Terms of Service for Platform Access and Usage

Effective date: 24th February 2025
Business name: BrandSuite
Website: www.brandSuite.com.au
Contact email: hello@brandsuite.com.au
Location: Australia

1. YOUR ACCEPTANCE AND AGREEMENT
1.1 BrandSuite , ABN 57447086374 (“BrandSuite”, “we”, “us” or “our”). We provide a software environment built within HighLevel, Inc. software and infrastructure (“GHL Software”). This environment, together with our configurations, templates, automations and integrations, forms the BrandSuite Platform (“Platform”).
1.2 The Platform provides a comprehensive suite of marketing and sales tools designed to empower businesses to create, manage, and automate their customer interactions.
1.3 Your accepted plan and pricing details, these Terms and any separate written service agreement form the Agreement. Our Privacy Policy, accessible through https://www.brandsuite.com.au, explains our information handling.
1.4 By accessing or using the BrandSuite Platform in any manner, you agree to be bound by this Agreement.
1.5 Changes to these Terms are governed by clause 35.1. They do not operate retrospectively.
1.6 If accepting for an organisation, you confirm that you have authority to bind it. An Authorised User does not automatically become personally responsible for the organisation’s contractual obligations.
1.7 A separately negotiated written agreement takes priority over these Terms to the extent of any inconsistency. Specific plan and pricing details accepted at purchase take priority over general descriptions. Mandatory legal rights take priority over all contractual provisions.
2. PLATFORM AND THIRD-PARTY DEPENDENCY
2.1 The Platform operates on GHL Software licensed from GHL and may incorporate third-party services such as Twilio, Mailgun, Stripe, and Google.
2.2 While BrandSuite has developed and maintains its own proprietary environment and configurations within the GHL Software, BrandSuite does not own or control the underlying GHL Software or any associated third-party services.
2.3 Some features depend on third-party availability and requirements. Where relevant to services you activate, you must comply with applicable provider terms made available to you, including GHL’s terms at https://www.gohighlevel.com/terms-of-service. BrandSuite will use reasonable care in delivering its agreed services. Third-party dependencies do not automatically release us from liability for our own conduct or non-excludable legal obligations.
3. DEFINITIONS AND INTERPRETATION
3.1 In this Agreement, the following expressions have the following meanings, unless otherwise stated:
“Account” means the account you create to use our Platform as defined in clause 4.1, including any account created, administered, accessed, or used by or on behalf of an individual, business, organisation, client, company, partnership, trust, sole trader, or other entity;
“Account Creator” means the person who creates, registers, purchases, configures, administers, or first accesses an Account, whether for themselves or on behalf of another person, business, client, employer, organisation, or legal entity;
“Account Holder” means the individual, business, organisation, company, trust, sole trader, partnership, client, employer, or other legal entity for whose business, operations, brand, customers, data, or commercial benefit the Account is created, accessed, used, or maintained, subject to the administrative dispute process in clause 4.2, which does not determine legal ownership;
“Agreement” is defined in clause 1.3;
“Applicable Law” means all laws, regulations, and legal requirements that apply to the Platform or the Agreement, including but not limited to Australian Consumer Law, and any other applicable laws in the relevant jurisdiction where you are based that govern the use of the Platform or the services provided under this Agreement;
“AUD” means Australian Dollar;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“Authorised User” means your employees, agents, and contractors whom you authorise to access and use the Platform on your behalf, and who are provided individual login credentials through your Account;
“Billing Contact” means any person or entity who provides, authorises, manages, or is associated with a payment method used for an Account;
“Business Day” means 9 am to 5 pm Monday to Friday, excluding public holidays in Brisbane, Queensland, using Australian Eastern Standard Time (AEST, UTC+10);
“Fees” means the fees, charges and amounts payable under this Agreement, as displayed on the pricing page (accessible via https://www.brandsuite.com.au), within the Platform, at checkout, on invoices, or at the time of purchase or use, and as updated or amended by us from time to time in accordance with this Agreement;
“Customer Data” means data that you provide to us, including any personal data of your customers, leads, or end users provided by you through the Platform;
“Developed IP” is defined in clause 21.3;
“GHL Software” is defined in clause 1.1;
“Indemnified Parties” is defined in clause 26.1;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including but not limited to all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“LeadConnector” means the CRM and marketing automation app integrated with the Platform;
“Minor” means a person under 18 years of age;
“Ownership Dispute” means any dispute or uncertainty regarding the identity of the Account Holder, Account Creator, Billing Contact, authorised users, payment authority, control of the Account, access rights, Customer Data, or entitlement to cancel, transfer, retain, or manage an Account;
“Personal Information” has the same meaning as set out in the Privacy Laws;
“Platform” means the BrandSuite Platform described in clause 1.1, including any Proprietary Content (as defined below) made available to you by BrandSuite;
“Platform-Generated Materials” means system-generated logs, analytics, metadata, activity records, operational data, and other information generated by or through the operation of the Platform;
“Privacy Laws” means the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Notifiable Data Breaches scheme and applicable state or territory privacy and health records laws, to the extent they apply;
‘Privacy Policy”means our Privacy Policy available at https://www.brandsuite.com.au;
“Proprietary Content” means all templates, workflows, automations, campaigns, landing pages, forms, scripts, graphics, copy, configurations, system-generated assets, and other creative or technical materials made available by BrandSuite through the Platform;
“Provider IP” is defined in clause 21.2;
“Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth);
“Site” means our website located at https://www.brandsuite.com.au or any other site operated by us from time to time;
“Stripe Services Agreement” means the applicable Stripe terms for services you activate;
“Subscription” means the plan or tier of access to the Platform selected by you, as described on our pricing or plans page at https://www.brandsuite.com.au;
“Terms” is defined in clause 1.3;
“Third-Party Services” means any optional subscriptions, usage-based services, or integrations provided by third-party providers and made available through the BrandSuite Platform, as described in clause 15.14.
