Terms & Conditions

These Terms & Conditions govern the service relationship between Krew60 and its clients. Please read them carefully before engaging our services. Nothing in these Terms limits any right you may have under the Australian Consumer Law. Where you engage The Front Office Foundation, these Terms are read together with, and do not override, the Service Agreement and Payment Terms, which govern scope, pricing, timelines, cancellation and guarantees. If there is any inconsistency between this page and the Service Agreement or Payment Terms, the Service Agreement and Payment Terms prevail.

1. Introduction

These Terms & Conditions ("Terms") constitute a binding agreement between Shine to Success Collective Pty Ltd ABN 54 684 627 058 trading as Krew60 ("we", "us", "our") and the individual or entity engaging our services ("you", "Client").

Krew60 builds and runs a done-for-you AI front office for trade and service businesses in Australia, the United States, and the United Kingdom. Your Krew handles calls, leads, follow-up, admin, reviews, and marketing around the clock, on top of the job-management software you already use.

By engaging our services, making payment, or accessing any system we build or manage on your behalf, you agree to be bound by these Terms together with our Privacy Policy, and, where you purchase The Front Office Foundation, the Service Agreement and Payment Terms.

If you do not agree, you must not engage our services.

2. Our Services

Krew60's core engagement is The Front Office Foundation, made up of two parts:

• The Setup: a done-for-you build of your front office, the Core Five: Receptionist, Sales & Follow-Up, Admin & Ops, Reviews, and Marketing, each doing one defined job. All five roles are set up and operating within 30 days of your setup payment clearing, backed by the guarantee in section 10.
• The Monthly Plan: ongoing operation, hosting, maintenance, support, and tuning of your Krew after go-live, with all five jobs working around the clock.

After your setup payment clears, your engagement runs in five stages:

• Onboarding: you complete the onboarding form and an onboarding session with our Team, giving us the information, access, and decisions we need.
• Build: we set up the Service and connect it to your systems from what you give us at onboarding.
• Review and Test: we take you through the build and test it with you, including test calls and messages.
• Approve: you approve the build, or tell us what needs changing and we fix it.
• Go Live: the Service goes live once you have approved it and the setup fee has been paid in full.

The full deliverables, stages, and timelines are set out in the Service Agreement, which supplements these Terms. In the event of any inconsistency, the Service Agreement prevails in relation to scope, deliverables and timelines.

All builds, onboarding sessions, and consultations are delivered remotely by video call.

3. Eligibility

To engage our services, you must:

• Be at least 18 years of age.
• Be engaging our services for a business, and have the legal capacity and authority to enter into a binding contract for that business in your jurisdiction.
• Provide accurate, current, and complete information at onboarding, including all business details, brand assets, and access credentials required for us to complete your build.

You represent and warrant that all information and materials you provide to us are accurate, that you have the right to provide them, and that their use by us to build and configure your system will not infringe any third-party rights.

4. Client Responsibilities

The quality and timeliness of your build depends in part on your active participation. You agree to:

• Complete your onboarding promptly after your setup payment clears.
• Grant us the access we need to the systems and accounts required for the build, within the first 72 hours after signing.
• Nominate a person who can make decisions and give approvals during the build.
• Provide the information, access, and assets we request within 24 to 48 hours of each request, and give approvals promptly. Our guarantee timeframe (section 10) depends on this.
• Maintain any third-party accounts required to operate your Krew, where those accounts are held in your name.
• Hold any licences, registrations, or consents your business needs to operate, and to make the calls and send the messages the Service sends on your behalf.
• Ensure that any content, offers, or business practices your system is built around comply with all applicable laws and advertising standards.

We are not responsible for delays in delivery caused by your failure to provide required materials, access or approvals on time. In such cases, the delivery timeline is extended by at least the length of the delay.

