Amplify Automation

1. Introduction

These Terms and Conditions ("Agreement") constitute a legally binding contract between Amplify Automation ("we", "us", "our", or "Amplify Automation") and you, the client ("you", "your", or "Client"), regarding the provision of Voice AI and automation services.

By engaging our services, signing a proposal, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not engage our services.

These terms apply to all services provided by Amplify Automation, including but not limited to Voice AI implementations, workflow automation, and related consulting services.

2. Definitions

"Services" means the Voice AI solutions, automation services, consulting, implementation, and any other services provided by Amplify Automation as outlined in any proposal or service agreement.

"Deliverables" means all work product, configurations, workflows, integrations, documentation, and other materials created or provided by Amplify Automation in connection with the Services.

"Project" means a specific scope of work as defined in a proposal or statement of work accepted by the Client.

"Third-Party Services" means external platforms, APIs, and services used in conjunction with our Services, including but not limited to Retell AI, N8N, Airtable, and other integrated platforms.

"Retainer" means an ongoing monthly service arrangement for maintenance, support, or continued development.

3. Scope of Services

3.1 Service Description

Amplify Automation provides Voice AI and automation solutions designed to help businesses improve efficiency and reduce operational costs. Our services include:

✓Inbound Voice AI Receptionist solutions for 24/7 call handling
✓Outbound Voice AI for lead follow-up and appointment reminders
✓Workflow automation and business process optimisation
✓Integration with existing business systems and CRMs
✓Ongoing maintenance, support, and optimisation services
✓Training and documentation for Voice AI systems

3.2 Proposal and Statement of Work

The specific scope, deliverables, timeline, and pricing for each Project will be detailed in a written proposal or statement of work. This proposal, once accepted by both parties, forms part of this Agreement.

3.3 Variations to Scope

Any changes to the agreed scope of work must be requested in writing and will be subject to a change request process. Additional work outside the original scope may incur additional fees, which will be communicated and agreed upon before work commences.

4. Payment Terms

4.1 Project Payments

For project-based work, the following payment structure applies:

Deposit: Fifty percent (50%) of the total project fee is due upon acceptance of the proposal. This deposit is required before any work commences.

Final Payment: The remaining fifty percent (50%) is due upon project completion and delivery of all agreed deliverables.

4.2 Ongoing Retainer Services

Where an ongoing monthly retainer is agreed upon for maintenance, support, or continued development:

✓Retainer terms, scope, and fees will be documented and agreed to by both parties in writing before commencement.
✓Retainer fees are invoiced monthly in advance and due within 7 days of invoice date.
✓Retainer arrangements may be varied or terminated by either party with 30 days written notice.

4.3 Currency and Payment Methods

All prices will be quoted in the currency specified in the proposal or invoice. Payments may be made via bank transfer, credit card, or other methods as agreed. The Client is responsible for any currency conversion fees or international transfer charges.

4.4 Late Payments

Invoices not paid within 14 days of the due date may incur a late payment fee of 2% per month on the outstanding amount. Amplify Automation reserves the right to suspend services until outstanding payments are received.

4.5 Refunds

The initial deposit is non-refundable once work has commenced. In the event of project cancellation by the Client after work has begun, any work completed will be invoiced at our standard hourly rate.

5. Client Obligations

To enable Amplify Automation to provide the Services effectively, the Client agrees to:

✓Provide accurate, complete, and timely information, content, and materials as reasonably required.
✓Designate a primary point of contact with authority to make decisions and provide approvals.
✓Respond to requests for information or approval within a reasonable timeframe (typically 5 business days).
✓Provide necessary access to systems, platforms, and third-party services as required for implementation.
✓Ensure compliance with all applicable laws and regulations in the Client's jurisdiction regarding the use of Voice AI services, including telecommunications regulations.
✓Inform callers when they are speaking with an AI agent where required by law or best practice in the Client's jurisdiction.
✓Maintain valid subscriptions and accounts for any third-party services required for the solution.

6. Amplify Automation Obligations

Amplify Automation agrees to:

✓Perform all Services professionally, diligently, and in accordance with industry best practices.
✓Provide regular progress updates and maintain open communication throughout the project.
✓Deliver work within agreed timeframes, subject to timely receipt of required information from the Client.
✓Provide reasonable training and documentation to enable the Client to use the delivered solution.
✓Maintain confidentiality of all Client information in accordance with Section 8 of this Agreement.
✓Notify the Client promptly of any issues that may affect project timelines or deliverables.

7. Intellectual Property

7.1 Client Materials

The Client retains all ownership rights to materials, data, content, and intellectual property provided to Amplify Automation for use in the Services.

7.2 Deliverables

Upon full payment, the Client is granted a perpetual, non-exclusive licence to use the custom Deliverables created specifically for their project. This includes configurations, workflows, and customisations built for the Client.

7.3 Pre-Existing Materials

Amplify Automation retains ownership of all pre-existing intellectual property, tools, frameworks, methodologies, and generic components used in the provision of Services. The Client is granted a licence to use these materials solely as part of their delivered solution.