“USD” means United States dollars;
“User Content” means any content, materials, media, files, images, videos, audio recordings, documents, text, or other information created, uploaded, submitted, stored, or otherwise made available by you or your Authorised Users through the Platform or in connection with the Platform;
“you” or “your” means the person or entity that has registered to use the Platform, an Authorised User, or a Team Member (as applicable).
3.2 The singular includes the plural. References to legislation include amendments and replacements. Persons include legal entities. Headings assist navigation and do not change the Agreement’s meaning.
4. ACCESSING THE PLATFORM
4.1 Our Platform is open to persons who accept this Agreement and register an account on our Site by providing a valid email address and/or mobile number and nominating a secure password (“Account”). The Account may be created and used by or on behalf of an Account Holder. Access to certain features or services may require an active paid Subscription. All Subscriptions must be initiated via the Site. However, additional purchases, including those made through third party integrations, add on plugins, premium actions or similar features, may be made within the Platform.
4.2 An Account Creator acting for another person or business must have authority to establish the Account and accept the Agreement. The Account Holder is the contracting party and is responsible for authorised activity and reasonable management of users and permissions.
(a) Paying an invoice or supplying a payment method does not, by itself, determine Account ownership or transfer rights in Customer Data, User Content, domains or other business assets.
(b) For an Ownership Dispute, BrandSuite may request reasonable evidence, including registration details, business records, written authorities and relevant court orders.
(c) We may temporarily restrict sensitive changes or access where reasonably necessary to protect the Account and affected parties, giving reasons where lawful and practicable.
(d) Any administrative assessment is for operating the service only. It does not determine legal ownership or override a court order. BrandSuite is not obliged to adjudicate disputes between customers and their representatives.
4.3 You may hold separate business Accounts where permitted by your selected plan. Account and sub-account limits and any additional charges are those disclosed and accepted at purchase.
4.4 You may access your Account via the Site, the LeadConnector or https://www.brandsuite.com.au
4.5 You may add Team Members within the permissions and user limits of your selected plan. Any additional user charges must be disclosed and accepted before purchase.
4.6 Each Team Member will be provided with a unique login credential. You must ensure that your Team Members only access the Platform using their assigned credentials and that those credentials remain confidential.
4.7 Sharing or misusing credentials is strictly prohibited. This includes, without limitation:
(a) logging in under a friend, client, or Team Member’s credentials;
(b) using credentials provided for another Account Holder;
(c) providing misleading details to hide your identity or affiliation; and
(d) creating fake profiles or aliases to gain entry.
4.8 For the purposes of this Agreement, all Team Members are considered Authorised Users and are bound by the same obligations, restrictions and responsibilities that apply to you. You are responsible for managing their access, ensuring they use the Platform lawfully, and setting appropriate permissions and controls.
4.9 You must ensure that all information associated with your Account, including those associated with Authorised Users, are true, accurate, current and complete at the time of registration and at all other times (as required by us). You further agree to update and keep updated your Account.
4.10 You are responsible for reasonable security measures and managing authorised Account activity. Notify BrandSuite promptly of suspected unauthorised access. This does not automatically make you responsible for every unauthorised act or remove BrandSuite’s own security obligations.
4.11 You warrant and represent that your access to, or use of, our Platform is for its intended purposes and is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may result in suspension or termination of your Account and may be referred to appropriate law enforcement authorities.
4.12 You are responsible for configuring, testing and maintaining workflows, automations, notifications, integrations and triggers you manage. Review them when staff, recipients or business processes change. Where BrandSuite separately agrees to undertake configuration or testing, the agreed responsibilities apply. This clause does not exclude liability for work BrandSuite undertakes or for a Platform defect.
4.13 Where you or any Authorised User connect or integrate third-party systems, external applications, contacts, or notification endpoints (including email addresses, phone numbers, or other external delivery channels), you are responsible for maintaining the accuracy of those connections and ensuring they are updated, removed, or modified as required from time to time.
4.14 Where you or any Authorised User add, modify, or remove Authorised Users, contacts, or external recipients, you are responsible for reviewing and updating any associated workflows, automations, or notification settings to ensure they reflect your intended configuration.
4.15 The Platform may include templates, workflows, automations, configurations, and other resources provided by BrandSuite. You acknowledge that the operation and performance of such resources may depend on your Account settings, integrations, third-party services, publishing actions, data inputs, ongoing maintenance, and other factors outside BrandSuite’s control. BrandSuite does not warrant that any template, workflow, automation, or configuration will operate without interruption, error, or modification.
5. ADMINISTRATIVE ACCESS AND ACCOUNT CONTROL
5.1 BrandSuite may access your Account to the extent reasonably necessary to supply support, maintain and secure the Platform, investigate issues, implement updates and meet legal obligations.
5.2 Access must be limited to authorised personnel for legitimate service purposes and handled in accordance with applicable privacy and confidentiality obligations.
5.3 You must not obstruct access reasonably required to provide the service. If access is unavailable, we will explain the impact and seek a practical resolution. Suspension must comply with clause 30.
5.4 Administrative access does not transfer ownership of Customer Data or User Content or permit unrelated use of your customer information.
6. RESTRICTIONS ON ACCESS
6.1 You must not gain access through deception, misuse confidential information, copy protected resources for unauthorised resale, disrupt the Platform or undertake unlawful reverse engineering.
6.2 Working for another software provider does not, by itself, establish a breach. These restrictions protect legitimate security, confidentiality and intellectual property interests and do not prohibit lawful competition.
6.3 We may investigate suspected misuse and take proportionate action under clause 30. Nothing prohibits activity that the law expressly permits notwithstanding a contractual restriction.
