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Terms & Conditions

Effective Date: 17 July 2026

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These Terms and Conditions ("Terms") govern your access to and use of the website, AI chat assistants, AI voice agents, and lead re-engagement, appointment-setting, and enquiry-management services (the "Services") provided by Direct Marketing Solutions Group Pty Ltd ("DMSG", "we", "us", "our").

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By accessing our website, engaging our Services, or instructing us to contact leads or enquiries on your behalf, you ("you", "Client") agree to be bound by these Terms. If you do not agree, you must not use the Services.

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Description of Services

DMSG provides AI-assisted outreach services, which may include:

  • Re-engaging a Client's existing, previously-collected leads via SMS and other channels, to revive stalled or neglected sales opportunities;

  • Following up on a Client's recent enquiries that the Client's own sales team has not yet converted;

  • Managing and responding to a Client's new, incoming enquiries;

  • Scheduling, confirming, and managing appointments arising from the above;

  • Related AI voice agent and AI chat services, where applicable to a Client's engagement.

The specific scope of Services provided to a Client is as agreed in the applicable order form, proposal, or service agreement between DMSG and the Client. Not all Clients will use all Services described above.

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2. Client Warranties Regarding Lead Data

This section is central to how our Services operate and applies to every Client who provides contact data to DMSG for outreach purposes.

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By providing DMSG with contact details of leads, prospects, enquiries, or customers ("Contact Data") for the purpose of outreach under these Terms, the Client represents and warrants that:

  1. the Client collected the Contact Data lawfully and in accordance with all applicable privacy and telecommunications laws, including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), and, where telemarketing calls are involved, the Do Not Call Register Act 2006 (Cth), and any equivalent laws applicable to the jurisdiction of the individuals contacted;

  2. the Client had, at the time of collection, and continues to have, express consent or inferred consent (within the meaning of the Spam Act 2003 (Cth)) to contact those individuals, and to permit contact by a third-party provider such as DMSG acting on the Client's behalf. Inferred consent may only be relied upon where there is a genuine, ongoing relationship between the Client and the individual and the subject matter of the message is directly related to that relationship, and will not be relied upon on the basis of a single past transaction alone;

  3. the Client has not been asked by any individual within the Contact Data to cease contact, or has disclosed to DMSG any such requests known to the Client at the time the Contact Data is provided;

  4. the Contact Data was not purchased, scraped, or acquired from a data broker or other third party without a lawful basis for ongoing contact; and

  5. the Client will promptly notify DMSG of any individual who withdraws consent, opts out, or objects to being contacted, so that DMSG can suppress that individual from future outreach.

 

The Client indemnifies DMSG against any claim, complaint, regulatory action, fine, or loss arising from a breach of the warranties in this section, including claims arising from Contact Data that was provided to DMSG without adequate consent or lawful basis.

DMSG relies on these warranties in good faith and does not independently verify the provenance or consent status of Contact Data provided by a Client, except where DMSG becomes aware of information suggesting the warranties may be inaccurate, in which case DMSG may suspend outreach relating to that Contact Data pending clarification.

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SMS and Voice Communications

Outreach conducted under these Terms is subject to our [Privacy Policy], which describes how opt-out (STOP) requests are handled, how message consent is obtained, and how call recording operates. By engaging our Services, the Client acknowledges and agrees that:

  • messages sent to the Client's Contact Data will identify the Client as the business on whose behalf contact is being made, and, where a branded sender ID is used, that sender ID will be registered in accordance with the ACMA SMS Sender ID Register requirements applying from 1 July 2026;

  • opt-out requests (including "STOP" replies) will be honoured and the relevant individual suppressed from further marketing contact by DMSG on behalf of that Client;

  • transactional or service-related messages (such as appointment confirmations) may continue where necessary to deliver a service the individual has actively engaged with, consistent with our Privacy Policy;

  • call recording and transcription may be used as described in our Privacy Policy, and the Client consents to this where the Client's own personnel participate in recorded calls.

 

Use of Artificial Intelligence

Our Services use AI to draft, personalise, and in some cases send communications, qualify leads, and schedule appointments. AI-generated content is subject to human review processes for quality assurance, but the Client acknowledges that:

  • AI-generated communications may occasionally contain errors, inaccuracies, or unintended phrasing, despite reasonable quality controls;

  • DMSG will act promptly to correct any identified errors in AI-generated outreach, but does not guarantee that AI-generated content will be error-free;

  • the Client remains responsible for reviewing and approving message templates, scripts, or campaign parameters provided to DMSG before outreach begins, where such review is offered as part of the Services.

 

No Guarantee of Results

DMSG will provide the Services using reasonable skill and care. However, DMSG does not guarantee any specific number of re-engaged leads, appointments booked, conversions, or sales outcomes. Results depend on factors outside DMSG's control, including the quality and age of the Contact Data provided, market conditions, and the Client's own sales follow-through.

 

Fees and Payment

Fees for the Services are as set out in the applicable order form, proposal, or service agreement. Unless otherwise agreed in writing:

  • fees are payable in accordance with the payment terms specified at the time of engagement;

  • late payments may incur interest or suspension of Services, as specified in the applicable agreement;

  • all fees are exclusive of GST unless otherwise stated, and GST will be added where applicable.

 

Intellectual Property

All website content, AI system configurations, templates, scripts, methodologies, and materials developed by DMSG remain the property of DMSG or its licensors, unless otherwise agreed in writing. Nothing in these Terms transfers ownership of DMSG's underlying technology, AI systems, or proprietary processes to the Client. The Client retains ownership of its own Contact Data and business information.

 

Confidentiality

Each party agrees to keep confidential any non-public business, technical, or customer information disclosed by the other party in connection with the Services, and to use such information only for the purposes of the engagement, except where disclosure is required by law.

 

Limitation of Liability

To the maximum extent permitted by law:

  • DMSG's total liability arising out of or in connection with the Services, whether in contract, tort, or otherwise, is limited to the fees paid by the Client to DMSG in the three (3) months preceding the event giving rise to the claim;

  • DMSG is not liable for indirect, consequential, or special losses, including loss of profits, loss of business opportunity, or reputational harm;

  • nothing in these Terms excludes any liability, guarantee, or consumer right that cannot be lawfully excluded, including under the Australian Consumer Law.

 

Termination

Either party may terminate the Services in accordance with the notice period specified in the applicable service agreement. DMSG may suspend or terminate Services immediately where the Client breaches the warranties in Section 2, fails to pay fees when due, or where continued outreach would expose DMSG to legal or regulatory risk.

On termination, DMSG will cease outreach using the Client's Contact Data and will delete or return the Contact Data in accordance with DMSG's data retention practices, except where retention is required by law.

 

Website Use

If you use our website without engaging our Services (for example, browsing or using our AI chat assistant to make an enquiry), you agree to use the website only for lawful purposes and not to misuse, interfere with, or attempt to gain unauthorised access to the website or its underlying systems.

 

Changes to These Terms

We may update these Terms from time to time. The current version will always be available on our website. Continued use of the website or Services after any changes constitutes acceptance of the updated Terms. Material changes affecting an active Client engagement will be communicated directly to the Client.

 

Governing Law

These Terms are governed by the laws of Western Australia, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

 

Contact Us

Direct Marketing Solutions Group Pty Ltd

Email: privacy@dmsg.com.au

Website: www.dmsg.com.au

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