5. Fees and Payment

Our fees consist of:

• The Setup Fee: a one-time fee, paid either in full or in two payments 14 days apart, as chosen on your order form. Build work starts once the first payment clears. The Service goes live only once the Setup Fee has been paid in full.
• The Monthly Plan Fee: a recurring fee payable monthly in advance, with your first payment charged 30 days after your setup payment date (a deferred start, not a free trial), as set out in the Payment Terms.
• Usage charges: calls, texts, emails, and image or content generation carried out by your Krew, billed at cost on top of the Monthly Plan.

Current prices by market (AUD, USD, and GBP), usage charges, and tax treatment are set out in full in the Payment Terms, which prevail over any figure stated elsewhere. Any third-party software you choose to buy is billed to you by that provider, and we will tell you what is needed and the expected cost before you buy it.

Payment is due by the date specified on your invoice, Service Agreement, or the Payment Terms. If payment is not received when due, we may suspend access to your system and services until the outstanding amount is paid in full, as set out in the Payment Terms.

Refunds are governed by the Payment Terms: a 72-hour full-refund window on the Setup Fee, and the whole-build-in-30-days guarantee (section 10). Outside of those, fees are non-refundable except as required under the Australian Consumer Law or other law that cannot be excluded.

6. Cancellation

The Monthly Plan has a minimum term of three months from the date of your first Monthly Plan payment, as set out in the Payment Terms. You are liable for three monthly payments in total during the minimum term, whether or not you continue to use the service during that period.

After the minimum term, you may cancel your Monthly Plan by providing at least 30 days' written notice to [email protected]. Your plan, and billing, continue through the notice period.

Cancellation of the Monthly Plan does not affect any outstanding Setup Fee obligations.

On cancellation or termination:

• You have 7 days from the end date to export your Client Data, as set out in the Service Agreement.
• You will retain ownership of all content and data you provided to us.
• Your right to use the system assets we built for you ends with this agreement, subject to section 7 below.

7. Intellectual Property

You retain full ownership of all content, brand assets, copy, and materials you provide to us for the purpose of building your system.

We retain ownership of the Krew60 platform and the underlying frameworks, methods, templates, prompts, automations, and configurations used to deliver the Krew60 service, including any improvements made while delivering your Setup. These are proprietary to Shine to Success Collective Pty Ltd.

For the term of this agreement, you are granted a non-exclusive, non-transferable licence to use the system assets we build for you within your own business operations. This licence ends when this agreement ends and does not permit you to copy, resell, sublicense, reverse engineer, or transfer those assets to third parties.

The Krew60 name, branding, and any associated marks remain the exclusive property of Shine to Success Collective Pty Ltd.

8. Confidentiality

Both parties agree to keep confidential any proprietary, commercially sensitive, or non-public information disclosed by the other party in connection with the engagement ("Confidential Information").

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party.
• Was already known to the receiving party before disclosure.
• Is independently developed by the receiving party without reference to the Confidential Information.
• Is required to be disclosed by law or a regulatory authority, provided the disclosing party gives the other party reasonable prior notice where legally permitted.

This obligation continues for 2 years following the end of the engagement.

9. Client Data and Privacy

You own your Client Data, meaning the information and records you provide or that the Service generates for you, including contact records, call recordings, transcripts, message history, and bookings. You grant us the right to use, host, process, and transmit Client Data as needed to provide the Service. We handle personal information in line with our Privacy Policy.

Because the Service speaks to your customers on your behalf, you are responsible for:

• Having a lawful basis to collect and use your customers' information, and giving your customers your own privacy notice.
• Any notice or consent your local laws require for call recording, and for telling callers they may be speaking with an AI. We will help you configure this.
• The accuracy and lawfulness of the Client Data you give us, and only sharing login credentials you are authorised to share.

10. Results and Our Guarantee

We build your front office according to the scope set out in your Service Agreement. The Service uses automated systems and AI. We do not guarantee that it will be uninterrupted or error-free, or that it will produce any specific business outcome, revenue, lead volume, number of jobs, conversion rate, or other commercial result. Results depend on many factors outside our control, including your offer, your team, your service area, and market conditions. Any case studies, examples, or figures shared in our marketing or sales materials are illustrative and are not typical or guaranteed.