7.4 Third-Party Intellectual Property

The Services may incorporate third-party software, APIs, and platforms. Use of these components is subject to the respective third-party terms and conditions. The Client is responsible for maintaining compliance with these third-party terms.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This includes business information, customer data, technical configurations, pricing, and any information marked as confidential.

Confidential information shall not be disclosed to third parties without prior written consent, except where required by law or to trusted subcontractors bound by equivalent confidentiality obligations.

This confidentiality obligation survives the termination of this Agreement for a period of two (2) years.

9. Data Protection and Privacy

9.1 Compliance

Amplify Automation will handle all personal information in accordance with applicable data protection laws. The Client is responsible for ensuring compliance with data protection regulations in their own jurisdiction, including but not limited to GDPR, CCPA, or other applicable privacy laws.

9.2 Voice AI Data

Voice AI services may involve the processing and storage of voice recordings and transcripts. The Client acknowledges that:

✓Call recordings may be stored by third-party Voice AI providers in accordance with their terms of service.
✓The Client is responsible for informing callers of any recording and obtaining consent where required by applicable law.
✓Data retention periods are subject to the policies of the relevant third-party platforms.

9.3 Data Security

Amplify Automation implements reasonable security measures to protect Client data. However, the Client acknowledges that no system is completely secure, and Amplify Automation cannot guarantee absolute security of data transmitted or stored electronically.

10. Third-Party Services

Our Services rely on various third-party platforms and services including, but not limited to, Retell AI, N8N, Airtable, Twilio, and various CRM integrations. The Client acknowledges and agrees that:

✓Use of third-party services is subject to those providers' terms of service, which the Client must accept independently.
✓Amplify Automation is not responsible for changes, outages, or discontinuation of third-party services.
✓Third-party service fees are separate from and in addition to Amplify Automation's fees.
✓The Client is responsible for maintaining active accounts and subscriptions with required third-party services.
✓Amplify Automation will provide guidance on third-party service selection but cannot guarantee the continued availability or pricing of these services.

11. Service Availability

While Voice AI solutions are designed for 24/7 operation, Amplify Automation does not guarantee uninterrupted service. Service availability depends on third-party platform uptime, internet connectivity, and other factors beyond our control.

For clients on retainer agreements, Amplify Automation will make reasonable efforts to address service issues within the support hours and response times specified in the retainer agreement.

12. Limitation of Liability

12.1 Exclusion of Warranties

To the maximum extent permitted by applicable law, Amplify Automation provides Services on an "as is" basis and makes no warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

12.2 Limitation

To the maximum extent permitted by applicable law, Amplify Automation's total liability for any claim arising from or relating to these Terms or the Services shall not exceed the total fees paid by the Client in the twelve (12) months preceding the claim.

12.3 Exclusions

Amplify Automation shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, even if advised of the possibility of such damages.

12.4 AI-Specific Limitations

The Client acknowledges that AI systems may occasionally produce unexpected responses or errors. Amplify Automation is not liable for any damages arising from AI-generated responses that are inaccurate, inappropriate, or cause harm, provided reasonable care was taken in the system's design and implementation.

13. Indemnification

The Client agrees to indemnify, defend, and hold harmless Amplify Automation, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

✓The Client's use of the Services in violation of these Terms.
✓The Client's breach of any applicable laws or regulations in their jurisdiction.
✓Any claims by third parties arising from the Client's use of the Voice AI services.
✓Content or materials provided by the Client that infringe third-party rights.

14. Termination

14.1 Termination for Convenience

Either party may terminate a retainer arrangement with 30 days written notice. Project-based work may only be terminated for convenience by mutual agreement.

14.2 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days of receiving written notice.

14.3 Effect of Termination

Upon termination, the Client shall pay for all Services rendered up to the termination date. Amplify Automation will provide reasonable assistance in transitioning services, subject to payment of any outstanding fees.

15. Modifications to Terms

Amplify Automation reserves the right to modify these Terms at any time. Updated Terms will be posted on our website. Continued use of Services after modifications constitutes acceptance of the updated Terms. Material changes will be communicated to active clients via email.

16. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If negotiation fails, the parties agree to participate in mediation before pursuing legal action. The location and method of mediation shall be mutually agreed upon by both parties.

17. Governing Law

Unless otherwise agreed in writing, this Agreement shall be governed by and construed in accordance with the laws applicable in the Client's jurisdiction. Both parties agree to submit to the non-exclusive jurisdiction of courts in a mutually agreed location for any legal proceedings arising from this Agreement.

18. Entire Agreement

This Agreement, together with any accepted proposals or statements of work, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to the Services.

19. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Contact Information

For questions about these Terms and Conditions, please contact us:

Amplify AutomationBrisbane, Queensland, AustraliaEmail: hello@amplifyautomation.aiDiscovery Call: Book a free 30-minute consultation

Acknowledgment

By engaging Amplify Automation's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.