Terms & Conditions
Company Name: DeltaVex (“DeltaVex”, “we”, “us”, “our”)
ABN: 21 171 053 354
Website: www.deltavex.com.au
Email: [email protected]
Address: 62 Joshua Street, NSW 2580, Australia
1. Acceptance of Terms
By engaging DeltaVex services, accessing our website, or using our software platform, you (“Client”, “you”) agree to be bound by these Terms & Conditions.
If you do not agree, you must not use the Services.
2. Services
DeltaVex provides SaaS-based automation systems, CRM systems, workflow systems, marketing pipelines, client retention systems, lead nurture campaigns, website systems, booking systems and related digital growth services (“Services”).
The specific scope of Services is defined in the applicable Service Agreement, Proposal or Order Form.
DeltaVex provides white-labelled software powered by GoHighLevel. The underlying infrastructure and platform environment are provided by GoHighLevel and are subject to their applicable terms and policies.
3. Free Trial
DeltaVex provides a 14-day free trial.
The trial includes access to platform features and support.
No setup fee applies.
The trial commences on the date the Client account is activated.
If the Client does not cancel before the end of the trial period, the subscription will automatically convert to a paid monthly subscription.
4. 31-Day Money-Back Guarantee
DeltaVex offers a 31-day money-back guarantee from the date the paid subscription commences.
If the Client cancels within 31 days of the paid commencement date:
100% of the first month’s subscription fee will be refunded.
After 31 days, subscription fees are non-refundable.
Cancellation does not waive any outstanding fees incurred prior to cancellation.
5. Fees & Payment
5.1 Subscription Fees
Subscription fees are set out in the applicable Service Agreement or Order Form.
All fees are billed monthly in advance unless otherwise agreed in writing.
5.2 GST
All fees are exclusive of GST unless stated otherwise.
5.3 Payment Processing
Payments are processed via Stripe.
Clients must maintain valid and current payment details.
DeltaVex may suspend Services for non-payment.
5.4 Fee Changes
DeltaVex may adjust subscription fees with 30 days’ written notice.
6. Client Responsibilities
The Client agrees to:
Provide accurate and complete business information
Maintain required business registrations and licences
Comply with all applicable laws (including privacy, spam and advertising laws)
Obtain lawful consent for SMS and email communications
Use the Services for lawful business purposes only
The Client remains responsible for compliance within their industry.
7. Third-Party Platforms
DeltaVex integrates with and/or relies on third-party platforms including:
GoHighLevel
Stripe
Google Analytics
Meta (including Facebook and Instagram)
Meta Ads
YouTube
TikTok
Zoom
DeltaVex is not liable for downtime, outages, API changes, policy updates or failures caused by third-party providers.
Use of third-party services may be subject to those providers’ own terms and policies.
8. Service Performance & No Guarantees
DeltaVex will provide Services with reasonable skill and care.
However, DeltaVex does not guarantee:
Revenue increases
Lead volume
Conversion rates
Advertising performance
Business growth outcomes
Results depend on factors beyond DeltaVex’s control.
9. Support
Standard support is included subject to fair use.
Support hours:
Monday–Friday: 5:00am–8:00pm
Saturday–Sunday: 8:00am–8:00pm
Response times are typically within 1–7 business hours.
Additional support or out-of-scope work may be billed separately.
10. Intellectual Property
DeltaVex retains all intellectual property rights in:
Software
Systems
Automations
Workflows
Frameworks
Processes
Clients receive a limited, non-exclusive, non-transferable licence to use the Services for internal business purposes only.
Clients retain ownership of their pre-existing branding and materials.
11. Confidentiality & Data Protection
Both parties agree to keep confidential information secure.
DeltaVex complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
11.1 Data Responsibility
Clients remain the data controller of their customer data.
DeltaVex acts as a data processor when handling client data.
11.2 Automated Communications
DeltaVex may send SMS and email communications on behalf of Clients for confirmations, reminders, follow-ups and workflow automation.
DeltaVex will not market directly to Clients’ customers.
11.3 AI Usage
DeltaVex does not use client data to train AI models.
12. Data Retention & Deletion
If contacts are deleted, associated:
Conversations
Notes
Opportunities
Tasks
Appointments
Manual actions
Campaign and workflow activity
may also be removed.
Deleted contacts may be recoverable within two (2) months, subject to system limitations and written client approval.
13. Extra Work & Scope Variations
Work outside the agreed scope is considered additional work.
Additional work must be approved in writing before commencement and will be billed at the agreed rate.
14. Prohibited Use
Clients must not use the platform for:
Spam or unsolicited marketing
Illegal activities
Adult or escort services
Illegal drugs
Gambling operations
Pyramid or unlawful schemes
Any unlawful or unethical activity
DeltaVex may suspend or terminate Services immediately for violations.
15. Termination
15.1 Termination by Notice
Either party may terminate with 30 days’ written notice.
15.2 Immediate Termination
DeltaVex may terminate immediately if:
The Client breaches these Terms
Payment is overdue
The Client engages in unlawful conduct
All outstanding fees remain payable upon termination.
16. Limitation of Liability
To the maximum extent permitted by law, DeltaVex is not liable for:
Loss of profits
Loss of revenue
Loss of business opportunity
Indirect or consequential loss
DeltaVex’s total aggregate liability is limited to the fees paid by the Client in the three (3) months preceding the claim.
Nothing in these Terms excludes rights that cannot be excluded under Australian Consumer Law.
17. Indemnity
The Client indemnifies DeltaVex against claims arising from:
Misuse of Services
Breach of these Terms
Breach of law
Infringement of third-party rights
18. Non-Solicitation
The Client must not solicit or engage any DeltaVex employee or contractor for 12 months following termination.
Breach of this clause results in damages equal to six (6) months of contractor fees or $15,000, whichever is greater.
19. Downtime & Service Credits
If platform downtime exceeds 15 hours in a calendar month (excluding scheduled maintenance or third-party outages), the Client may request a service credit equal to 10% of that month’s subscription fee.
Service credits are the sole remedy for downtime.
20. Dispute Resolution
If a dispute arises:
Attempt resolution in writing.
Escalate to senior management.
If unresolved, proceed to mediation in NSW.
Litigation is a last resort.
21. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The courts of New South Wales have exclusive jurisdiction.
22. Changes to Terms
DeltaVex may update these Terms from time to time.
Material changes will be notified. Continued use of Services constitutes acceptance of the updated Terms.
23. Contact
DeltaVex
Email: [email protected]
Address: 62 Joshua Street, NSW 2580, Australia