Terms of Service

These Terms of Service (Terms) are an agreement between Leadhand Pty Ltd (ABN 37 699 652 072) (Leadhand, we, us or our) and the business or person that opens an account or uses the service (you or the customer). By creating an account or using Leadhand, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business.

The service

Leadhand is cloud-based job-management software for trade businesses, covering scheduling, quotes, invoicing, forms, a field app and related features. We may add, change or remove features over time. We will not make a change that materially reduces the core service you are paying for without giving you reasonable notice.

Your account

You are responsible for your account, for keeping login details secure, and for everything done under your account by your team. Tell us promptly if you think there has been unauthorised access. You must give accurate account and billing information and keep it up to date.

Subscriptions, billing and auto-renewal

• Paid plans are billed in advance on a recurring basis (monthly, or annually where an annual plan is offered). Prices are in Australian dollars and, where shown to you as a consumer, include GST.
• Your subscription renews automatically at the end of each billing period at the then-current price, until you cancel. By subscribing, you authorise us (through our payment provider, Stripe) to charge your payment method for each period.
• We may change our prices. We will give you at least 30 days notice of a material change to pricing before it applies to you, and the new price takes effect from your next billing period. If a change materially disadvantages you, you may cancel before it takes effect and we will refund any prepaid, unused portion on a pro-rata basis.
• If a payment fails, we may retry it and may suspend or limit your account until payment is made. Cancellation and refunds are covered in our Refund and Cancellation Policy.
• Prices are in AUD and include GST unless stated otherwise. Tax invoices are available in your account or on request. Please raise any billing dispute within a reasonable time; this does not limit your rights under the Australian Consumer Law.

Free and early-access plans

We may offer free, trial or early-access plans. These are provided as is, may have limits, and may change or end on reasonable notice. Nothing in this section limits your rights under the Australian Consumer Law.

Acceptable use

Your use of Leadhand must comply with our Acceptable Use Policy, which forms part of these Terms. In short, do not use the service unlawfully, do not abuse or attempt to break it, and only upload data you have the right to upload.

Intellectual property

We own the Leadhand software, platform, brand and all related intellectual property. We grant you a non-exclusive, non-transferable right to use the service while your account is active and these Terms are in force. You must not copy, resell, reverse engineer or create a competing product from the service, except to the extent the law does not allow us to restrict that.

Your data

You own the data you and your team put into Leadhand, including the information you record about your own clients. We do not claim ownership of it. You grant us the limited right to host, process, back up and display that data so we can provide the service to you, and to do so through the service providers listed on our Security page.

You are responsible for the data you upload and for having the right and any consent needed to record information about your clients. We handle personal information in line with our Privacy Policy.

Termination and data export

• You can cancel at any time from your account or by contacting us. Your paid access continues until the end of the period you have already paid for, as set out in the Refund and Cancellation Policy.
• We may suspend or terminate your account if you seriously or repeatedly breach these Terms, if required by law, or if your payment is overdue. Where it is reasonable to do so, we will give you notice and a chance to fix the problem first.
• You can export your data while your account is active. After cancellation, we will keep your data available for export for at least 30 days (or at least 14 days if we terminate your account for serious breach), in standard machine-readable formats, unless we are legally required to delete it sooner or keeping access would create a security risk. We will tell you the export window and the scheduled deletion date. We recommend you export anything you need before you cancel.

Availability and support

We aim for high availability and to keep unplanned downtime rare. This is a target we work hard to meet, not a contractual guarantee: we do not promise the service will be uninterrupted or error-free. We may need to take the service down for maintenance, and we will try to give notice and keep disruption to a minimum.

If something is not working, email us at support@leadhand.com.au. We aim to reply to support requests within one Australian business day, and faster for anything that is stopping you working.

Third-party services

Leadhand may connect to third-party services (for example, payment or accounting providers). Those services are governed by their own terms, and we are not responsible for them. Your use of a connected service is between you and that provider.

Australian Consumer Law and our guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under the ACL or any other law that cannot lawfully be excluded. If there is any inconsistency between these Terms and those non-excludable rights, those rights prevail.

Liability

This clause is subject to the Australian Consumer Law section above and does not limit any rights or guarantees that cannot be excluded.

Where we are entitled to limit our liability under the ACL for a failure to meet a consumer guarantee (and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption), our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

Subject to the above, and to the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data, goodwill or anticipated savings; and
• our total liability to you for all claims connected with the service in any 12-month period is limited to the amount you paid us for the service in that period.

The exclusions and the 12-month cap above do not apply to liability that cannot be excluded under law, or to liability for fraud, wilful misconduct, gross negligence, breach of confidentiality, breach of our privacy or security obligations, misuse of your data, or infringement of intellectual property rights.

You are responsible for keeping your own backups of important data. We are not liable for loss to the extent it was caused by your breach of these Terms or your failure to keep reasonable backups.

Indemnity

You agree to indemnify us against claims, losses and costs we reasonably incur arising from your breach of these Terms or our Acceptable Use Policy, or from data you upload that you did not have the right to upload. You are not responsible to the extent the activity or loss was caused by our breach of these Terms, our negligence, or a security failure in the service that you did not cause. Nothing in this clause affects your non-excludable rights under the ACL.

Changes to these Terms

We may update these Terms from time to time. We will give you at least 30 days notice by email or in the app of a material change to pricing or core service terms before it takes effect. If a change materially disadvantages you, you may cancel before it takes effect and we will refund any prepaid, unused portion on a pro-rata basis. Changes do not apply retrospectively to rights or claims that have already accrued. If you keep using Leadhand after a change takes effect, you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

Governing law

These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts that can hear appeals from them.

Contact us

Questions about these Terms? Email us at hello@leadhand.com.au.

Leadhand Pty Ltd
ABN 37 699 652 072 · ACN 699 652 072
Queensland, Australia