1. Introduction and acceptance

These Terms and Conditions (Terms) apply to every purchase of a Package and every Subscription made through the TradieVolt website, the MyVolt portal, or any other TradieVolt order or checkout process (however described).

These Terms are entered into between TradieVolt Pty Ltd (ACN 690 582 033) of 1/151 Victoria Rd, Drummoyne NSW 2047 (TradieVolt, we, us or our) and the person or entity identified in the applicable Order (Customer, you or your).

By placing an Order, ticking a box, clicking “buy”, “subscribe”, “pay now” or an equivalent button, or by otherwise confirming a purchase through checkout or the MyVolt portal, the Customer confirms that it has read, understood and agrees to be bound by these Terms and by the applicable Order, and confirms that it has read and understood the Privacy Policy and consents to TradieVolt handling Personal Information in accordance with it. If the Customer does not agree to these Terms, the Customer must not complete the Order and must not use any Package, the Subscription or MyVolt.

If the Customer is an individual accepting these Terms on behalf of a company, partnership, trust or other entity, that individual confirms they are authorised to bind that entity, and “Customer” means that entity.

These Terms, together with the applicable Order, form the entire agreement between TradieVolt and the Customer in relation to the Package and the Subscription (Agreement).

TradieVolt may communicate with the Customer, provide notices, and make records (including these Terms, an Order, invoices and receipts) available electronically, including by email or through MyVolt. The Customer consents to receiving communications and records in this way and agrees that electronic records are as effective as paper records for all purposes under this Agreement.

These Terms may be amended by TradieVolt from time to time in accordance with clause 25. The version of these Terms in force at the time the Customer places an Order applies to that Order, subject to clause 25.

If there is any inconsistency between these Terms, an Order, and any special or additional terms TradieVolt expressly agrees in writing with a particular Customer, the order of precedence is: first, any such special terms; second, the applicable Order; and third, these Terms, but only to the extent of the inconsistency, and only where the special terms or Order expressly say they are intended to override these Terms.

2. Definitions and Interpretation

2.1 Definitions

In these Terms, unless the context requires otherwise:

• Accrued Credit means a Credit issued to the Customer under clause 9.3 (monthly accrual) or clause 0 (starting Credits), as distinct from a Bonus Credit.
• Active Subscription means that the Customer’s Subscription is then in effect and has not ended, lapsed, or been cancelled, suspended or terminated in accordance with these Terms.
• Agreement has the meaning given in clause 1.5.
• Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as in force from time to time.
• Bespoke Document means a new document commissioned by a subscribing Customer under clause 11, built to the Customer’s brief, as distinct from a Released Document.
• Billing Date means the recurring monthly date on which TradieVolt charges the Subscription Fee to the Customer’s nominated payment method.
• Bonus Credit means a Credit issued to the Customer at TradieVolt’s discretion as a goodwill gesture, and not as an Accrued Credit.
• Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general business in Sydney, New South Wales.
• Change Request means a request, made under clause 12 by a Customer with an Active Subscription, to amend an existing TradieVolt document previously delivered to the Customer and licensed to it under clause 16.2.
• Claim or Claiming means using Credits to obtain a Released Document under clause 10.
• Complete Package means the Package described in clause 3.2, being the Package TradieVolt offers as at the date of these Terms.
• Credit means a unit of the in-membership usage allowance described in clause 9, comprising Accrued Credits and Bonus Credits.
• Customer has the meaning given in clause 1.2.
• Fees means the fees payable for a Package and the Subscription, as set out in the applicable Order, pricing page or checkout page.
• GST means goods and services tax or similar value-added tax imposed under the GST Law.
• GST Law has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and, for a New Zealand supply, the Goods and Services Tax Act 1985 (NZ).
• Introductory Period means the period of complimentary Subscription access described in clause 7, having the term set out in clause 7.3.
• MyVolt means the online portal operated by TradieVolt through which a Customer may manage its Subscription, Credits, documents, payment details and account, and access Network Affiliate Offers.
• Network Affiliate means a third party that offers products, services or information to Customers through MyVolt under clause 13.
• Network Affiliate Offer means any offer, product, service or information made available by a Network Affiliate to Customers through MyVolt under clause 13.
• New Zealand Customer means a Customer whose Order identifies a New Zealand billing or business address, or who otherwise acquires a Package or Subscription for use in New Zealand.
• NZ CGA means the Consumer Guarantees Act 1993 (NZ).
• NZ FTA means the Fair Trading Act 1986 (NZ).
• Order means the order, checkout page, pricing page or other purchase confirmation (including any confirmation email) by which a Customer purchases a Package or a Subscription, identifying the Package or other item purchased, the Fees, and any details specific to that purchase.
• Package means a package of customised business documents and business systems that TradieVolt offers for one-off purchase, as identified in the applicable Order, checkout page or pricing page on the Website, including the Complete Package and any other package TradieVolt may offer from time to time under clause 26.
• Personal Information has the meaning given in the Privacy Act 1988 (Cth) and, for a New Zealand Customer, the Privacy Act 2020 (NZ).
• Privacy Policy means TradieVolt’s privacy policy, as published on the Website at https://tradievolt.com.au/privacy-policy/ and amended from time to time.
• Released Document means a new TradieVolt document made generally available to subscribers, which a Customer may Claim under clause 10.
• Revision Window means the three (3) month period described in clause 5.
• Service Provider means a third party engaged by TradieVolt as its subcontractor to perform services for Customers within the scope of a fixed package of services made available through MyVolt (Service Provider Package), as described in clause 13A, and does not include a Network Affiliate.
• Service Provider Package means a fixed-scope, fixed-price package of services performed by a Service Provider that a Customer may purchase through TradieVolt under clause 14, as identified in the applicable Order, checkout page or pricing page.
• Stripe means Stripe, Inc. and its relevant Australian, New Zealand or other affiliated processing entities, being TradieVolt’s nominated third-party payment processor, or any replacement payment processor TradieVolt notifies to Customers.
• Subscription means the optional, ongoing monthly membership described in clause 6.
• Subscription Fee means the monthly fee payable for the Subscription, as set out in the applicable pricing page or Order.
• Terms means these Terms and Conditions, as amended from time to time in accordance with clause 26.
• Top-Up Payment has the meaning given in clause 9.13.
• TradieVolt, we, us or our has the meaning given in clause 1.2.
• Website means tradievolt.com.au, tradievolt.co.nz and any related domain or subdomain TradieVolt operates.

