Terms of Service
Last updated: 22 September 2026
These Terms of Service apply to services supplied by VB Communications Pty Ltd trading as SME AI Works (“SME AI Works”, “we”, “us” or “our”).
By using our website, booking a consultation, accepting a proposal or purchasing our services, you agree to these Terms.
1. About SME AI Works
SME AI Works provides customer relationship management, marketing automation, communication, reputation-management and AI-supported business systems primarily for Australian small and medium-sized businesses.
Our services may include system planning, account configuration, CRM setup, workflow automation, website and enquiry-form connections, appointment calendars, missed-call responses, enquiry follow-up, review requests, customer reactivation, reporting, AI-assisted communications and related support.
The particular services supplied to you will be described in a proposal, order form, statement of work or service agreement.
2. Relationship between these Terms and your proposal
These Terms apply together with any written proposal, order form, statement of work or service agreement accepted by you.
If there is an inconsistency, the following order of priority applies:
A signed service agreement
An accepted statement of work or proposal
An order form
These Terms of Service
General website information
A proposal or statement of work may include additional conditions specific to your business, selected package, implementation, performance target and connected systems.
3. Accepting our services
You accept these Terms when you:
Sign or electronically accept a proposal or agreement
Approve work to commence
Pay a setup fee, invoice or subscription
Create or use an account supplied by us
Continue using our services after receiving these Terms
If you accept these Terms on behalf of a business, you confirm that you are authorised to bind that business.
4. Service scope
We will provide the services described in your accepted proposal or statement of work with due care and skill.
Items not expressly included are outside the agreed scope and may require an additional quotation. Examples can include additional workflows, pipelines, calendars, websites, landing pages, integrations, training, campaigns or extensive changes requested after approval.
Implementation timeframes depend on receiving the information, access, approvals and cooperation reasonably required from you.
5. Setup fees
Setup fees cover discovery, planning, account configuration, workflow creation, system connections, testing, onboarding and launch preparation.
Unless otherwise stated in writing:
The setup fee is payable before implementation begins.
The setup fee remains eligible for the performance guarantee described in section 8.
Eligibility for a setup-fee refund ends when the agreed performance target is achieved.
A refund is not automatic merely because the client changes their mind, delays implementation or fails to meet their responsibilities.
Any refund entitlement is assessed under the conditions in section 8 and does not limit rights available under Australian Consumer Law.
6. Monthly service fees
Monthly service fees are charged in advance at the rate specified in your proposal or order form.
Unless otherwise agreed:
Monthly billing begins after the agreed performance target has been achieved.
Once billing begins, the service renews monthly until cancelled.
You must provide at least 30 days’ written notice to cancel.
Services remain active and fees continue during the notice period.
We do not ordinarily provide prorated refunds for a partially used billing period, except where required by law or agreed in writing.
Prices may be changed by giving reasonable written notice. A price change will not take effect during a prepaid billing period.
7. Usage and third-party charges
Usage charges are separate from setup and monthly service fees unless expressly included in writing.
Usage charges may include:
Telephone numbers and calls
SMS and MMS messages
Email delivery
WhatsApp messaging
AI or conversational usage
Payment-processing fees
Premium integrations
Advertising expenditure
Other third-party platform charges
Usage charges are based on actual consumption or the applicable provider’s charges. They remain payable during any guarantee or fee-free period and are generally non-refundable once incurred.
You authorise us or the relevant provider to charge approved usage costs using the agreed billing method.
8. Performance guarantee - “Free until it delivers”
Where a proposal expressly includes our “Free until it delivers” offer, the following conditions apply.
8.1 Written performance target
Before implementation begins, SME AI Works and the client must agree in writing on:
The specific performance target
How the target will be measured
The systems or data used to measure it
The measurement period
The review date
The client responsibilities required to support the target
Any exclusions, assumptions or minimum activity requirements
There is no performance guarantee unless these items are recorded in an accepted proposal, statement of work or guarantee schedule.