7. USE OF THE PLATFORM
7.1 You must not, and must ensure that your Authorised Users do not:
(a) modify the Platform or merge any aspect of the Platform with another programme;
(b) record, reverse engineer, copy, duplicate, reproduce, create derivative works from, frame, download, display, transmit or distribute any of the Platform, the source code of the Platform or any documents, manuals or setup instructions provided with the Platform;
(c) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Platform;
(d) engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(e) access, store, distribute or transmit:
(i) viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Platform;
(ii) material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
(iii) material that facilitates illegal activity; or
(iv) material that abuses or causes damage or injury to any person or property;
(f) provide Platform login details or passwords, or otherwise provide access to the Platform, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Platform;
(g) share any features or templates available inside of the Platform that are not publicly available with any unauthorised third party; and
(h) engage in any conduct on the Platform that is in breach of this Agreement (or any agreements mentioned therein).
7.2 Do not impersonate BrandSuite, publish knowingly false or misleading claims, infringe our rights or harass our personnel. Nothing in these Terms restricts honest reviews, reasonable criticism, lawful complaints, regulatory reports, protected whistleblowing or the exercise of legal rights.
7.3 Treat BrandSuite personnel and other users respectfully. Threats, harassment and unlawful discrimination are prohibited. Honest disagreement, reasonable requests for assistance and complaints are permitted.
7.4 Evaluation and beta features may have disclosed limitations and may be withdrawn with reasonable notice where practicable. This does not reduce rights relating to paid services.
7.5 All rights granted to you under this Agreement must not be leased, assigned, sold, licensed, resold or transferred to any third party in any manner whatsoever. You must not in any way encumber or allow the creation of any mortgage, charge, lien or other security interest in respect of the Platform.
7.6 Your use of the Platform must also comply with GHL’s Acceptable Use Policy and Terms of Service. Any violation of these terms by you or your Authorised Users constitutes a material breach of this Agreement.
7.7 We will assess breaches reasonably and take proportionate action under clause 30. A minor breach does not automatically justify immediate termination.
7.8 BrandSuite retains the right to take any further action it reasonably considers necessary to protect its business, personnel and Intellectual Property Rights, including permanent termination of your Account and pursuit of legal or equitable remedies.
7.9 Any suspension or termination must comply with clause 30 and applicable law. There is no unrestricted right to terminate without notice or liability.
8. ACCOUNT USAGE AND PORTABILITY
8.1 You retain rights in Customer Data and User Content. Use available export tools and keep independent copies of important records.
8.2 Proprietary Content is licensed for use within your BrandSuite Account unless agreed otherwise in writing. Publishing a website, form or campaign through an authorised feature is permitted. Bulk extraction or resale of proprietary templates is prohibited.
8.3 A complete Account transfer may depend on technical capability, provider requirements and separation of licensed resources. We will explain available export or transfer options and any agreed assistance charges. Not every configuration may be transferable.
8.4 Subject to legal, security and technical restrictions, we will provide a reasonable opportunity to export available Customer Data and User Content before deletion, as described in clause 30. Ending a Subscription does not transfer ownership of your business assets to BrandSuite.
9. TRIAL PERIOD
9.1 From time to time, BrandSuite may offer new Account Holders a trial period (the “Trial”). Trials may be offered free of charge or with a reduced fee, and the length and specific terms of any Trial will be disclosed at the time it is made available.
9.2 Eligibility and trial conditions will be disclosed before acceptance. We will not materially reduce an accepted trial offer without reasonable grounds and notice, except for urgent fraud, security or legal compliance reasons.
9.3 Each user, business, or entity is eligible for one Trial only. You may not register for, or attempt to register for, multiple or consecutive free Trials.
9.4 By accessing or using the Platform during a Trial, you acknowledge that you are bound by our full Terms of Service.
9.5 If the Trial converts automatically to a paid Subscription, we will clearly disclose its conversion date, price, billing frequency and cancellation method before acceptance and obtain payment authorisation. Cancel before that date to avoid subscription charges.
9.6 If you cancel before the end of the Trial period, you will not be charged for the applicable Subscription. However, you remain responsible for any fees incurred during the Trial that exceed the allowances included in the applicable Subscription allowances, including usage-based charges, communication charges, premium actions, third-party services, integrations, add-ons, or similar charges incurred through your use of the Platform.
9.7 The Trial covers access to the Platform only. You remain responsible for all charges incurred during the Trial, including but not limited to:
(a) email, SMS, MMS, or other communication costs;
(d) premium services or add-ons, and
(c) third-party subscriptions or integrations (including WordPress, Twilio, domain purchases, or similar services).
9.8 Separately disclosed and authorised trial usage charges remain payable. Refund and remedy rights under Australian law apply.
9.9 Trials are intended for evaluation purposes only. You must not engage in abusive or fraudulent use of the Trial, including but not limited to:
(a) engaging in mass or unsolicited communications;
(b) attempting to bypass or manipulate billing systems; or
(c) creating multiple accounts to obtain repeated Trials.
9.10 Any misuse of a Trial constitutes a material breach of these Terms and may result in immediate suspension or termination of your account.
10. YOUR OBLIGATIONS
10.1 You acknowledge that our ability to be able to provide the Platform to you without delay or interruption is dependent on your full and timely cooperation. You will:
(a) co-operate with and assist us in the supply of the Platform;
(b) promptly provide us with full and accurate information, data and explanations as and when required;
(c) comply with all applicable laws, regulations and industry standards with respect to your activities and obligations under this Agreement;
(d) ensure that your network and systems comply with the relevant specifications and guidelines provided by us from time to time; and
(e) comply with all reasonable directions and guidelines from us as advised from time to time.
10.2 You acknowledge that our Platform integrates with certain third-party services, which are from time to time required in order for us to be able to provide the Platform, to you.