We do give one specific guarantee, set out in full in section 8 of the Service Agreement: the whole build live in 30 days, or the build is on us. If we do not have all five roles set up and operating within 30 days of your setup payment clearing, for reasons on our side, you may request a full refund of the Setup Fee and keep whatever has been built. This guarantee depends on you providing what we ask for within 24 to 48 hours of each request.

11. Acceptable Use

In using the systems and assets we build and manage for you, you agree to:

• Comply with all laws and regulations that apply in each market you operate in, including consumer, spam, telemarketing, call recording, and privacy laws (in Australia, for example, the Australian Consumer Law, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and the Privacy Act 1988 (Cth)), and any advertising standards applicable to your industry.
• Not use your system to send unsolicited commercial messages, spam, or any communication that does not comply with applicable consent and unsubscribe requirements.
• Not use your system for any unlawful, fraudulent, deceptive, harassing, or harmful purpose, or to impersonate another person or business.
• Not make false or misleading claims or representations in any marketing activity conducted through your system.

You are responsible for the content of the scripts, offers, and messages you approve for the Service to deliver on your behalf. We may suspend our services immediately if we become aware of a suspected material breach of this clause, pending resolution of the issue.

12. Consumer Guarantees Under Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a remedy for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services resupplied if the failure does not amount to a major failure.

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by legislation that cannot lawfully be excluded or limited. If you are outside Australia, the same applies to any non-excludable rights under the laws of your country.

13. Limitation of Liability

To the fullest extent permitted by law, and subject to section 12 above:

• We are not liable for any indirect, incidental, consequential, or special loss or damage arising from your use of the systems we build or manage, including loss of revenue, profits, business, data, or opportunity.
• Our total aggregate liability to you for any claim arising under or in connection with these Terms is limited to the total fees you paid to us in the 3 months immediately preceding the event giving rise to the claim.
• We are not liable for any failure or delay in delivering services caused by circumstances outside our reasonable control, including platform outages, third-party service disruptions, or your failure to provide required materials on time.

14. Termination by Us

We may suspend our services if an amount remains unpaid for 7 days after it falls due. We may terminate our services to you, without liability, if:

• An amount remains unpaid for 30 days after it falls due.
• You breach any material provision of these Terms and do not remedy the breach within 14 days of written notice.
• You use the systems we build for any unlawful, deceptive, or harmful purpose.
• You provide false or misleading information at onboarding or during the engagement.
• A platform provider withdraws a service the Service depends on.

If we terminate for any of the above reasons, no refund of fees already paid will be issued, and any unpaid minimum-term Monthly Plan payments remain due. You will still have 7 days following termination to export your Client Data.

15. Dispute Resolution

If a dispute arises in connection with these Terms or our services, the parties must follow this process before commencing legal proceedings:

• The party raising the dispute must give written notice to the other party describing the nature of the dispute and the outcome sought.
• The parties must attempt to resolve the dispute by good-faith negotiation within 14 days of the notice being received.
• If the dispute is not resolved within 14 days, either party may refer it to mediation before a mediator agreed between the parties or, if not agreed, nominated by the Australian Disputes Centre.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court where necessary to protect their rights, or us from recovering an overdue amount.

16. Governing Law

These Terms are governed by the laws of New South Wales, Australia, wherever you are located. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

17. General

Entire agreement: These Terms, together with your Service Agreement, Payment Terms, and Privacy Policy, constitute the entire agreement between you and us and supersede all prior representations, discussions, or agreements.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining Terms will continue in full force.

Waiver: A failure by us to exercise any right under these Terms does not constitute a waiver of that right.

Assignment: We may assign our rights and obligations under these Terms without your consent. You may not assign your rights without our prior written consent.

Relationship: We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship, except that you authorise us to send communications and make bookings on your behalf as part of the Service.

Notices: Written notices to us must be sent to [email protected], except cancellation notices, billing questions, and refund requests, which must be sent to [email protected]. Notices to you will be sent to the email address provided at onboarding.