2.2 Interpretation

In these Terms, unless the context requires otherwise:

• the singular includes the plural and vice versa, and a reference to a gender includes every other gender;
• a reference to a party includes that party’s executors, administrators, successors and permitted assigns;
• a reference to a statute, code or other law includes regulations and other instruments under it, and any amendment, consolidation, re-enactment or replacement of any of them;
• a reference to $ or dollars is a reference to Australian dollars unless the context (including because the Customer is a New Zealand Customer) indicates otherwise;
• headings are for convenience only and do not affect interpretation;
• where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
• “includes” and similar words are not words of limitation; and
• a reference to writing includes email and other electronic communication.

3. Packages

3.1 What a Package is

A Package is a one-off purchase of a custom-built suite of professional business documents and business systems for the Customer’s business, delivered ready to use. TradieVolt may offer more than one Package, and may introduce new Packages, from time to time (clause 26). The specific Package purchased, its contents and its price are identified in the applicable Order, checkout page or pricing page on the Website, which forms part of the Agreement.

3.2 The Complete Package

As at the date of these Terms, TradieVolt’s current Package is the Complete Package, comprising a suite of documents and related assets across three categories: Business Essentials, Employee Essentials and Customer Value Add. The exact list of documents included in the Complete Package at the time of an Order is set out in the applicable Order, checkout page or pricing page on the Website.

3.3 What TradieVolt does with a Package

For each Package, TradieVolt will:

1. build the included documents specifically for the Customer’s business, based on information the Customer provides;
2. incorporate the Customer’s business name and branding into the documents, based on the information the Customer provides;
3. incorporate the Customer’s relevant licence details into the documents, based on the information the Customer provides;
4. incorporate operational specifics of the Customer’s business into the documents, based on the information the Customer provides; and
5. deliver the documents to the Customer ready for use and customised for the Customer’s business, with the Customer responsible for completing any internal implementation and rolling out the documents across its business.

3.4 No guarantee of legal or regulatory sufficiency

TradieVolt customises each Package to the information the Customer provides about its business. TradieVolt does not represent or warrant that the documents comprising a Package are legally compliant, will withstand challenge, are suitable for every use to which the Customer might put them, or are sufficient on their own to satisfy any particular legal, regulatory or licensing requirement that applies to the Customer’s business.

3.5 One Package per entity per trade

A Package covers one business entity only, and one trade only, being the entity and the trade identified in the applicable Order. If the Customer operates, or comes to operate, more than one business entity that requires its own suite of customised documents, a separate Package must be purchased for each additional entity. Similarly, if a single business entity carries on more than one trade (for example, both electrical and plumbing work) and each trade requires its own suite of customised documents, a separate Package must be purchased for each additional trade, even where those trades are carried on by the same entity.

4. Delivery, Formats and Onboarding

4.1 Onboarding

As at the date of these Terms, an onboarding call is included with every Package purchase, to gather the information TradieVolt needs to customise the Customer’s documents. TradieVolt may change, replace or discontinue the onboarding call as its business scales, provided this does not remove or reduce a benefit the Customer has already paid for under an Order already placed.

4.2 Timing of initial delivery

Indicative production and delivery time for a Package is around five (5) Business Days from the date TradieVolt has received all information it reasonably requires from the Customer (including through onboarding) to customise the documents, depending on complexity. This is an estimate only and is not a guaranteed service level. Actual timing may be longer, particularly for larger or more complex Packages, where the Customer’s information is incomplete or delayed, or where iteration is requested.

4.3 Format of documents

Documents comprising a Package are delivered in various file formats, which may include PDF, PNG, DOCX, HTML or other formats, depending on the document. Where a document is intended to be completed by the Customer as part of its ordinary operations (for example, an invoice, quote or warranty form), the Customer is responsible for completing it using its own tools (for example, free PDF form-filling software or other software appropriate to the relevant file format).

On request, TradieVolt may supply a document in a format other than the format in which it was delivered on a best-efforts basis. TradieVolt does not guarantee that any particular format will be available for any particular document, or that a different format will retain the exact formatting or layout of the format in which the document was originally delivered.

4.4 Accuracy of information provided

The documents TradieVolt delivers are only as accurate as the information the Customer provides. The Customer’s obligations to provide accurate and current information are set out in clause 20.

5. Revision Window

5.1 What the Revision Window covers

Every Package purchase includes a three (3) month Revision Window, during which the Customer may request unlimited revisions to the documents delivered as part of that Package, at no additional charge. The Revision Window applies regardless of whether the Customer takes out a Subscription.