These include but are not limited to Stripe, LeadConnector, Intercom, Meta, Google Analytics and PayPal. You are responsible for complying with any applicable third-party terms when using features that rely on those services.
10.3 It is your responsibility to ensure that any written communications we send to you set out the correct information in relation to your business and that you notify us of any changes to this information.
10.4 You agree and acknowledge that you are authorised to use the Platform and the Site and access the Customer Data, as applicable, that you may enter into, or connect with, the Platform or the Site, from time-to-time.
11. COMPLIANCE
11.1 You must ensure your business activities comply with applicable requirements, including:
(a) the Australian Consumer Law;
(b) applicable Privacy Laws;
(c) the Spam Act 2003 (Cth) and associated requirements;
(d) the Do Not Call Register Act 2006 (Cth) and applicable telemarketing standards;
(e) the Copyright Act 1968 (Cth) and Trade Marks Act 1995 (Cth);
(f) relevant tax, financial services, licensing and industry requirements; and
(g) applicable surveillance and listening devices laws when recording calls.
11.2 PCI DSS is a payment card security standard, not Australian legislation. Comply with it where required by your payment arrangements and do not store full card details in ordinary CRM fields.
11.3 Overseas laws may also apply to overseas operations or communications. Australian terms do not remove those obligations.
11.4 BrandSuite does not provide legal advice or guarantee that Platform tools will make your business compliant. Each party remains responsible for its own legal obligations.
12. USE OF COMMUNICATION SERVICES
12.1 Email, SMS, MMS, voice and related features may incur usage charges disclosed before activation or use.
12.2 For commercial electronic messages, obtain and retain evidence of legally sufficient consent, identify the sender and provide a functional unsubscribe facility. Give effect to unsubscribe requests within five working days or any shorter period required by law. Do not use harvested lists or send messages merely to seek consent where doing so would breach the Spam Act.
12.3 Telemarketing must comply with Do Not Call Register requirements, consent rules, permitted calling times, identification requirements and requests to end calls.
12.4 For branded SMS or MMS sender IDs used for Australian recipients, comply with applicable SMS Sender ID Register requirements and register through your messaging provider where required.
12.5 Obtain any consent required to record calls. Requirements can vary according to the jurisdiction and location of participants.
12.6 Charges can depend on destination, message segments, call duration, number type and provider. Currency, GST, registration and carrier charges must be disclosed. Ask for clarification before enabling a service if rates are unclear.
12.7 Failed or blocked communications may incur disclosed provider charges. This does not remove remedies for BrandSuite billing errors or service failures for which we are legally responsible.
12.8 Delivery depends on networks, provider approvals, recipient settings and configuration. We do not guarantee delivery of every communication but will provide our services with due care and skill.
12.9 Overseas messaging may require additional destination-specific registrations. These are not automatically Australian requirements.
13. E-COMMERCE PRODUCTS AND SERVICES
13.1 You are solely responsible for any materials, goods, or services sold through the Platform, including:
(a) product descriptions, pricing, taxes, promotions, legal disclosures, and regulatory compliance;
(b) providing public-facing contact information, a refund policy, and order fulfilment timelines; and
(c) customer service, order processing, and handling any disputes or fraudulent transactions.
13.2 Sales contracts for your products are between you and your customer unless expressly agreed otherwise. You must meet applicable consumer guarantees and provide lawful refund and delivery terms. BrandSuite does not become the seller solely because it supplies the Platform. We may remove unlawful material or restrict misuse proportionately under clause 30.
14. PLATFORM UPDATES AND FEATURES
14.1 We may maintain and improve the Platform and make reasonable changes for security, legal compliance or third-party compatibility.
14.2 We will give at least 30 days’ notice of material changes substantially reducing paid functionality where practicable. Urgent legal, security or unavoidable third-party changes may require shorter notice, with an explanation as soon as practicable.
14.3 If a material reduction substantially affects the purchased service, you may cancel before it takes effect and receive a pro rata refund of unused prepaid subscription fees. Statutory remedies remain available.
14.4 Future features are not guaranteed unless expressly agreed. This does not negate binding representations about existing features.
15. FEES AND PAYMENT
15.1 Pay the Fees disclosed and accepted for your plan and authorised additional services. Features, user limits, sub-account limits, onboarding and training depend on your selected plan.
15.2 Australian subscriptions are priced in AUD unless another currency is clearly disclosed and accepted. Applicable GST and the total payable will be displayed as required by Australian law. Tax invoices will be provided where required.
15.3 Any USD-denominated usage or third-party charges must be identified before authorisation, with applicable conversion arrangements, mark-ups and GST disclosed. Your bank may apply its own currency charges.
15.4 We will give at least 30 days’ written notice of changes to recurring subscription Fees. Increases will not apply retrospectively or during an already prepaid fixed period. You may cancel before the new price applies. For usage rates, reasonable advance notice will be given where practicable, with unavoidable provider changes identified promptly.
15.5 Subscriptions renew at the frequency accepted at checkout until cancelled under clause 30. Annual renewal reminders will be provided reasonably in advance. Renewal does not authorise undisclosed add-ons or plan upgrades.
15.6 Maintain valid payment details. We may reasonably retry failed payments, notify you and allow a reasonable opportunity to resolve a failure before suspension, except where urgent action is justified.
15.7 Stripe or another identified processor may process payments. If you enable your own merchant services, its relevant merchant terms apply to that relationship. Information sharing is limited to necessary and lawful purposes.
15.8 Currency arrangements are those actually disclosed and accepted. We do not claim that Stripe necessarily chooses or prevents changes to your billing currency.
15.9 Payment processing does not automatically release BrandSuite from its own billing obligations or liability.
15.10 Your Subscription provides the features included in your accepted plan. Usage, AI, premium workflows and other optional services may be charged separately where disclosed and authorised.
