1. About these terms
These Terms and Conditions (“Terms”) govern the relationship between MMK Scales (ABN: 71 496 954 881) and any individual or business (“Client”, “you”) that engages our services.
By signing an agreement, paying an invoice, or otherwise engaging our services, you agree to be bound by these Terms. If you do not agree, do not engage our services.
These Terms are governed by the laws of New South Wales, Australia.
2. Our services
MMK Scales provides the following services, as specified in your service agreement or invoice:
- AI Receptionist: a custom AI-powered telephone receptionist trained on your business, capable of answering calls, qualifying leads, and booking appointments 24/7
- Automated Booking System: integration with your calendar to accept bookings automatically
- Google Review Engine: an automated system that requests a Google review from every customer after service and also invites direct feedback
- AI Chat Integration: an AI chat widget for your website that handles enquiries and booking requests
- Website Build (where applicable): a professionally built business website included as part of a qualifying package
- Business Phone Line: where required, a business phone number provisioned and managed by MMK Scales. If you cancel, you may request that the number be ported to you or your new provider, and we will assist with that process
- Monthly Reporting: performance reports delivered monthly covering call volume, bookings, and review activity
The specific services included in your engagement are detailed in your invoice or service agreement. MMK Scales reserves the right to modify, improve, or update the services provided, with notice to the Client where material changes occur.
3. Fees and payment
Setup fee
A one-time setup fee is charged at the commencement of engagement. The setup fee covers the intelligence brief, system build, training, testing, and go-live configuration. The setup fee is due prior to or upon commencement of the setup process.
Monthly retainer
An ongoing monthly retainer fee covers continued access to and operation of your AI receptionist and associated services. The first monthly payment is due on or before the go-live date. Subsequent payments are due on the same date each month.
Payment terms
- All invoices are due within 7 days of the invoice date unless otherwise agreed in writing
- Payments may be made by bank transfer or through our online payment system
- Services may be delayed or suspended if payment remains outstanding for more than 14 days
- All prices are in Australian Dollars (AUD)
Price changes
MMK Scales reserves the right to update retainer pricing with 30 days’ written notice to the Client. Clients may cancel within that notice period without penalty if they do not accept the new pricing.
Monthly retainer increases
The Client acknowledges that the initial monthly retainer fee is based on the business volume and scope of services at the time of onboarding. MMK Scales reserves the right to increase the monthly retainer fee, subject to a thirty (30) days’ written notice period, if the Client’s business volume, system utilisation, or support requirements expand beyond the initial baseline. The Client may cancel within that 30-day notice period without penalty if they do not accept the revised fee.
4. Setup and go-live
MMK Scales will use reasonable endeavours to have your AI receptionist live within 7 business days of receiving your completed intelligence brief and setup fee. This timeline is subject to:
- Timely provision of required information by the Client
- Technical factors outside our control (e.g. phone number porting delays)
- Mutual agreement on the system configuration
The Client is responsible for providing accurate and complete information during the intelligence brief. MMK Scales is not responsible for errors or poor performance resulting from inaccurate information provided by the Client.
5. Client responsibilities
By engaging our services, you agree to:
- Provide accurate, complete, and up-to-date business information for system training
- Notify us promptly of changes to your services, pricing, or business operations that affect the AI receptionist’s accuracy
- Ensure that your use of the AI receptionist complies with applicable Australian laws, including telephone recording notification requirements in your state or territory
- Not use our services for any unlawful, deceptive, or harmful purpose
- Keep your login credentials and account access secure
- Pay invoices by the due date
6. Cancellation and termination
Cancellation by the Client
You may cancel your monthly retainer at any time with 30 days’ written notice to admin@mmkscales.com.au. Cancellation takes effect at the end of the billing period in which the 30-day notice period ends. That is your final billing period: services continue until it ends, and nothing is charged after it.
If your business permanently closes, becomes insolvent, or enters bankruptcy or external administration, contact us: we will end the agreement early, and nothing further will be charged from the date we confirm the closure. The same applies if the business owner dies or becomes medically unable to keep operating. If you sell the business, the agreement can transfer to the new owner, or end early at settlement if they do not want it.
All setup and retainer fees are final. Once payment has been made, no reimbursement will be issued, except where a refund is required under the Australian Consumer Law. The Client acknowledges this prior to engaging MMK Scales.
Termination by MMK Scales
MMK Scales may terminate this agreement immediately if:
- Payment remains outstanding for more than 14 days after the due date
- The Client is found to be using the service for unlawful or harmful purposes
- The Client materially breaches these Terms and fails to remedy the breach within 7 days of written notice
MMK Scales may also terminate the agreement with 30 days’ written notice for any other reason.
Effect of termination
From the effective date of termination or cancellation (for Client cancellations, the end of the final billing period), access to the AI receptionist and all associated services, systems, and tools will cease. All tools, software, AI systems, workflows, automations, integrations, and technology deployed by MMK Scales remain the sole property of MMK Scales and will be fully withdrawn upon termination. This includes, but is not limited to, the AI receptionist, booking systems, review generation systems, chat integrations, and any associated platform accounts provisioned by MMK Scales on the Client’s behalf.
