This Service Agreement (“Agreement”) is entered into between:
DeltaVex trading as DeltaVex
ABN: 21 171 053 354
Email: [email protected]
Address: 62 Joshua Street, Goulburn NSW 2580
(“DeltaVex”, “Provider”, “we”, “us”, “our”)
AND
Client
(“Client”, “you”, “your”)
1. Commencement & Term
1.1 This Agreement commences on the earlier of:
(a) the date it is signed by both parties; or
(b) the date DeltaVex begins providing services (“Commencement Date”).
1.2 This Agreement continues on a rolling monthly subscription basis unless terminated in accordance with Clause 5.
2. Services Provided
2.1 Core Offer
DeltaVex installs and configures a complete Client and Lead Acquisition & Automation System (“DeltaVex Growth System”) designed to generate consistent, qualified bookings for service-based businesses — without the Client chasing leads, manually following up, or managing excessive administrative tasks — within thirty (30) days or less from onboarding, subject to Client cooperation and timely provision of required information.
2.2 Included Services
DeltaVex provides access to proprietary automation systems and associated services, including but not limited to:
Text and email conversations
Reputation management
Missed call text-back
Launchpad
Calendar management
Opportunities & sales pipeline
CRM funnels
Websites and landing pages
Workflows
Reporting documents and contracts
Triggers
Web chat
Google My Business (GMB) messaging & call tracking
Facebook & Messenger integration
Social planner
Text-to-pay functionality
Survey builder & form builder
Email marketing
Invoicing
Trigger links
SMS and email templates & campaigns
Blogs, quizzes, memberships, affiliates, and communities
QR codes & certificates
Digital advertising
Social media management
2.3 DeltaVex operates a white-label SaaS automation platform powered by GoHighLevel. The underlying infrastructure, hosting, and core software framework are provided by GoHighLevel.
2.4 Data processing, infrastructure standards, and platform security are subject to GoHighLevel’s own terms, privacy policies, and infrastructure controls.
2.5 Additional services must be agreed to in writing.
3. Platform Access & Administrative Authority
3.1 Authorised Access
The Client grants DeltaVex, and its authorised personnel, full administrative access to the Client’s platform account for the purpose of providing the services under this Agreement.
3.2 Purpose of Access
DeltaVex may access, configure, monitor, modify, optimise, and troubleshoot the platform to:
Implement and configure systems and automations
Ensure proper functioning of all features and workflows
Identify and resolve faults or errors
Optimise performance and feature use
Generate, verify, and validate reporting and analytics
Maintain overall system integrity and functionality
3.3 Client Cooperation
The Client agrees to provide all information, credentials, and permissions reasonably required for DeltaVex to perform these functions.
3.4 Limitations and Security
Access will be exercised solely by authorised DeltaVex personnel and strictly for the purposes outlined above. DeltaVex will maintain reasonable technical and organisational measures to protect the confidentiality, integrity, and security of the Client’s data.
3.5 Access Restrictions
The Client must not revoke or restrict administrative access necessary for service delivery. DeltaVex is not responsible for performance issues, reporting inaccuracies, or service deficiencies caused by restricted or removed access.
4. Fees & Payment
4.1 The Client agrees to subscribe to a customised DeltaVex service package as agreed in writing.
4.2 Services begin with a fourteen (14) day free trial from the Commencement Date.
4.3 Following the free trial, a thirty-one (31) day money-back guarantee applies. If cancellation occurs within 31 days after the trial, the Client is entitled to a full refund of the first month’s subscription fee.
4.4 Subscription fees are billed monthly in advance following the trial period.
4.5 Payments are securely processed via Stripe. The Client authorises recurring billing and must maintain valid payment details.
4.6 Late payments may result in suspension of services.
4.7 DeltaVex may adjust pricing with thirty (30) days’ written notice.
4.8 Usage-Based Communication Charges
SMS messages sent via automation or chatbot: $0.0166 per message
Calls received through the system: $0.017 per call received
Calls made through the system: $0.028 per call made
Usage charges are billed monthly in arrears and are non-refundable. Rates may be adjusted in accordance with third-party provider pricing changes upon written notice.