8.2 Monthly fees before the target is achieved
Monthly service fees will not commence until the agreed performance target has been achieved and verified using the agreed measurement method.
Third-party, communication, advertising and usage charges remain payable.
8.3 Setup-fee refund
If the agreed target has not been achieved by the agreed review date, and the client has fulfilled all applicable responsibilities, the client may request a full refund of the setup fee.
The request must be made in writing within 14 days after the review date.
If a qualifying refund is issued:
The associated service may be terminated.
SME AI Works may disable or remove workflows, configurations, templates and intellectual property supplied under the service.
The client remains responsible for outstanding usage charges, third-party costs and separately approved work.
The client’s own customer information remains theirs and will be made reasonably available for export, subject to technical limitations and outstanding lawful charges.
8.4 When the guarantee ends
The performance guarantee and setup-fee refund entitlement end when the agreed performance target is achieved.
Achievement will be determined using the measurement method specified in the accepted proposal or guarantee schedule.
8.5 Client responsibilities
The guarantee applies only where the client:
Provides accurate information and required account access
Completes onboarding and approvals within agreed timeframes
Maintains required telephone, email, website and third-party services
Provides a reasonable volume of genuine enquiries or customer activity where relevant
Uses the system as instructed
Responds to qualified leads and escalated enquiries within agreed timeframes
Does not disable, alter or interfere with the system without approval
Pays usage charges and other undisputed invoices when due
Complies with applicable laws and platform requirements
Provides reasonable opportunities for SME AI Works to diagnose and correct issues
If these requirements are not met, the measurement period may be paused or extended by the period of delay. The guarantee may cease to apply where a material failure is not corrected after reasonable written notice.
8.6 Exclusions
The guarantee does not apply to results materially affected by:
Insufficient lead or customer volume
Misleading, uncompetitive or unavailable client offers
Client pricing, availability, service quality or reputation
Failure to answer calls or respond to enquiries
Incorrect or incomplete customer data
Changes made without our approval
Third-party outages, restrictions or policy changes
Suspension of the client’s telephone, email, advertising or platform accounts
Events outside our reasonable control
Unlawful or prohibited client activity
These exclusions do not remove any rights or remedies that cannot lawfully be excluded.
9. No general guarantee of leads or sales
Except for an expressly documented performance target, we do not guarantee a particular number of leads, appointments, reviews, sales, customers or amount of revenue.
Business results can depend on matters outside our control, including market demand, competition, advertising activity, lead quality, pricing, availability, customer service and the client’s response to opportunities.
We guarantee only the specific commitments expressly recorded in an accepted proposal or agreement.
10. Client responsibilities
You agree to:
Provide accurate and complete information
Supply required access, content and approvals promptly
Ensure you have authority to provide customer and business information
Keep account credentials secure
Review messages, workflows and system settings before launch
Monitor your business communications and escalations
Comply with privacy, spam, telemarketing, consumer and industry laws
Honour opt-outs, unsubscribe requests and customer preferences
Avoid uploading unlawful, misleading or improperly obtained information
Notify us promptly of errors, security concerns or unauthorised account access
You remain responsible for your products, services, prices, statements, customer relationships and business decisions.
11. Electronic marketing and customer data
You must have a lawful basis and any required consent to contact customers and prospective customers using email, SMS, telephone, WhatsApp or other communication channels.
You are responsible for:
The legality and accuracy of customer lists supplied to us
Maintaining appropriate consent records
Identifying the sender in commercial messages
Providing functional unsubscribe mechanisms
Honouring opt-out requests
Ensuring communications comply with applicable laws and platform policies
We may refuse or suspend campaigns that we reasonably believe are unlawful, misleading, unsolicited or likely to damage platform reputation.
12. AI-supported services
Some services may use AI to assist with enquiry handling, classification, drafting, scheduling, summaries or administrative tasks.
You acknowledge that:
AI-generated content may contain errors or misunderstand context.
Important communications and decisions may require human review.
AI should not be relied upon for legal, medical, financial, safety-critical or other professional advice.
AI services may be affected by third-party availability and changes.