The Client acknowledges that they hold no ownership or licence to continue using any MMK Scales tools or systems after termination. Any outstanding fees remain payable. MMK Scales will retain data in accordance with our Privacy Policy and applicable legal requirements.
7. Intellectual property
All systems, software, AI models, workflows, and technology used to deliver MMK Scales services remain the intellectual property of MMK Scales. Nothing in these Terms grants the Client ownership of or a licence to our underlying technology.
Any business information, branding, or content provided by the Client for training purposes remains the property of the Client. The Client grants MMK Scales a licence to use this information solely for the purpose of providing and improving the services.
Where MMK Scales builds a website for the Client as part of a service package, ownership of the website design and content transfers to the Client upon receipt of full payment. The underlying platform and technology stack remain the property of MMK Scales or its licensors.
8. Limitation of liability
To the maximum extent permitted by Australian law, the Client agrees to the following limitations absolutely and without reservation:
No guarantee of results
MMK Scales makes no representation, warranty, or guarantee, express or implied, regarding revenue outcomes, lead volume, call conversions, booking rates, Google review ratings, search rankings, or any other business result. The Client acknowledges that results are entirely dependent on factors outside MMK Scales’ control, including but not limited to: call volume, industry conditions, market competition, the Client’s own staff and operations, the quality of the Client’s existing business offering, and general economic conditions. Failure to achieve any particular commercial outcome does not constitute a breach of these Terms and gives rise to no claim against MMK Scales.
No liability for business losses
MMK Scales is not liable, under any circumstances, for any of the following losses, whether direct, indirect, incidental, consequential, special, or exemplary:
- Loss of revenue, profit, income, or anticipated savings
- Loss of clients, contracts, leads, or business opportunities
- Loss of goodwill or reputation
- Business interruption of any kind
- Loss arising from reliance on AI-generated responses, transcripts, or summaries
- Loss arising from missed calls, system downtime, or third-party platform outages
- Loss arising from the Client’s failure to provide accurate or up-to-date business information
- Loss arising from changes to third-party platforms, APIs, or telephony providers used in delivery of the services
Technology and AI limitations
The Client acknowledges that AI systems, including the AI receptionist provided by MMK Scales, may occasionally produce inaccurate, incomplete, or unexpected outputs. MMK Scales does not warrant that the AI receptionist will correctly handle every call, correctly qualify every lead, or perform without error at all times. The Client accepts full responsibility for reviewing AI interactions and maintaining appropriate human oversight of their business operations.
Third-party platforms
MMK Scales delivers services using third-party platforms and infrastructure including, without limitation, telephony providers, CRM systems, and AI platforms. MMK Scales is not liable for any outage, data loss, change in terms, or failure of any third-party provider, and makes no guarantee of uninterrupted service as a result of such dependencies.
Cap on liability
In the event that, notwithstanding these Terms, MMK Scales is found liable for any claim, our total aggregate liability to the Client is strictly capped at the total retainer fees paid by the Client in the one (1) calendar month immediately preceding the event giving rise to the claim. Under no circumstances will this cap be exceeded.
Indemnity
The Client agrees to indemnify, defend, and hold harmless MMK Scales, its principals, contractors, and representatives from and against any claim, demand, loss, damage, liability, cost, or expense (including legal fees) arising out of or related to: the Client’s use of the services; the Client’s breach of these Terms; the Client’s business operations; any third-party claim relating to the Client’s use of AI-generated content; or any regulatory or legal action arising from the Client’s industry or operations.
Acknowledgement
The Client expressly acknowledges that the fees charged by MMK Scales reflect the allocation of risk set out in these Terms, and that MMK Scales would not have entered into this engagement on any other basis. The Client has had the opportunity to seek independent legal advice prior to engaging MMK Scales.
Nothing in this section excludes any right or guarantee the Client may have under the Australian Consumer Law that cannot lawfully be excluded.
9. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where a major failure occurs, you may be entitled to have the services re-supplied or to seek compensation for any reasonably foreseeable loss or damage. MMK Scales’ preferred remedy is re-supply of the affected service. Nothing in these Terms is intended to exclude or limit any right you have under the Australian Consumer Law that cannot lawfully be excluded.
10. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement, including but not limited to business processes, pricing, client lists, and system configurations. This obligation survives termination of the agreement.
11. Dispute resolution
If a dispute arises between you and MMK Scales:
- The party raising the dispute must notify the other in writing, setting out the nature of the dispute
- Both parties will attempt to resolve the dispute through good-faith negotiation within 14 days
- If unresolved, the parties agree to attempt mediation before commencing legal proceedings
- If mediation fails, the dispute will be subject to the jurisdiction of the courts of New South Wales, Australia
12. Changes to these terms
MMK Scales may update these Terms from time to time. Where changes are material, we will provide 30 days’ written notice to active Clients. Continued use of our services after the notice period constitutes acceptance of the updated Terms.
13. Contact
For any questions about these Terms: