Terms of Service

1. Acceptance of Terms

By accessing or using the Confirmed and Flat Out platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including trade businesses and their customers. If you are a trade business that signs a Platform Services Agreement with us at onboarding, that agreement sets your commercial terms (fees, suspension, liability detail) and prevails over these Website Terms for that relationship to the extent of any inconsistency.

2. Description of Service

Confirmed and Flat Out provides an automated lead management and customer communication platform for Australian service trade businesses. The Service includes SMS-based quoting, job tracking, customer onboarding, and payment processing tools. We do not provide removal or trade services directly — we provide software tools to businesses that do.

3. Eligibility

The Service is available to Australian businesses and their customers. By using the Service, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of your business.

4. Accounts and Registration

To access the trade dashboard, you must create an account with accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised access or security breach

5. Payment and Billing

Payments processed through the Service are subject to the following terms:

• All prices are quoted in Australian Dollars (AUD) and include GST where applicable
• Payments are processed securely via Stripe — Confirmed and Flat Out does not store card details
• Subscription fees are billed monthly in advance (prepaid). We do not extend credit. If a payment fails, we will notify you and may pause the live answering and quoting Service within 24 hours until the payment is remedied — you can still update your payment method to restore access
• Job quotes generated by the platform are estimates — final pricing is confirmed by the trade business before payment
• We may update subscription pricing by giving at least 30 days written notice. If you do not accept a price increase or other change that materially and adversely affects you, you may cancel without penalty by written notice before the change takes effect, and that change will not apply to you during your notice period

6. Cancellation

Subscriptions are month to month. You may cancel by giving 30 days' written notice (account settings or email to us is fine). The Service continues, and fees remain payable, until the end of that notice period. No early termination charge. Refunds only where required by Australian Consumer Law or where we terminate for convenience.

7. SMS Communications

The Service uses SMS messaging to communicate with end customers on behalf of trade businesses. By using the Service:

• Trade businesses confirm they have obtained appropriate consent from customers before SMS contact
• SMS messages are sent for quote delivery, booking confirmation, and job updates only
• Standard carrier message and data rates may apply to SMS recipients
• Customers can opt out of SMS by replying STOP at any time

8. Acceptable Use

You must not use the Service to:

• Send unsolicited commercial messages (spam) in violation of the Spam Act 2003 (Cth)
• Engage in misleading or deceptive conduct in violation of the Australian Consumer Law
• Impersonate any person or entity
• Transmit any content that is unlawful, harmful, or fraudulent
• Attempt to gain unauthorised access to any part of the Service

9. Intellectual Property

The Service, including all software, content, and trademarks, is owned by Confirmed and Flat Out and is protected by Australian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

10. Liability

We provide the Service with due care and skill. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that applies to you under the Australian Consumer Law or any other law where doing so would be void or unlawful — including the consumer guarantees, which may apply to business users.

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

• Neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity or loss of goodwill, or for other indirect or consequential loss
• Our aggregate liability in any 12 month period is limited to the fees you have paid us in the 12 months before the first event giving rise to the liability
• That limit does not apply to fraud or wilful misconduct, to liability for death or personal injury caused by negligence, or to any liability that cannot be limited at law
• We do not guarantee any particular number of enquiries, quotes, bookings or jobs, or any level of revenue — results depend on your market, your rates, your responsiveness and other matters outside our control

If you have signed a Platform Services Agreement with us, that agreement prevails over these Website Terms to the extent of any inconsistency for that relationship — including as to liability, governing law and jurisdiction.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in that policy.

12. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or by displaying a notice on the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of Western Australia, Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Western Australia.

14. Contact Us

For questions about these Terms, please contact us at:

Domenic Young trading as Confirmed and Flat Out
Email: support@confirmedandflatout.com.au
Phone: 0410 323 494 (trade business owners — not for booking a move)
Website: confirmedandflatout.com.au

These Terms of Service are compliant with Australian Consumer Law and the Spam Act 2003 (Cth). ABN: 27 354 558 767.