5.2 When the Revision Window runs

The Revision Window runs for three (3) months from the date TradieVolt delivers the Package (or, if delivered in stages, the date TradieVolt delivers the final document comprising that Package), not from the date of purchase. The Revision Window is a separate concept from the Subscription and its monthly billing cycle (clause 6); the two run independently of each other and do not affect one another’s start date or duration.

5.3 What is a revision

A revision is a request to amend, correct or adjust a document already delivered as part of the Customer’s Package. For example, correcting an error, updating a detail about the Customer’s business, or adjusting the wording, layout or branding of an existing document. A revision is not the creation of an entirely new, additional document that was not part of the original Package; a request of that kind is a Bespoke Document and is dealt with under clause 11, including its Credit cost and the requirement for an Active Subscription at the time referred to in that clause.

5.4 After the Revision Window closes

Once the three (3) month Revision Window has closed, further revisions to existing documents are available only to Customers with an Active Subscription, as a Change Request under clause 12.

6. Subscription

6.1 An optional membership

The Subscription is an optional, ongoing membership that a Customer may take out in addition to a Package. The Subscription is not required to use the documents delivered as part of a Package. The Subscription provides the benefits described in clause 8.

6.2 No minimum term, no exit fee

The Subscription has no minimum term and no exit fee. The Customer may cancel the Subscription at any time in accordance with clause 6.5.

6.3 Billing

The Subscription is billed monthly in advance, in the amount of the Subscription Fee then in effect, to the Customer’s nominated payment method through Stripe.

6.4 When Subscription billing starts

The Subscription’s billing cycle is separate from, and runs independently of, the three (3) month Revision Window described in clause 5. When the Subscription’s billing cycle starts, and when the Customer is first charged the Subscription Fee, depends on how and when the Customer takes out the Subscription, as follows:

1. if the Customer takes out the Subscription in conjunction with a Package at checkout, the Customer is entitled to an Introductory Period under clause 7. The Subscription commences from the date of that Order, even though the Package may not yet have been delivered, no Subscription Fee is charged during the Introductory Period, and paid billing commences from the first Billing Date after the Introductory Period ends, in accordance with clause 7.4; and
2. if the Customer takes out the Subscription later, through MyVolt, no Introductory Period applies, and the Subscription’s billing cycle commences, and the Customer is charged the Subscription Fee, immediately from the date the Customer subscribes.

A Customer may take out the Subscription at any time, including after its three (3) month Revision Window (if any) has closed.

6.5 Cancelling the Subscription

1. The Customer may cancel the Subscription at any time through MyVolt.
2. A cancellation takes effect at the end of the then-current monthly period: the Subscription remains active, and the Customer continues to have access, until the end of the period for which the Customer has already been charged, and the Customer is not charged the Subscription Fee for any subsequent period. To stop the next charge, the Customer must cancel before the next Billing Date; a cancellation made on or after the next Billing Date takes effect at the end of the following monthly period, and the Customer remains liable for the charge already processed for the then-current period.
3. No part of a Subscription Fee already charged for a period during which the Subscription was active is refunded merely because the Customer cancelled during that period.
4. This clause does not affect the Customer’s rights in respect of Credits, which are dealt with under clause 9, or any right the Customer has under the ACL, the NZ CGA or the NZ FTA that cannot lawfully be excluded, restricted or modified.

6.6 Subscription Fee changes

1. TradieVolt does not guarantee that Package or Subscription pricing will stay the same over time, and Fees are reviewed periodically. If TradieVolt increases the Subscription Fee, it will give existing subscribing Customers at least thirty (30) days’ written notice (which may be given by email or through MyVolt) before the increased Subscription Fee takes effect for that Customer.
2. The increased Subscription Fee will not take effect until the first Billing Date that falls at least thirty (30) days after that notice is given, so that the Customer always has a full opportunity to cancel under clause 6.5 before being charged the increased Subscription Fee. If the Customer does not wish to continue at the increased Subscription Fee, the Customer may cancel the Subscription under clause 6.5 before the increase takes effect, without any exit fee or penalty; a Customer who cancels in accordance with this clause before the increase takes effect will not be charged the increased Subscription Fee.
3. TradieVolt will not increase the Subscription Fee for a Customer more than once in any rolling twelve (12) month period, calculated from the date on which the last Subscription Fee increase took effect for that Customer.
4. This clause does not limit clause 26 (future Packages and changes to these Terms).

7. Introductory Subscription Period

7.1 Eligibility

A Customer who purchases the Complete Package and does not opt out of the Subscription at the time of that purchase receives the Introductory Period: a period of complimentary Subscription access at no charge, having the term set out in clause 7.3. Because the Revision Window runs for three (3) months from delivery, the Introductory Period will last three (3) months plus the period between the Order and delivery, and so may exceed three (3) months. The Subscription is added by default, and the Customer must deselect it at checkout if the Customer does not wish to take it up. A Customer who opts out of the Subscription at checkout will not receive the Subscription or the Introductory Period as part of that purchase, but may subscribe later through MyVolt in accordance with clause 6.4(b).

7.2 Opting out

At checkout, the Subscription is presented as a separate, pre-selected (pre-ticked) option that is included by default. TradieVolt will clearly and prominently disclose at checkout, before the Customer completes the Order, that the Subscription is included by default, the Subscription Fee that will apply after the Introductory Period, the fact that the Subscription will automatically convert to paid monthly billing at the end of the Introductory Period unless cancelled, and how the Customer may deselect the Subscription or later cancel it. To complete a Package purchase without the Subscription, the Customer must affirmatively deselect (untick) the Subscription option at checkout. The Customer’s failure to deselect the Subscription at checkout constitutes the Customer opting in for the purposes of this clause 7.

7.3 Term of Introductory Period

The Introductory Period commences on the date of the Order for the Complete Package (that is, at the same point the Subscription’s billing clock would otherwise start under clause 6.4(a)), regardless of when the Package itself is delivered, and continues until the Revision Window for that Complete Package expires under clause 5.2.

7.4 What happens at the end of the Introductory Period

1. Unless the Customer cancels before the Introductory Period ends (in accordance with clause 6.5, applied to the last day of the Introductory Period as if it were a Billing Date), the Subscription automatically continues, and converts to a paid monthly Subscription at the Subscription Fee then in effect, from the first Billing Date on or after the day the Introductory Period ends under clause 7.3 (being the day the Revision Window for the Complete Package expires under clause 5.2).
2. For a Customer who receives an Introductory Period, the first Billing Date is the day the Introductory Period ends (determined under clause 7.3), and subsequent Billing Dates recur monthly from that date.
3. TradieVolt will notify the Customer of the end date of the Introductory Period and of the date paid billing will commence a reasonable time before that conversion occurs, by email or through MyVolt.

7.5 No obligation to remain subscribed

The Customer is never obliged to remain subscribed for any minimum period, including during or after the Introductory Period. The Customer may cancel at any time through MyVolt, in accordance with clause 6.5, whether during the Introductory Period or afterwards.

7.6 One Introductory Period per Package purchase

The Introductory Period is available once per Complete Package purchase where the Customer has not opted out of the Subscription at checkout. It is not available to a Customer who opted out of the Subscription at checkout and later subscribes through MyVolt. That Customer’s Subscription is billed from the date it commences, under clause 6.4(b).

8. Subscription Benefits

8.1 Current Benefits

While the Subscription is an Active Subscription, it currently provides the Customer with the benefits described below. These benefits describe the Subscription as at the date of these Terms and are indicative only. TradieVolt may introduce particular benefits progressively, and a particular benefit may not be available at all times, without that constituting a breach of these Terms. TradieVolt may add to, remove or modify these benefits from time to time in accordance with clause 8.3:

1. access to new Released Documents as they become available, which the Customer may Claim using Credits (clause 10);
2. the ability to commission new Bespoke Documents built to the Customer’s brief, using Credits (clause 11);
3. access to Service Provider Packages, Network Affiliate Offers and information through MyVolt (clause 13);
4. ongoing, unlimited Change Requests to existing TradieVolt documents previously delivered to the Customer and licensed to it under clause 16.2 (clause 12); and
5. any other benefits TradieVolt makes available to subscribing Customers from time to time, on the terms notified by TradieVolt.

8.2 Which benefits use Credits

Benefits (a) and (b) above are Credit-based. The Customer must have and use sufficient Credits to Claim a Released Document or commission a Bespoke Document, in each case in accordance with clause 9. Benefits (c) and (d) above do not generally require Credits, but do require an Active Subscription at the relevant time described in clauses 13 and 12 respectively.

TradieVolt may make available particular benefits, offerings or Network Affiliate Offers (for example, a fixed allocation of professional consultation time) that include a Credit-redemption component, in which case the applicable Credit cost and any related conditions will be notified to the Customer before the Customer redeems that benefit, and clause 9 applies to any Credits so used.

Where a benefit that includes a Credit-redemption component is a Network Affiliate Offer, it is supplied by the relevant Network Affiliate and clause 13 (including clause 13.6) governs the supplier and liability position, and the redemption of Credits does not make TradieVolt the supplier or increase its liability. Where such a benefit is instead supplied by TradieVolt as principal (for example, as part of a Service Provider Package), clause 14 governs, and TradieVolt’s responsibility is as set out in that clause. The applicable characterisation and the relevant clause will be notified to the Customer before the Customer redeems the benefit.

8.3 Changes to subscription benefits

TradieVolt may add, remove or modify the benefits available under the Subscription from time to time, including to introduce new benefits or retire benefits that are no longer offered. TradieVolt will give Customers reasonable advance notice (by email or through MyVolt) of any change that removes a benefit or materially reduces its value, before that change takes effect. A change to subscription benefits under this clause does not reduce or remove any Credits the Customer already holds, does not affect the Customer’s rights in respect of a Bespoke Document or Change Request already agreed before the change took effect. If a change under this clause materially reduces the value of the Subscription to the Customer, the Customer may cancel under clause 6.5 without exit fee or penalty.

9. Credits

9.1 What Credits are

Credits are an in-membership usage allowance used to Claim Released Documents (clause 10), to commission Bespoke Documents (clause 11), and to redeem any other benefit, offering or Network Affiliate Offer that TradieVolt makes available with a Credit-redemption component in accordance with clause 8.2. Credits have no application outside the Subscription and are not a substitute for the Subscription Fee, which must be paid regardless of whether the Customer holds or uses any Credits.

9.2 Types of Credits

There are two kinds of Credit, and this clause 9 applies differently to each:

1. Accrued Credits are issued to the Customer under clauses 9.3 and 9.4 as part of an Active Subscription, at no separate charge;
2. Bonus Credits are issued to the Customer at TradieVolt’s sole discretion, for example as a goodwill gesture;

9.3 Monthly accrual

For each month that the Subscription remains an Active Subscription, the Customer is issued one (1) Accrued Credit.

9.4 Starting Credits

A Customer who does not opt out of the Subscription at the time of purchasing the Complete Package receives two (2) Accrued Credits as a starting allocation, in addition to (and before) any Credit issued under clause 9.3. This starting allocation is available once only per Customer, and is not issued again if the Customer later cancels and re-subscribes. It is not available to a Customer who opts out of the Subscription at the time of that purchase and later subscribes through MyVolt. Being Accrued Credits, the starting allocation is otherwise subject to clause 9.7 (including as to expiry and reinstatement on re-subscription).

9.5 Credit value

1. Credits are an internal usage measure and do not represent a purchase price or monetary value (see clause 9.9).
2. As a default guide, one Credit corresponds to approximately one page of document work, so that the indicative Credit cost of Claiming a Released Document or commissioning a Bespoke Document is around one Credit per page (for example, a five-page document would indicatively cost five Credits).
3. Notwithstanding clause 9.5(b), TradieVolt may set the Credit cost of a particular Released Document or Bespoke Document at its reasonable discretion, having regard to factors beyond page length (including the nature, complexity, value and amount of document work involved), so that a shorter document may cost more Credits than a longer one.

9.6 Order in which Credits are spent

Where the Customer holds more than one (1) Credit, Credits are spent in order of expiry, so that the Credit expiring soonest (that is, the oldest Credit) is spent first. Where two (2) or more Credits expire on the same date, Accrued Credits are spent before Bonus Credits. TradieVolt and the Customer may agree a different order for a particular transaction.

9.7 Expiry of Accrued Credits

Each Accrued Credit expires six (6) months after the date it is issued, whether or not the Subscription remains an Active Subscription, after which it expires and is no longer available for use. If the Subscription is cancelled, any Accrued Credits the Customer then holds remain available until their applicable six (6) month expiry date, and if the Customer re-subscribes before that date TradieVolt will reinstate the Accrued Credits that have not yet expired.

9.8 Bonus Credits

Bonus Credits have no cash value, cannot be purchased, and are not refundable under any circumstance, including on cancellation of the Subscription. Each Bonus Credit expires six (6) months after the date it is issued, after which it expires and is no longer available for use. If the Subscription is cancelled and the Customer re-subscribes before a Bonus Credit’s six (6) month expiry date, TradieVolt will reinstate that Bonus Credit.

9.9 Credits are not transferable, redeemable for cash, or of monetary value to the Customer

Credits of any kind:

1. cannot be transferred, assigned, sold or gifted by the Customer to any other person, or pooled or shared between different Customer accounts;
2. cannot be redeemed or exchanged for cash or any other form of value; and
3. have no monetary value to the Customer.

9.10 Credits on cancellation

Accrued Credits held at cancellation remain available for use only to the extent clause 9.7 allows (that is, during the six (6) month post-cancellation window), since Claiming a Released Document or commissioning a Bespoke Document both require an Active Subscription under clauses 10 and 11. A Credit that has been validly spent to Claim a Released Document or to commission a Bespoke Document is treated as irrevocably used at the time it is spent, regardless of the later outcome of that Claim or commission, except where these Terms expressly say otherwise (including clauses 11.3 and 11.7).

9.11 Promotions and Credit system changes

1. TradieVolt may in future, and at its sole discretion, run Credit-based promotions or competitions (for example, bonus Credits on purchase). These are not available as at the date of these Terms and will be governed by their own published terms when introduced, together with these Terms.
2. TradieVolt may also change the mechanics of the Credit system described in this clause 9 from time to time, in accordance with clause 26, but any such change will not reduce the number of Credits the Customer already holds at the time of the change, and will not increase the Credit cost of a Released Document or Bespoke Document that TradieVolt has already made known to the Customer and that the Customer has committed to Claiming or commissioning under clause 11.

9.12 Refunds, chargebacks, fraud and misuse

TradieVolt may withhold, cancel or reverse Credits, and may decline to act on a Claim or commission, where TradieVolt reasonably suspects fraud, misuse of the Credit system, or a breach of these Terms by the Customer, pending investigation and resolution of that issue.

9.13 Top-Up Payment

Where the Customer wishes to Claim a Released Document or commission a Bespoke Document but does not hold sufficient Credits to meet the applicable Credit cost determined under clause 9.5, TradieVolt may (but is not obliged to) allow the Customer to pay the difference in money (a Top-Up Payment) to make up the shortfall, in which case:

1. TradieVolt will notify the Customer of the number of Credits short and the corresponding Top-Up Payment amount before the Customer commits to the Claim or commission;
2. the Top-Up Payment is calculated by reference to TradieVolt’s then-current per-Credit top-up rate, as notified to the Customer at that time;
3. the Customer must still have an Active Subscription at the relevant time required by clauses 10 and 11, and a Top-Up Payment does not remove that requirement or entitle the Customer to Claim or commission without an Active Subscription;
4. any Credits the Customer does hold are applied first (in the order set out in clause 9.7), and the Top-Up Payment covers only the remaining shortfall;
5. the Top-Up Payment is processed through Stripe in accordance with clause 15 and, once the relevant Claim or commission proceeds, is non-refundable except to the extent these Terms expressly provide (including clauses 11.3 and 11.7) or as required by the ACL, the NZ CGA or the NZ FTA that cannot lawfully be excluded, restricted or modified; and
6. making a Top-Up Payment does not give the Customer any Credit balance, monetary value or entitlement beyond the specific Claim or commission for which it is paid, and does not give Credits any cash or monetary value, consistent with clauses 9.9 and 9.10.