15.11 The pricing model may combine subscription Fees with separately authorised usage or additional services.
15.12 A monthly usage credit is included only if stated in your accepted offer.
15.13 Some optional services may use a prepaid wallet as described in clause 16.
15.14 Third-Party Services may include communications, domains, WordPress, marketplace applications, advertising tools, WhatsApp, branded applications and AI services.
15.15 Before activation, relevant third-party terms, separate charges and any service dependencies must be disclosed. Where BrandSuite supplies or resells a service, it retains its applicable supplier obligations. Independent services you contract for directly are governed by that provider’s terms, subject to applicable law.
15.16 Done-for-you, implementation, training or consulting work beyond your plan inclusions requires an agreed scope and price.
15.17 You may dispute a charge in good faith. Undisputed Fees remain payable. Nothing prevents a deduction, set-off or other remedy available under applicable law.
15.18 SUBSCRIPTION FEES are non-refundable for change of mind, non-use, cancellation by you or failure to cancel before renewal. No refund, credit or pro rata refund is provided for the unused balance of a monthly or annual Subscription, except where required by Australian Consumer Law or another applicable law. Cancellation does not retrospectively reverse a valid renewal charge. The distinct remedies for BrandSuite-initiated changes or termination in clauses 14, 30.8, 33 and 35 remain applicable.
15.19 We will correct billing errors and refund unauthorised or incorrectly collected charges where appropriate.
15.20 Promotions apply for their disclosed duration. We will honour specific price commitments and binding representations forming part of your purchase.
15.21 Nothing in this clause excludes non-excludable rights, including ACL rights.
15.22 Current pricing and billing information is available through https://www.brandsuite.com.au or from BrandSuite support.
16. WALLET SETTINGS
16.1 Some usage services may require a prepaid wallet. Before activation we will disclose the currency, rates, minimum top-up, available controls and auto top-up arrangements.
16.2 Auto top-ups require authorisation to the disclosed amount and threshold. You may change or disable available settings, although services may stop if funds are insufficient.
16.3 Included credits expire or roll over only as stated in the accepted offer. Promotional credits are separate from customer-deposited money.
16.4 Monitor usage, permissions and spending controls. Technical errors and undisclosed top-ups are not automatically authorised charges.
16.5 On cancellation, unused customer-funded wallet balances will be returned after properly incurred outstanding charges are deducted, unless a different lawful, clearly disclosed arrangement was accepted. Promotional credits are not redeemable for cash unless stated otherwise. Currency treatment must be disclosed.
17. PAYMENT METHODS AND AUTHORISATION
17.1 Authorising a payment method permits charges for the disclosed Subscription and additional services approved by you or a properly authorised user within agreed billing settings.
17.2 You must be entitled to use the method and obtain required permission from its holder. A Billing Contact does not become an Account owner or guarantor merely by supplying payment details.
17.3 Recurring authorisation ends for future subscription periods when cancellation takes effect. Properly incurred outstanding usage Fees remain payable.
17.4 We will reasonably investigate credible reports of unauthorised payment or compromised Accounts. Stored details do not conclusively establish that every later transaction was authorised.
17.5 Disputes between a business and its representatives do not automatically cancel valid charges or establish personal liability for a director, employee or cardholder.
18. BILLING DISPUTES AND CHARGEBACKS
18.1 Contact BrandSuite promptly about suspected errors. We will investigate in good faith. You may exercise rights through your bank, payment provider, regulator or court without first obtaining our permission.
18.2 A dispute does not remove the obligation to pay valid, undisputed charges. We will not recover the same amount twice.
18.3 Suspension during a dispute must be reasonably necessary and proportionate to actual non-payment, fraud or security risk. A good-faith complaint alone does not justify suspending unrelated Accounts.
18.4 We may provide relevant, accurate records to payment providers to resolve disputes, subject to privacy obligations.
18.5 There are no automatic penalties for complaints or chargebacks. Recoverable costs require a lawful basis, must be reasonable and must reflect actual loss attributable to a proven breach.
18.6 Nothing limits non-excludable legal rights.
19. DOMAIN SUBSCRIPTIONS AND TRANSFER RULES
19.1 Domain services depend on the applicable registrar, registry and licensing rules.
19.2 .au domains are governed by applicable auDA requirements, including eligibility and licensing rules. Generic domains such as .com may be subject to ICANN transfer policies and relevant locks. A 60-day restriction does not automatically apply to every domain or transfer.
19.3 Keep registrant details accurate, meet eligibility requirements and renew on time. Register domains in the correct registrant’s name.
19.4 Cancellation may affect connected websites or email. We will explain known impacts and reasonably assist with available management or transfer arrangements. Cancelling BrandSuite does not transfer your domain licence to us.
19.5 Provider restrictions may limit transfers. BrandSuite remains responsible for its own agreed services and legal obligations.
20. THIRD-PARTY INTEGRATIONS AND API ACCESS
20.1 Integrations may require valid credentials, permissions, tokens and periodic re-authentication. Provider requirements and expiry periods can change.
20.2 Maintain integrations you control and follow relevant provider requirements. BrandSuite cannot guarantee uninterrupted third-party API access but will use reasonable care in supplying agreed integration services and explain material disruptions where practicable. Enable integrations only where authorised to disclose the relevant data.
21. INTELLECTUAL PROPERTY
21.1 All rights, title, and interest in and to the Platform, including our original proprietary configurations, templates, automations, workflows, designs, content and documentation (together, “BrandSuite IP”), remain owned by us or our licensors.
21.2 The Platform operates on third-party infrastructure, GHL Software. BrandSuite does not own or claim ownership of the GHL Software, or any third-party services integrated with the Platform. Your use of the Platform does not grant you any ownership or rights, title or interest in or to the BrandSuite IP, The GHL Software, or any associated technology (collectively, the “Provider IP”).
