section 4) and the replacement period under Section 5 has expired without replacement.

LeadAI retains the sole discretion to determine whether an appointment is Qualified or Non-Qualified based on available evidence.

3.3 No Refunds for Qualified Appointments

Appointments that are validated as “Qualified” according to Section 5.2, whether or not resulting in commercial success for the Client, are strictly non-refundable.

3.4 No Refunds for Partial Performance

Partial delivery of Services, partial qualification, or partial lead performance does not entitle the Client to any proportional or partial refund unless otherwise expressly agreed in writing.

4. Refund Request Conditions and Lodgement

For a refund or replacement request to be considered valid under this Refund Policy, the following strict conditions must be met:

4.1 Official Lodgement

The Client must submit a written refund request to support@leadai.com.au only.
Refund requests submitted via any other method (including verbal discussions, SMS, or to unrelated email addresses) will not be considered or acknowledged.

4.2 Timing of Request

The refund request must be lodged within 7 calendar days following the end of the Service Term or any applicable extension or replacement period (whichever is later).
Any refund requests received after that period will be automatically invalid and rejected without further consideration.

4.3 Required Information

The refund request must contain, at a minimum:

Client’s full company details and representative contact name.
A full written summary of the appointments claimed to be Undelivered or Non-Qualified.
Any relevant supporting documentation or evidence available (e.g., call logs, summaries).

4.4 Review Period

LeadAI shall have up to 10 working days from receipt of a properly lodged refund request to complete its internal review and issue a written response. Failure to respond within that period shall constitute deemed rejection of the refund request; no implied acceptance, waiver, or liability shall arise from a failure to respond.

4.5 Non-Response Deemed Rejection

Failure by LeadAI to respond within the 10-working-day period shall constitute deemed rejection of the refund request.
No implied acceptance, waiver, or liability shall arise from a failure to respond.

5. Replacement Rights and Extended Delivery

LeadAI prioritizes the delivery of Qualified Appointments and reserves the right to replace appointments rather than issue refunds wherever possible.

5.1 Right to Replace Before Refund

Where a refund request relates to Undelivered or Non-Qualified appointments, LeadAI shall have:

30 calendar days to deliver replacement Qualified Appointments for Undelivered appointments; and
30 calendar days from the date of acceptance of a Non-Qualification claim to deliver replacement Qualified Appointments.

Refunds will only be considered if LeadAI fails to deliver replacement appointments within these additional periods.

5.2 Nature of Replacement

Replacements will be based on appointments meeting the original agreed qualification criteria.
Replacements may include new leads, re-engagements with existing leads, or other equivalent Qualified Appointments, at LeadAI’s sole discretion.

5.3 Client Obligation to Cooperate

The Client must cooperate promptly and fully by providing updated lead lists, clarification of qualification criteria, or any other information or assistance reasonably requested by LeadAI to facilitate replacement appointments. Failure or delay by the Client in responding to such requests within 5 working days will void the Client’s eligibility for refunds or replacements related to the affected appointments.

5.4 Suspension of Refund Clock

During any replacement period, all refund claim processing and payment deadlines are automatically suspended until the replacement attempt period expires.

6. Verification and Sole Authority

LeadAI retains full authority to determine the qualification status of appointments.

6.1 Sole Discretion

Only LeadAI, through its internal review team, has the authority to determine whether an appointment is deemed Qualified, Non-Qualified, or Undelivered.
Third-party opinions, Client assessments, or Client preferences do not bind LeadAI unless expressly agreed otherwise in writing.

6.2 Evidence Sources

Verification of appointment qualification will be based on:

AI Agent recorded calls;
Human agent recorded calls;
Written communications (emails, SMS);
System notes and logs associated with lead interactions;
CRM records;
Other evidence available to LeadAI.

Note:
LeadAI is not obliged to provide the Client access to full recordings or internal system records unless required under applicable law or expressly agreed in writing.

6.3 Finality of Decision

All determinations made by LeadAI regarding refund eligibility, appointment qualification, replacement adequacy, or service performance shall be final and binding, subject only to any mandatory non-excludable statutory rights.

7. Extended Timeframes and Refund Payment Terms

LeadAI sets clear, commercially reasonable timeframes for processing any approved refunds, credits, or replacements.

7.1 Refund Processing Timeline

Once a refund is formally approved in writing by LeadAI, refund payments will be processed within 30 working days (extended from 12 working days) of written approval.
This processing period may be extended if additional Client information, bank verification, or regulatory compliance steps are required.

7.2 Refund Method

Refunds will only be made to the original payment method used by the Client unless otherwise agreed in writing.
If the original payment method is unavailable, alternative payment arrangements will be made at LeadAI’s sole discretion.

7.3 No Set-Offs or Deductions

Clients are not entitled to withhold payment for other services or offset amounts owing against any claimed refund without LeadAI’s prior written agreement.

7.4 No Interest

Refunds are issued for the principal amount only.
LeadAI is under no obligation to pay interest, penalties, damages, or consequential losses associated with any approved or delayed refund.

8. Limitations, Waivers, and Client Risk Allocation

8.1 No Guarantees on Outcomes

LeadAI expressly disclaims any representation, warranty, or guarantee that:

Any appointment will result in a sale, revenue, contract, partnership, or business success for the Client; or
Any outcome beyond the delivery of the Qualified Appointment itself will occur.

The Client assumes all risks associated with converting appointments into successful commercial outcomes.

8.2 Client Responsibility for Data

The Client bears full responsibility for the accuracy, currency, and compliance of all lead data provided.
Refunds are not available where delivery failures are caused by defective, incomplete, illegal, or non-compliant lead information.

8.3 Limitation of Liability

To the fullest extent permitted by law:

To the fullest extent permitted by law, LeadAI’s total aggregate liability for any claim is limited to the lesser of:

(i) the total amount of fees paid for the specific services giving rise to the claim, or

(ii) AUD $2,000.

LeadAI is not liable for indirect, incidental, special, consequential, punitive, exemplary, or loss of profit damages under any circumstances.

8.4 No Chargebacks

The Client agrees not to initiate any chargeback, payment reversal, or dispute with their financial institution without first complying fully with this Refund Policy. Any attempted or actual unauthorized chargeback shall:

(a) constitute an immediate breach of contract;
(b) terminate all rights of the Client under this Refund Policy and any related agreements; and
(c) entitle LeadAI to recover, on a full indemnity basis, the disputed amount, plus interest at 10 percent per annum, and all costs incurred in connection with collection or enforcement (including legal fees and expert expenses).

8.5 Final Settlement

Issuance of any refund constitutes:

Full and final settlement of the subject matter covered by the refund; and
Waiver by the Client of any further claims, demands, or rights relating to the same matter.

9. Final Legal Provisions

9.1 Entire Agreement

This Refund Policy, together with any written Service Agreement, Sales Terms, or Payment Link associated with the Client’s purchase, constitutes the entire agreement between the parties relating to refunds, and supersedes all prior discussions, understandings, or representations.

No oral or implied terms shall be incorporated unless agreed in writing by an authorised representative of LeadAI.

9.2 Dispute Resolution and Governing Law

Any dispute, controversy, or claim arising out of or relating to this Refund Policy, any related agreements, or the services provided by LeadAI Pty Ltd shall be resolved exclusively in accordance with the process determined at LeadAI’s sole discretion.
LeadAI may elect, in its sole and absolute discretion, to resolve any dispute by:
- (i) Informal negotiation between the parties;
- (ii) Mediation administered by the Australian Disputes Centre (ADC) in Victoria; or
- (iii) Binding arbitration under the Arbitration Rules of the Australian Centre for International Commercial Arbitration (ACICA) or other arbitration rules as selected by LeadAI; or
- (iv) Court proceedings commenced in the courts of Victoria, Australia.
The Client irrevocably consents to LeadAI’s selection of the method of dispute resolution and agrees to submit to the chosen process without objection.

9.3 Governing Law and Venue

This Refund Policy is governed by and must be construed in accordance with the laws of the State of Victoria, Australia.
In the event that LeadAI elects litigation (court proceedings) as the dispute resolution method, the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and waive any objection to proceedings in those courts on the grounds of inconvenient forum.

9.4 Costs of Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Refund Policy, the related Service Agreement, or the services provided by LeadAI Pty Ltd, the Client shall bear their own costs, and:
- (i) If the Client initiates a dispute and the outcome is substantially in favor of LeadAI, the Client must reimburse LeadAI for all reasonable legal costs, mediation fees, arbitration costs, expert witness expenses, and any other costs incurred in connection with the dispute resolution process, on a full indemnity basis.
- (ii) If LeadAI initiates a dispute and the outcome is substantially in favor of LeadAI, the Client must similarly reimburse all LeadAI’s costs on a full indemnity basis.
“Full indemnity basis” means all legal and professional costs actually incurred, not limited to court scale costs or recoverable costs.