You remain responsible for decisions made using information produced by the system.
We will configure reasonable escalation and review processes where included in the agreed scope.
13. Third-party platforms
Our services may depend on third-party platforms such as CRM, telecommunications, email, payment, website, social-media, advertising, calendar and AI providers.
Third-party services may:
Charge separate fees
Change their functionality or pricing
Impose usage limits
Suspend accounts
Experience outages
Change their terms or policies
We are not responsible for third-party failures outside our reasonable control. We will provide reasonable assistance to diagnose problems and identify practical alternatives where available.
You must comply with the terms and policies of connected third-party providers.
14. Intellectual property
Each party retains ownership of intellectual property it owned before the engagement.
You retain ownership of:
Your business information
Your branding and original content
Your customer database
Materials created independently of our services
SME AI Works retains ownership of:
Pre-existing templates
Workflow frameworks
System architecture
Processes, methods and know-how
Reusable automation components
Documentation and materials developed independently of your confidential information
Once all applicable fees are paid, you receive a non-exclusive licence to use the configured system and deliverables for your own internal business purposes, subject to any third-party platform restrictions.
You must not resell, copy or commercially distribute our proprietary templates or systems without written permission.
15. Privacy and confidentiality
We handle personal information in accordance with our Privacy Policy.
Each party agrees to protect the other party’s confidential information and use it only for the engagement. This obligation does not apply to information that:
Is publicly available through no breach of confidentiality
Was already lawfully known
Is independently developed
Is received lawfully from another source
Must be disclosed by law
16. Account access and data
Your customer information remains yours.
Where technically available and subject to applicable platform requirements, we will provide reasonable assistance to export your customer information when services end.
Some system configurations, workflows or features may depend on accounts, licences or platforms controlled by SME AI Works. Ending the service may result in those features being disabled or unavailable.
You should maintain appropriate copies of important business records.
17. Suspension and termination
We may suspend or terminate services where:
An invoice remains unpaid after reasonable notice
The system is being used unlawfully or abusively
Continued service creates a material security or platform risk
The client materially breaches these Terms and does not remedy the breach within a reasonable period
A third-party provider prevents continued service
Continuing the engagement would breach the law
Where practical, we will provide notice and a reasonable opportunity to remedy the issue.
Either party may terminate a monthly service by providing 30 days’ written notice, subject to any specific agreement and the performance-guarantee provisions.
18. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Where a service does not meet a consumer guarantee, you may be entitled to a remedy provided by law.
19. Liability
To the extent permitted by law:
Neither party is liable for indirect or consequential loss that was not reasonably foreseeable.
SME AI Works is not liable for losses caused by inaccurate client information, unlawful instructions, unauthorised client changes, third-party outages or matters outside our reasonable control.
Each party must take reasonable steps to minimise avoidable loss.
Where liability can lawfully be limited, our aggregate liability arising from an engagement will not exceed the total fees paid to SME AI Works under that engagement during the six months preceding the event giving rise to the claim.
This limitation does not apply where liability cannot lawfully be limited, including applicable rights under the Australian Consumer Law.
20. Events outside reasonable control
Neither party is responsible for delay or failure caused by events outside its reasonable control, including natural disasters, widespread telecommunications failures, cyber incidents affecting third-party infrastructure, government action, industrial disruption or major platform outages.
The affected party must notify the other party and take reasonable steps to reduce the disruption.
21. Changes to these Terms
We may update these Terms to reflect changes to our services, providers, business practices or legal obligations.
Changes will be published on our website with an updated date. Material changes affecting an active paid service will be communicated before they take effect.
Changes will not retrospectively remove rights already accrued.
22. Governing law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the courts of Queensland and applicable Commonwealth courts, subject to any rights to bring a claim in another jurisdiction that cannot lawfully be excluded.
23. Contact
Questions about these Terms can be directed to:
SME AI Works
Operated by VB Communications Pty Ltd
Sunshine Coast, Queensland, Australia
Email: [email protected]
Telephone: 0468 063 700