5. Cancellation
5.1 Either party may terminate this Agreement with thirty (30) days’ written notice.
5.2 Cancellation becomes effective after the 30-day notice period.
5.3 DeltaVex may immediately suspend or terminate services for:
Non-payment
Illegal or prohibited use
Breach of this Agreement
6. Data Ownership & Retention
6.1 The Client retains ownership of all data entered into the platform.
6.2 DeltaVex acts as a data processor; the Client remains the data controller.
6.3 Upon termination:
Platform access ceases immediately
Data is retained for sixty (60) days
After 60 days, data may be permanently deleted or archived
6.4 The Client is responsible for maintaining independent backups.
7. Third-Party Integrations & Sub-Processors
7.1 DeltaVex integrates with third-party services necessary for automation, analytics, communication, and advertising functions, including:
GoHighLevel (core CRM infrastructure)
Stripe (payment processing)
Google Analytics (analytics tracking)
Meta Platforms including Facebook, Instagram, Meta Ads, YouTube, LinkedIn, TikTok
Zoom
SMS gateway providers (including Twilio where applicable)
7.2 These providers may store or process data outside Australia.
7.3 DeltaVex is not responsible for downtime, outages, data incidents, or service interruptions caused by third-party providers.
8. Growth System Guarantee
8.1 If the DeltaVex Growth System is fully implemented and used as designed, and within sixty (60) days it does not produce a clear, measurable improvement in how the Client’s business captures, follows up, and converts enquiries into qualified leads, DeltaVex will continue working with the Client at no additional service fee until such measurable improvement is achieved.
8.2 “Fully implemented and used as designed” requires:
All recommended automations activated
Required integrations connected
Lead response processes followed
Advertising (if applicable) funded and approved
Timely cooperation and communication from the Client
8.3 This guarantee does not apply where performance is materially impacted by Client inaction, refusal to implement recommendations, external market conditions, or third-party platform restrictions.
9. SMS & Email Compliance
9.1 The Client is solely responsible for compliance with:
Privacy Act 1988 (Cth)
Australian Privacy Principles (APPs)
Spam Act 2003 (Cth)
Any applicable marketing or telecommunications regulations
9.2 The Client must ensure valid consent, opt-out functionality, and lawful messaging practices.
10. Intellectual Property
10.1 DeltaVex retains all intellectual property rights in:
Platform architecture
Automation frameworks
Templates
Branding and documentation
10.2 The Client receives a non-exclusive, non-transferable licence during the subscription term.
10.3 Reverse engineering, duplication, or unauthorised replication is prohibited.
11. Service Levels (SLA)
Support Hours: 5–8am & 4–8pm Monday–Friday and 8am–8pm Saturday–Sunday (AEST)
Response Time: 1–7 business hours
Included Support: 10 hours per month
Additional Support: $200 per hour (or agreed rate)
12. Downtime & Service Credit
If downtime attributable to DeltaVex exceeds 10 hours in a calendar month, the Client may request a 10% service credit. Service credits are the sole remedy for downtime.
13. Extra Work & Scope Variations
Work outside agreed scope must be quoted and approved in writing.
Standard rate: $200 per hour (unless otherwise agreed).
14. Prohibited Use
The Client must not use the platform for:
Spam or unsolicited marketing
Illegal activities
Adult services
CBD / illegal substances
Gambling
Pyramid schemes
Fraudulent, misleading, or unethical conduct
DeltaVex may terminate immediately for breach.
15. Limitation of Liability
15.1 DeltaVex does not guarantee specific business results, revenue increases, or lead volumes (except as expressly outlined in Clause 8).
15.2 DeltaVex is not liable for indirect, incidental, or consequential losses.
15.3 Total liability is limited to fees paid in the three (3) months prior to the claim.
15.4 DeltaVex is not liable for force majeure events, internet outages, or third-party failures.
16. Indemnity
The Client indemnifies DeltaVex against claims arising from:
Misuse of the platform
Breach of marketing or privacy laws
Third-party claims related to the Client’s services
17. Confidentiality
Both parties agree to maintain strict confidentiality of all business, client, and technical information. Obligations survive termination for two (2) years.
18. Governing Law
This Agreement is governed by the laws of New South Wales, Australia.
Parties agree to attempt mediation prior to litigation.
Jurisdiction: Courts of New South Wales.
19. Entire Agreement
This Agreement, together with DeltaVex’s Terms & Conditions and Privacy Policy, constitutes the entire agreement between the parties. Amendments must be in writing and signed by both parties.