9.5 Changes to This Policy

LeadAI reserves the right to update, vary, or amend this Refund Policy at any time without prior notice. The version of the Refund Policy published on LeadAI’s website at the time of the Client’s purchase—or otherwise expressly provided to the Client in writing at the time of purchase—shall govern that transaction. The Client bears sole responsibility to:
(i) obtain and retain an official record of the Refund Policy version in effect at the time of purchase or agreement; and
(ii) lodge a copy of that version with LeadAI by emailing it to support@leadai.com.au within 7 calendar days of the transaction.
Where the Client lodges a copy and LeadAI does not issue a written objection or clarification within 5 working days of receipt, the lodged version shall be deemed acknowledged and recorded on LeadAI’s company records as the governing version for that transaction. In the absence of a properly lodged record by the Client, the version published on LeadAI’s website at the time of any dispute will be deemed the prevailing version without further notice. All updates apply prospectively only unless otherwise expressly agreed in writing by LeadAI.

9.6 Severability

If any provision of this Refund Policy is held to be invalid, illegal, or unenforceable, that provision will be severed, and the remainder of the Refund Policy will continue in full force and effect.

9.7 No Waiver

No delay, omission, or failure by LeadAI to exercise any right or enforce any provision of this Refund Policy shall operate as a waiver of such right or provision. Any waiver of rights under this Refund Policy must be expressly granted in writing by an authorized representative of LeadAI.

9.8 Survival

All provisions of this Refund Policy which by their nature should survive termination or expiration—including but not limited to limitation of liability, indemnities, confidentiality, no-chargeback, no-waiver, and dispute resolution clauses—shall survive any termination or expiry of the Client’s Service Agreement with LeadAI.

10. Intellectual Property Protection

10.1 Ownership

All right, title, and interest in and to LeadAI’s platform, software, AI models, algorithms, documentation, processes, and any related intellectual property (“LeadAI IP”) remain exclusively with LeadAI Pty Ltd or its licensors.

10.2 License to Client

Subject to the Client’s compliance with all terms of the Service Agreement and this Refund Policy, LeadAI grants the Client a non-exclusive, non-transferable, revocable license to use the Deliverables solely for the Client’s internal business purposes during the Service Term. No other rights or licenses are granted.

10.3 Restrictions

The Client shall not, and shall ensure its personnel and contractors do not, directly or indirectly:
• Copy, reverse engineer, decompile, disassemble, or modify any LeadAI IP;
• Remove or alter any proprietary notices or legends;
• Create derivative works based on LeadAI IP; or
• Use LeadAI IP to develop a competing product or service.

10.4 Client Data and Feedback

The Client retains ownership of all data it submits (“Client Data”). The Client grants LeadAI a limited, worldwide, sublicensable, royalty-free license to process, store, anonymize, and analyze Client Data solely to provide and improve the Services. Any feedback, suggestions, or improvements provided by the Client regarding LeadAI’s services shall be owned by LeadAI and may be used without restriction.

10.5 Confidentiality

Each party shall treat as confidential all non-public information disclosed by the other party, including LeadAI IP and Client Data. Neither party shall disclose or use the other’s confidential information except to perform its obligations under this Refund Policy and the Service Agreement.

10.6 Return or Deletion

Upon termination or expiry of the Service Agreement, LeadAI shall, at the Client’s direction, return or securely delete all Client Data in its possession, except that LeadAI may retain anonymized or aggregated data for internal analytical purposes.

10.7 Injunctive Relief

The Client acknowledges that any breach of this Section 10 may cause irreparable harm to LeadAI for which monetary damages would be inadequate, and therefore LeadAI shall be entitled to seek injunctive relief in addition to any other remedies.

10.8 Indemnity for IP Misuse

The Client shall indemnify, defend, and hold harmless LeadAI from and against any claims, damages, or costs arising from the Client’s unauthorized use of LeadAI IP or breach of this Section 10.

Contact Details:

LEADAI PTY LTD
Address: Level 2, 21–31 Hall Street, Moonee Ponds Central, Moonee Ponds, VIC 3039
Email: support@leadai.com.au