21.3 BrandSuite owns improvements it independently develops to its materials and configurations (“Developed IP”). This does not assign your independently created intellectual property, Customer Data or User Content to us. Ownership of commissioned work is governed by the separate written agreement. Third-party owners retain rights in their underlying software.
21.4 Your licence to use BrandSuite resources is limited, non-exclusive and subject to these Terms. It does not confer ownership of the underlying software or Proprietary Content. You retain rights in your business assets and original content.
21.5 You must not represent to anyone or in any manner whatsoever that you are the proprietor of the Platform and/or the Provider IP.
21.6 You retain ownership of all branding, trade marks, trade names, logos, graphics, copywriting, marketing materials, and other creative works you upload, create or otherwise provide through the Platform (“User Content”).
21.7 You warrant that you hold all necessary rights, licences, and consents to upload and use the User Content and to authorise BrandSuite to use it for these purposes.
21.8 Nothing in this Agreement transfers ownership of User Content to BrandSuite.
21.9 For the avoidance of doubt, any modification, adaptation, configuration, or incorporation of Proprietary Content into User Content does not transfer ownership of such Proprietary Content or result in it becoming User Content. Rights in underlying Proprietary Content remain with BrandSuite or the relevant licensor.
21.10 You grant BrandSuite a limited, non-exclusive, royalty-free licence to use, reproduce, and display User Content solely as required to host, display, deliver, or transmit such content via the Platform or to perform related services under this Agreement.
21.11 We will obtain your permission before publishing your logo, testimonial or identifiable business story for marketing. You may withdraw permission for future use, and we will remove controlled online materials within a reasonable period.
21.12 We may use voluntarily provided feedback to improve services without payment, but not disclose your confidential information or customer data without a lawful basis. AI-generated material may be inaccurate, resemble existing works or lack exclusive copyright protection. Review it before use.
22. PRIVACY AND CUSTOMER DATA
22.1 Our Privacy Policy, accessible through https://www.brandsuite.com.au, must describe actual information handling, service providers, overseas processing, contact details and privacy rights and complaints processes.
22.2 You retain rights in Customer Data. Personal Information remains subject to affected individuals’ rights and applicable law.
22.3 You are responsible for lawful collection and use of customer information for your business, including required notices, consents, privacy policies, direct marketing choices and retention arrangements.
22.4 Australian privacy law does not use the GDPR controller/processor distinction as its primary legal framework. Each party remains responsible for its own Australian obligations. Separate overseas arrangements may be required where overseas laws apply.
22.5 BrandSuite may access, host, process and disclose Customer Data as reasonably necessary to provide and secure the service, act on lawful instructions, resolve issues or meet legal obligations. We will not sell customer lists or use them for unrelated marketing without a lawful basis and appropriate permission.
22.6 GHL and other providers may process data outside Australia. We will explain actual arrangements in our Privacy Policy and take steps required by applicable Privacy Laws, including APP 8 where it applies. Accepting these Terms does not automatically waive overseas disclosure obligations.
22.7 You must consider notices and permissions required for integrations you activate. BrandSuite remains responsible for its own provider arrangements and disclosures to the extent required by law.
22.8 Each party must take reasonable security steps appropriate to the information it handles. Use available access restrictions and multi-factor authentication, manage users and minimise unnecessary Sensitive Information.
22.9 Do not upload health or other Sensitive Information without confirming service suitability and additional requirements applying to your business. These Terms do not promise a specialised clinical records service.
22.10 Notify us promptly of suspected breaches affecting the Platform. We will investigate relevant incidents, cooperate reasonably and meet applicable notification obligations. Where the Notifiable Data Breaches scheme applies, eligible breaches must be notified as required by law.
22.11 We will reasonably assist with lawful access, correction and other applicable individual rights requests. Australian law does not provide an unrestricted GDPR-style deletion right; retention and deletion depend on applicable circumstances and obligations.
22.12 Data retention and deletion are governed by clause 30 and our Privacy Policy. We will not promise certifications, security controls or retention periods unsupported by our actual systems.
22.13 Ensure relevant staff and contractors understand your privacy obligations.
22.14 The parties will reasonably cooperate with privacy requests, breach investigations and regulatory enquiries, while each remains responsible for its own legal obligations.
23. WARRANTIES AND CONSUMER GUARANTEES
23.1 You confirm that you have authority to contract and supply relevant data and content, and will use the Platform lawfully.
23.2 BrandSuite will provide services with due care and skill. Where the ACL applies, services must also be reasonably fit for a disclosed purpose on which you reasonably rely and supplied within a reasonable time where no time is agreed.
23.3 Our services may come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to remedies for applicable failures, including rectification, cancellation, refunds and compensation where the law provides them.
23.4 Consumer guarantees can apply to business purchases as well as personal purchases. Business use does not automatically remove those protections.
23.5 Continuous availability is not guaranteed, but this does not excuse failure to meet an applicable guarantee or agreed obligation.
24. LIABILITY AND EXCLUSIONS
24.1 Nothing excludes, restricts or modifies a consumer guarantee or any right, liability or remedy that cannot lawfully be excluded, restricted or modified.
24.2 Subject to clause 24.1, each party’s aggregate liability arising from the Agreement is capped at the Fees paid or payable for the affected Account for the 12 months immediately before the event giving rise to liability. For an Account active for less than 12 months, the cap is the annual equivalent of its current subscription Fees plus additional Fees actually paid during that period.
24.3 The cap does not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or a party’s breach of privacy, confidentiality or intellectual property obligations. It does not cap properly incurred payment obligations.
24.4 Subject to clauses 24.1 and 24.3, neither party is liable for indirect or consequential loss not reasonably foreseeable when the Agreement was made. A loss is not excluded simply because it involves revenue, profit or data.
24.5 Liability is reduced to the extent the other party caused or contributed to the loss or unreasonably failed to mitigate it. Independent backup responsibilities do not extinguish BrandSuite’s liability for breach.