10. Claiming Released Documents

Where an actively subscribing Customer Claims a Released Document:

1. the number of Credits representing the applicable Credit cost of that document, as determined under clause 9.5, is deducted from the Customer’s Credit balance at the time of the Claim, in the order set out in clause 9.6, and, where the Customer does not hold sufficient Credits to meet that Credit cost, the Customer may make up the shortfall by way of a Top-Up Payment under clause 9.13;
2. the Customer does not need to have an Active Subscription at the time TradieVolt delivers the Released Document. Provided the Customer had an Active Subscription when the Claim was made, TradieVolt will deliver the Released Document even if the Subscription has since ended, lapsed or been cancelled; and
3. if the Customer’s Subscription is cancelled, suspended or lapses after the Claim is made but before the Released Document is delivered, TradieVolt will still deliver the Released Document, but the Customer’s access to MyVolt will become limited in accordance with clause 23.3, and no Change Request in respect of that document will be actioned unless and until the Customer holds an Active Subscription.

11. Bespoke Documents

11.1 What a Bespoke Document is

A Bespoke Document is a new document, commissioned by a Customer with an Active Subscription and built to that Customer’s brief, that is a single, self-contained deliverable broadly comparable in scope to a document included in the Complete Package. Where the Customer does not hold sufficient Credits to meet the applicable Credit cost of a Bespoke Document, the Customer may make up the shortfall by way of a Top-Up Payment under clause 9.13. Bespoke Document commissions are subject to TradieVolt’s right to decline a commission under clause 11.3.

11.2 Requests spanning multiple documents

Where a Customer’s request involves multiple linked documents or a substantial, multi-part system, TradieVolt may agree the scope of the commission with the Customer in advance, and will allocate Credits based on the scope and amount of document work reasonably required. TradieVolt does not currently intend to decline a request based on its subject matter or document type, but may decline or limit a request where necessary to comply with law, to avoid a conflict of interest, or for another good reason TradieVolt notifies to the Customer.

11.3 Right to decline a commission

TradieVolt may decline, or decline to proceed with, any Bespoke Document commission (in whole or in part) where the request is not technically or practically feasible, would be unreasonable or disproportionate having regard to the Credits allocated, is outside the reasonable scope of TradieVolt’s document services, would require the provision of legal or other professional advice, or cannot reasonably be produced for any other good reason TradieVolt notifies to the Customer. Where TradieVolt declines a commission under this clause, any Credits spent on that commission are reinstated to the Customer’s account.

11.4 Timing

Indicative production time for a Bespoke Document is around ten (10) Business Days from the date the scope of the commission is agreed, depending on complexity. This is an estimate only and is not a guaranteed service level. Actual timing may be longer, particularly for more complex commissions or where iteration is requested.

11.5 Iteration

As at the date of these Terms, TradieVolt does not cap the number of iteration rounds available on a Bespoke Document commission whilst the Customer remains an Active Subscriber. TradieVolt may review and change this position in the future, in accordance with clause 26.

11.6 Delivery not conditional on Active Subscription

A Bespoke Document is delivered to the Customer whether or not the Customer has an Active Subscription at the time of delivery, provided the Customer had an Active Subscription when the commission was requested and agreed. If the Subscription has ended, lapsed or been cancelled before delivery, TradieVolt will still deliver the Bespoke Document, but the Customer’s access to MyVolt will become limited in accordance with clause 23.3, and no Change Request in respect of that document will be actioned unless and until the Customer holds an Active Subscription.

11.7 Cancellation before delivery

If the Customer’s Subscription is cancelled, suspended or lapses after a Bespoke Document commission is requested or agreed, but before TradieVolt delivers it, TradieVolt will still deliver the Bespoke Document. Credits already spent on that commission are not refunded merely because the Subscription was cancelled. After delivery, the Customer’s access to MyVolt will become limited in accordance with clause 23.3, and no Change Request in respect of that document will be actioned unless and until the Customer holds an Active Subscription.

12. Change Requests to existing documents

12.1 Unlimited Change Requests while subscribed

While the Subscription is an Active Subscription, the Customer may make unlimited Change Requests to existing TradieVolt documents previously delivered to the Customer and licensed to it under clause 16.2.

12.2 Meaning of Change Request

A Change Request is a single, clearly described amendment to a document previously delivered to the Customer and licensed to it under clause 16.2. For example, updating a detail, correcting an error, or adjusting wording or layout. A Change Request is not the commissioning of a new, additional document; a request of that kind is a Bespoke Document under clause 11.

12.3 No Credits deducted

No Credits are deducted for a Change Request.

12.4 Active Subscription

Change Requests are available only while the Subscription is an Active Subscription at the time the request is made.

12.5 Turnaround time

TradieVolt will use reasonable efforts to complete Change Requests promptly, but does not commit to a specific turnaround time for any particular Change Request.

12.6 TradieVolt to hold current version

While the Subscription is an Active Subscription, TradieVolt is responsible for holding the current version of each document previously delivered to the Customer and licensed to it under clause 16.2, in accordance with clause 23.5, and will action Change Requests under clause 12.1 from the copy it holds. The Customer is not required to provide, locate or produce a document in order to make a Change Request while its Subscription is active. Where TradieVolt no longer holds a copy of a document (for example, because the Customer’s Subscription previously lapsed or was cancelled and TradieVolt’s retention period under clause 23.5 has since expired), TradieVolt is not obliged to locate, reconstruct or recreate that document, and may treat a request to recreate such a document as the commissioning of a Bespoke Document under clause 11 (including as to Credit cost). Nothing in this clause limits the Customer’s rights under the ACL, the NZ CGA or the NZ FTA that cannot lawfully be excluded, restricted or modified.

13. Network Affiliates

13.1 Access while subscribed

While the Subscription is an Active Subscription, the Customer may access offers, products, services and information made available by Network Affiliates through MyVolt.

13.2 Network Affiliate is the supplier

Network Affiliate Offers are provided by the relevant Network Affiliate, not by TradieVolt. TradieVolt is not the supplier of any product or service offered by a Network Affiliate.

13.3 No guarantee or endorsement

TradieVolt does not guarantee the availability, quality, suitability, pricing, performance or continued existence of any Network Affiliate Offer, and does not endorse any Network Affiliate or Network Affiliate Offer merely by making it available through MyVolt.

13.4 Direct Customer – Network Affiliate dealings

Any transaction the Customer enters into with a Network Affiliate is solely between the Customer and that Network Affiliate. The Network Affiliate’s own terms and conditions may apply to that transaction, and the Customer is responsible for reviewing them before proceeding.

13.5 Personal Information

Where the Customer asks TradieVolt to connect it with a Network Affiliate, or otherwise indicates it wishes to take up a Network Affiliate Offer, the Customer authorises and consents to TradieVolt disclosing to the relevant Network Affiliate the Customer’s contact details and other information reasonably necessary to facilitate that introduction. Other than to make an introduction the Customer has requested, TradieVolt does not provide the Customer’s Personal Information to a Network Affiliate. Whether to request an introduction, whether to engage with a Network Affiliate Offer, and whether to share any further information with that Network Affiliate in doing so, is the Customer’s choice. Once TradieVolt has made the introduction, any further handling of the Customer’s Personal Information by the Network Affiliate is governed by that Network Affiliate’s own privacy practices. TradieVolt’s Privacy Policy explains how TradieVolt handles Personal Information in connection with Network Affiliate Offers, including the disclosure of contact details described in this clause.

13.6 No liability for Network Affiliates

To the extent permitted by law, TradieVolt is not responsible or liable for any Network Affiliate, Network Affiliate Offer, or any product, service, act or omission of a Network Affiliate. The redemption of Credits in connection with a Network Affiliate Offer does not make TradieVolt the supplier of that offer, does not increase or expand TradieVolt’s responsibility or liability in respect of that offer or the relevant Network Affiliate, and does not otherwise affect the operation of this clause 13; the Network Affiliate remains the supplier of the relevant product or service, and clauses 13.2 to 13.5 continue to apply.

14. Service Providers

14.1 Meaning of Service Provider

A Service Provider is a third party that performs services for Customers. Unlike a Network Affiliate (which merely makes offers, products, services or information available through MyVolt under clause 13), a Service Provider is engaged through TradieVolt to perform a Service Provider Package, being a fixed-scope, fixed-price package of services, as identified in the applicable Order, checkout page or pricing page.

14.2 Fixed-scope work

Where a Customer purchases an Service Provider Package, the Customer transacts through TradieVolt and pays TradieVolt the applicable Fee for that Service Provider Package through Stripe in accordance with clause 14. The scope of the Service Provider Package is limited to the services described in the applicable Order, checkout page or pricing page.

14.3 TradieVolt as principal

TradieVolt supplies each Service Provider Package to the Customer as principal and engages the Service Provider as its subcontractor to perform the services comprising that Service Provider Package. The Service Provider is not a party to these Terms and does not itself contract with the Customer in respect of a Service Provider Package. As between TradieVolt and the Customer, TradieVolt remains responsible for the supply of the Service Provider Package, subject to clauses 18 (Consumer guarantees) and 21 (Liability), which apply to a Service Provider Package in the same way they apply to TradieVolt’s other services, including the exclusion of loss in clause 21.2 and the aggregate liability cap in clause 21.5.

To the maximum extent permitted by law, and subject to clauses 18 and 21.1, the Customer’s sole recourse in respect of the performance of a Service Provider Package is against TradieVolt, and the Customer must not bring any claim directly against the Service Provider in respect of that Service Provider Package. Nothing in this clause limits or affects TradieVolt’s rights against the Service Provider under its separate arrangements with that Service Provider, including any right of indemnity or contribution.

14.4 Direct engagements

If a Customer wishes to engage a Service Provider for services outside the scope of an Service Provider Package, the Customer may engage that Service Provider directly. Any such direct engagement is a separate arrangement between the Customer and the Service Provider on the Service Provider’s own terms. TradieVolt is not a party to that direct engagement, does not collect payment for it, and, to the extent permitted by law, is not responsible or liable for it or for any service, act or omission of the Service Provider under it.

14.5 No guarantee or endorsement

TradieVolt does not guarantee the availability, quality, suitability, pricing, performance or continued existence of any Service Provider or Service Provider Package, and does not endorse any Service Provider merely by making an Service Provider Package available through MyVolt.

14.6 Consumer guarantees

Nothing in this clause 14 excludes, restricts or modifies any guarantee, right or remedy under the ACL, the NZ CGA or the NZ FTA that cannot lawfully be excluded, restricted or modified. Clauses 17 and 20 apply to any liability of TradieVolt arising in connection with an Service Provider Package.

15. Payment, billing and Stripe

15.1 Stripe as payment processor

All payments under these Terms (for a Package and the Subscription) are processed through Stripe.

