Terms of Service

1. Definitions

• "Conversr," "we," "us," "our" refers to Conversr Pty Ltd, ABN [to be added]
• "Client," "you," "your" refers to the charity, nonprofit, or organization using our services
• "Services" refers to Conversr's SMS stewardship, conversational fundraising, and related services
• "Supporters" refers to your donors, fundraisers, volunteers, and other constituents
• "Platform" refers to Conversr's technology infrastructure and software

2. Service Description

Conversr provides SMS-based conversational fundraising services including:

• Peer-to-peer event stewardship (7-touchpoint journeys)
• Regular Giving stewardship and retention programs
• Appeals support (priming, asking, thanking)
• Gift in Wills prospect identification
• Telemarketing support (pre-warming and follow-up)
• Declined payment recovery
• Analytics, reporting, and loyalty scoring

Services are provided on a subscription or campaign basis as outlined in your service agreement.

3. Client Responsibilities

Data Provision and Quality

• Provide accurate, up-to-date supporter data in required formats
• Ensure all supporters have provided appropriate consent for SMS communication
• Maintain compliance with applicable fundraising regulations
• Notify Conversr of any opt-outs or data corrections promptly

Content and Messaging

• Review and approve all message content before campaigns launch
• Ensure messaging aligns with your brand guidelines and values
• Provide necessary assets (logos, impact stories, videos) in timely manner
• Respond to escalated supporter inquiries forwarded by Conversr

Compliance

• Comply with Australian Consumer Law, Spam Act 2003, and Privacy Act 1988
• Maintain appropriate fundraising licenses and registrations
• Honor all supporter opt-out requests immediately
• Use supporter data only for agreed purposes

4. Conversr Responsibilities

• Deliver SMS messages according to agreed schedules and segments
• Manage two-way supporter conversations with empathy and professionalism
• Process opt-out requests within 24 hours
• Provide analytics and reporting as specified in service agreement
• Maintain platform security and data protection (see Security Policy)
• Comply with applicable privacy laws (see Privacy Policy)

5. Fees and Payment

• Subscription Fees: Charged monthly or annually as outlined in your service agreement
• Message Fees: Based on volume of SMS sent; billed monthly in arrears
• Setup Fees: One-time fees for campaign design, journey mapping, and configuration
• Payment Terms: Net 14 days unless otherwise agreed
• Late Payment: Interest may be charged on overdue amounts at 2% per month
• Tax: All fees are exclusive of GST unless stated otherwise

Detailed pricing is provided in your service agreement. Fees are subject to annual review and adjustment with 60 days' notice.

6. Data Ownership and Usage

Client Data

You retain all rights to your supporter data. Conversr processes this data solely as your service provider and data processor. Upon termination, we will return or delete your data as requested (subject to legal retention requirements).

Conversr Data and Insights

Conversr retains rights to aggregated, anonymized data and insights derived from platform usage. This includes:

• Engagement benchmarks and industry trends
• Behavioral psychology insights and best practices
• Platform performance metrics and optimization learnings

Anonymized data may be used for research, product development, and industry reporting. No client-specific or personally identifiable data is shared publicly without explicit consent.

7. Intellectual Property

• Conversr Platform, software, methodologies, and program blueprints remain Conversr's intellectual property
• You retain ownership of your content, branding, and supporter data
• Message templates co-created during campaigns may be reused by Conversr for other clients (with modifications to remove client-specific elements)
• Case study usage requires written permission from both parties

8. Confidentiality

Both parties agree to:

• Keep confidential information disclosed during the partnership strictly confidential
• Use confidential information only for the purposes of delivering/receiving services
• Protect confidential information with the same care used for own confidential information
• Return or destroy confidential information upon termination

Confidential information does not include publicly available information or information independently developed.

9. Service Level and Uptime

• Target Uptime: 99.5% platform availability (excluding scheduled maintenance)
• Scheduled Maintenance: Announced at least 48 hours in advance
• Support Hours: Business hours (AEST/AEDT) Monday-Friday, 9am-5pm
• Emergency Support: Available for critical issues impacting active campaigns
• Message Delivery: Best-effort delivery through Australian SMS carriers; delays may occur due to carrier issues outside our control

Detailed SLA terms are provided in your service agreement.

10. Limitation of Liability

Nothing in these terms excludes liability that cannot be excluded under Australian consumer law.

11. Indemnification

You agree to indemnify and hold Conversr harmless from any claims, damages, or expenses arising from:

• Your breach of these terms or applicable laws
• Your supporter data, content, or messaging
• Lack of appropriate consent for SMS communication
• Third-party claims related to your use of services

12. Term and Termination

Term

Service agreements typically run for a minimum initial term (e.g., 12 months) and auto-renew unless terminated with 60 days' written notice.

Termination for Cause

Either party may terminate immediately if:

• The other party breaches these terms and fails to cure within 30 days
• The other party becomes insolvent or enters administration
• Continuing the agreement would violate applicable law

Effect of Termination

• All outstanding fees become immediately due
• Access to platform will be terminated
• Client data will be returned or deleted as requested
• Confidentiality and data protection obligations survive termination

13. Changes to Terms

Conversr may update these Terms of Service from time to time. Material changes will be notified to clients via email at least 30 days before taking effect. Continued use of services after changes constitute acceptance of updated terms.

14. Governing Law and Disputes

• Governing Law: These terms are governed by the laws of New South Wales, Australia
• Jurisdiction: Courts of New South Wales have exclusive jurisdiction
• Dispute Resolution: Parties agree to attempt good-faith negotiation before initiating legal proceedings
• Mediation: If negotiation fails, parties agree to mediation before litigation

15. General Provisions

• Entire Agreement: These terms, together with your service agreement, constitute the entire agreement
• Severability: If any provision is found unenforceable, remaining provisions continue in effect
• Waiver: Failure to enforce any provision does not waive the right to enforce it later
• Assignment: You may not assign these terms without Conversr's written consent
• Force Majeure: Neither party is liable for delays caused by events beyond reasonable control

16. Contact