24.6 These limits apply only to the extent lawful and enforceable, including under unfair contract terms provisions. Review their commercial suitability before publication.
25. DISCLAIMERS AND AI OUTPUTS
25.1 Resources and AI features support business work and do not replace legal, accounting, financial, medical or other regulated advice.
25.2 Check AI outputs, factual claims, recipient details and automations before publishing or activating them. Obtain appropriate professional review for compliance matters.
25.3 We do not promise particular revenue, sales results, search rankings, savings or uninterrupted performance unless expressly agreed.
25.4 These qualifications do not override binding purchase representations or non-excludable rights.
26. INDEMNITY
26.1 Subject to clause 24, you indemnify BrandSuite and its relevant officers, employees and contractors (“Indemnified Parties”) for reasonable loss and costs from a third-party claim to the extent caused by your unlawful Platform use, infringement of third-party rights or material breach by you or an Authorised User acting within their authority.
26.2 This does not cover loss caused or contributed to by BrandSuite’s breach, negligence or misconduct, or liability that cannot lawfully be shifted to you.
26.3 We must notify you promptly, take reasonable steps to limit loss and allow reasonable participation in the defence. A settlement imposing obligations on you requires your consent, not to be unreasonably withheld.
26.4 A lawful complaint, payment dispute or chargeback does not itself trigger an indemnity.
27. CONFIDENTIALITY
27.1 Each party agrees not to use or disclose confidential information received or disclosed to it by the other party in the negotiation or operation of this Agreement, save for such use or disclosure necessary and required to perform their respective obligations under this Agreement. Disclosure will be, in any event, only made to the receiving party’s employees, officers, agents or contractors to whom it is necessary to do so and who are directly involved in performing the receiving party’s obligations.
27.2 In making disclosure to persons as permitted under this clause 27, the receiving party will ensure that persons receiving the disclosing party’s confidential information will comply with the same obligations regarding confidentiality as that of the receiving party.
27.3 Information is not to be regarded as confidential, and the receiving party will have no obligation regarding confidentiality, where that information is already in the public domain or enters the public domain through no fault of the receiving party, is received from a third party without any obligations of confidentiality, is used or disclosed with the prior written consent of the disclosing party, is disclosed in compliance with a legal requirement or is independently developed by the receiving party.
27.4 On request or termination, return or securely delete confidential information where reasonably practicable, except for records lawfully retained or protected backup copies. Continuing duties apply to retained information. Nothing prevents lawful regulatory reporting or protected whistleblowing.
28. DISPUTE RESOLUTION
28.1 Raise concerns with support@brandsuite.com.au or through the contact details at https://www.brandsuite.com.au, with enough information for investigation.
28.2 Raise billing concerns promptly, but no 7-day or 30-day complaint deadline removes statutory rights or applicable limitation periods.
28.3 Both parties will attempt resolution in good faith. We will acknowledge complaints within a reasonable period and explain next steps.
28.4 If unresolved after 14 days, the parties may agree to mediation through the Resolution Institute or another suitable mediator in Queensland, remotely or at an agreed location. Unless agreed otherwise, each pays its own costs and shares the mediator’s fee equally.
28.5 Nothing prevents contacting a bank, payment provider, Queensland Office of Fair Trading, ACCC, OAIC or other appropriate authority, applying to a competent court or tribunal, or seeking urgent relief. Mediation is not a compulsory barrier to those rights.
29. LEGAL CAPACITY
29.1 The Account Holder must have legal capacity to contract. An individual Account Holder or representative accepting the Agreement must be at least 18 and appropriately authorised.
29.2 Users under 18 may access suitable features only with Account Holder approval, appropriate parent or guardian consent and compliance with law and provider age requirements. An adult Account Holder is responsible for administering that access.
30. TERM, CANCELLATION, SUSPENSION AND TERMINATION
30.1 The Agreement begins when accepted and access is registered or purchased. Subscriptions continue for the selected period and renew as disclosed unless cancelled.
30.2 It is your responsibility to cancel your Subscription if you no longer wish to continue. The preferred method is to use the cancellation facility within the Platform. Alternatively, email support@brandsuite.com.au with a clear request to cancel your Subscription and sufficient details to identify the Account. A general enquiry, non-use of the Platform or an intention to cancel that is not communicated through either method does not constitute cancellation.
30.3 For an email cancellation request, if we are satisfied as to your identity and authority over the Account, we will cancel the Subscription immediately upon processing your clear request and stop future subscription renewals. If your identity or authority is unclear, we may contact you and request reasonable verification before completing cancellation. We will seek verification promptly and will not use it to unnecessarily delay cancellation. A valid request received before renewal will prevent that renewal even if our administrative processing occurs later. Cancellation is recorded immediately; access normally continues until the end of the already-paid monthly or annual period, unless you expressly request earlier closure. We will confirm cancellation and the access end date.
30.4 Properly incurred usage and separately authorised third-party charges remain payable. Cancelling the core Subscription may not cancel independent services; we will explain relevant known dependencies and steps.
30.5 BrandSuite does not provide refunds, credits or pro rata refunds of subscription Fees when you cancel, change your mind, do not use the Platform or fail to cancel before renewal. This applies equally to monthly and annual Subscriptions, including the full unused balance of the current paid period. This policy does not exclude any refund or other remedy required under the Australian Consumer Law or another applicable law. Distinct remedies for BrandSuite-initiated changes or termination remain as stated in these Terms. Customer-funded wallet balances are addressed separately in clause 16.5.
30.6 Immediate suspension is permitted where reasonably necessary for fraud, serious unlawful activity, material security risk or a legal requirement. We will give reasons and notice where lawful and practicable and limit its scope and duration.
30.7 For remediable material breach, including non-payment, we will ordinarily give written notice and at least 14 days to remedy it before termination. Earlier termination may be justified for a serious irremediable breach or legal requirement.
30.8 If BrandSuite ends a paid service for convenience, we will give at least 30 days’ notice and refund the unused prepaid subscription period. A lawful complaint or honest review alone is not grounds for termination.
30.9 Subject to immediate legal or security restrictions, you will have at least 30 days after access ends to request export assistance for available Customer Data and User Content. Access may be limited to export. Assistance charges must be agreed in advance and must not obstruct statutory rights.
30.10 Available Account data will ordinarily be retained for that period, then deleted or de-identified within a reasonable period, except where legal retention, disputes or backups require otherwise. Actual backup arrangements must be explained in the Privacy Policy. Restoration after deletion is not guaranteed.
30.11 Domains, telephone numbers and email services may require transfer or porting. We will not deliberately delete them before the effective cancellation date solely because a cancellation request was submitted.
30.12 Pausing is available only if separately offered and accepted in writing. Disclose its fee and currency, duration, retained data, continuing automations or charges and restart date before it begins. These Terms do not promise a particular pause price or availability.
30.13 If we cease operations, we will take reasonable steps where feasible to provide notice and assist export or transition. Transfer to GHL or another provider depends on technical feasibility, licences and a new agreement. Continuity is not guaranteed.
30.14 Ending the Agreement does not remove accrued payment obligations, existing claims, statutory remedies or provisions intended to survive.
31. SUPPORT SERVICES
31.1 Support channels, hours, response arrangements and included onboarding or training are those disclosed for your plan or separately agreed services. General contact information is available through https://www.brandsuite.com.au.
31.2 Unless included or agreed, support does not cover campaign management, business strategy, configuration of unrelated systems or regulated professional advice.
31.3 Agreed support will be supplied with due care and skill. Response times vary unless a specific service level is agreed. These Terms do not promise seven-day staffing or a particular named AI assistant.
31.4 Automated support may be available. Review suggestions before changing billing, privacy, campaigns or automations. Use the available human support channel if automated guidance does not resolve a service issue.
31.5 You are responsible for testing assets you create unless testing is included in a separate engagement. BrandSuite remains responsible for work it expressly undertakes.
32. COMMUNITY ACCESS AND CONDUCT
32.1 Communities and training groups may be offered as described in your plan or invitation. Rules must be reasonable and communicated.
32.2 Treat others respectfully. Harassment, threats, unlawful discrimination, fraud and unauthorised disclosure of private information are prohibited.
32.3 We may moderate content or restrict access proportionately, giving reasons and a reasonable opportunity to respond where appropriate. Honest criticism, disagreement and complaints are permitted.
32.4 Removing community access does not automatically justify ending an unrelated Subscription. Remedies remain available where an included paid benefit is materially withdrawn.
33. EVENTS OUTSIDE OUR REASONABLE CONTROL
33.1 Neither party is responsible for delay caused by events genuinely beyond its reasonable control to the extent it could not reasonably prevent or mitigate their effects. Payment for services already supplied remains due.
33.2 Notify the other party where practicable, reduce the impact and resume performance promptly.
33.3 If a substantial interruption exceeds 30 days, you may cancel the affected service and receive a pro rata refund of unused prepaid subscription Fees. Statutory remedies may apply sooner.
33.4 A supplier outage or cyber incident does not automatically establish an event beyond BrandSuite’s reasonable control or exclude liability for our own failures.
34. NOTICES
34.1 Send contractual notices to support@brandsuite.com.au. We send notices to your nominated Account email or another notified address. Platform messages may supplement important emails.
34.2 Email is treated as received when it reaches the designated system and is capable of retrieval, unless a delivery failure is received. For contractual deadlines, receipt outside Business Day hours is treated as 9 am the next Business Day, subject to applicable law.
34.3 Keep contact details current. Formal service of legal documents is governed by applicable legal requirements.
35. GENERAL
35.1 We may update these Terms for reasonable business, technical or legal reasons. We will give at least 30 days’ written notice of material changes affecting existing Subscriptions unless urgent legal or security requirements justify shorter notice. Changes are not retrospective. If materially disadvantaged, you may cancel before a change takes effect and receive a pro rata refund of unused prepaid subscription Fees. Continued use after proper notice may indicate acceptance, subject to applicable law.
35.2 The provisions of this Agreement that are capable of having effect after the termination or expiry of this Agreement will remain in full force and effect following the termination or expiry of this Agreement.
35.3 Neither party may assign the Agreement without the other’s consent, not to be unreasonably withheld. BrandSuite may assign it as part of a genuine business sale where the successor assumes our obligations and the transfer does not materially prejudice you. We will give notice and an appropriate cancellation option if materially disadvantaged.
35.4 If either party chooses to waive or ignore a breach of this Agreement, this will not prevent that party from taking action in respect of the same type of breach at a future date.
35.5 Nothing in this Agreement is intended to create or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement. Neither we nor you will have, nor represent that it has, any authority to make any commitments of this kind on the other party’s behalf.
35.6 This Agreement, and the relationship between the parties contemplated by it, is not intended to be exclusive.
35.7 An invalid or unenforceable provision is severed to the extent necessary. Remaining provisions continue if capable of operating lawfully.
35.8 Queensland law governs this Agreement. The parties submit to the non-exclusive jurisdiction of Queensland courts and courts entitled to hear appeals from them. This does not prevent access to another court or tribunal with jurisdiction or displace mandatory protections applying elsewhere.
35.9 The Agreement may be accepted electronically in accordance with applicable electronic transactions laws, including the Electronic Transactions (Queensland) Act 2001 where relevant.
35.10 The Agreement records the agreed subject matter. It does not exclude liability for misleading or deceptive conduct, negate binding purchase representations or remove non-excludable rights.