Where the Customer stores, manages or updates its payment details through MyVolt (including to enable the recurring Subscription charges the Customer authorises under clause 15.3), those payment details are collected, stored, processed and secured by Stripe and/or other third-party payment providers TradieVolt engages for that purpose, in accordance with their own terms and privacy practices, which the Customer should review separately.

TradieVolt does not itself receive, store or process the Customer’s full card or account details, except to the extent (if any) necessarily incidental to operating MyVolt and facilitating payment through those providers. To the extent that TradieVolt holds or has access to any card or account details, or other payment-related Personal Information, through MyVolt, TradieVolt will handle those details in accordance with the Privacy Policy.

Stripe and any other such provider act as independent payment processors and are not TradieVolt’s agent. To the extent permitted by law, TradieVolt is not responsible for the acts or omissions of Stripe or any such provider as a processor, or for the storage or security of any payment details held by them, except to the extent required by law.

15.2 Upfront payment for Packages

The Fee for a Package is payable in full, upfront, at the time of the Order.

15.3 Recurring Subscription charges

By taking out the Subscription, the Customer authorises TradieVolt to charge the Subscription Fee to the Customer’s nominated payment method through Stripe on each Billing Date, until the Subscription is cancelled in accordance with clause 6.5. The Customer must keep its nominated payment method current, valid and capable of accepting these charges, and may update its payment details at any time through MyVolt.

15.4 Failed or overdue payments

If a payment is not successfully processed when due:

1. TradieVolt (or Stripe on TradieVolt’s behalf) may make reasonable further attempts to process the payment;
2. TradieVolt will notify the Customer of the failed payment, by email or through MyVolt;
3. TradieVolt may suspend the Customer’s access to the Subscription and MyVolt, but not the Customer’s use of documents already delivered (see clause 15.5), while the payment remains outstanding; and
4. if the payment remains outstanding for a period TradieVolt considers reasonable after notifying the Customer, TradieVolt may treat the Subscription as cancelled for non-payment, without affecting any Fees already due.

15.5 Documents already delivered are not affected

Suspension or cancellation of the Subscription for failed or overdue payment does not affect the Customer’s rights to keep and use documents already delivered as part of a Package, a Claimed Document or a Bespoke Document, under the perpetual licence in clause 16.

15.6 Chargebacks and disputed payments

If the Customer disputes a charge, the Customer should contact TradieVolt in the first instance so the matter can be resolved directly, rather than initiating a chargeback with its card issuer or bank. If a chargeback is nonetheless initiated, TradieVolt may suspend the Customer’s Subscription, MyVolt access and any pending Claim or Bespoke Document commission until the chargeback is resolved, and may charge the Customer for any reasonable costs TradieVolt incurs as a direct result of an unsuccessful or unwarranted chargeback, to the extent permitted by law.

15.7 Refunds

Refunds are provided where required by the consumer guarantees described in clause 18 or the NZ CGA or NZ FTA (as applicable), and as otherwise expressly provided in these Terms (including the Credit refund provisions in clause 9). Otherwise, and subject to those rights, all Fees are non-refundable, and TradieVolt does not offer refunds for Package purchases or Subscription Fees, including where the Customer changes its mind, no longer requires a Package or the Subscription, or does not use the Subscription, any Credits or any documents. Nothing in these Terms limits a right the Customer has under the ACL, the NZ CGA or the NZ FTA that cannot lawfully be excluded, restricted or modified.

15.8 Taxes and GST

Fees quoted for the Complete Package and the Subscription in Australia are inclusive of GST, unless stated otherwise on the applicable pricing page or Order. Pricing and GST treatment for New Zealand Customers is dealt with in clause 22.

16. Intellectual property

16.1 TradieVolt’s ownership

As between TradieVolt and the Customer, TradieVolt owns all intellectual property rights in and to the underlying templates, document systems, methodologies, platform materials, reusable structures, and all other TradieVolt materials used to create the Customer’s customised documents (TradieVolt IP).

Nothing in these Terms transfers ownership of any TradieVolt IP to the Customer.

16.2 Perpetual licence to the Customer’s own documents

On payment of the applicable Fee, TradieVolt grants the Customer a perpetual, non-exclusive, royalty-free licence to use, reproduce and adapt the documents TradieVolt customises for the Customer under a Package, a Claimed Document or a Bespoke Document (Customer Documents), for the purposes of operating the Customer’s own business.

16.3 Permitted use

The licence in clause 16.2 permits the Customer to use its Customer Documents in the ordinary course of its business, including by:

1. providing a Customer Document to its employees, contractors, professional advisers, insurers, regulators, customers or other third parties, where reasonably necessary for the Customer to operate its business;
2. printing, copying and storing Customer Documents for the Customer’s own use; and
3. making reasonable adjustments to a Customer Document for the Customer’s own use, without TradieVolt’s assistance, provided this does not involve reproducing, extracting or repurposing the underlying TradieVolt IP for a purpose beyond that Customer Document.

16.4 Restriction on use

The licence in clause 16.2 does not permit the Customer to:

1. resell, redistribute, sublicense or repackage a Customer Document or any TradieVolt IP, other than by using the Customer Document for the Customer’s own business as permitted by clause 16.3;
2. commercially exploit TradieVolt’s underlying templates, document systems or other TradieVolt IP, whether alone or as incorporated in a Customer Document, other than by using the Customer Document for the Customer’s own business as permitted by clause 16.3; or
3. share the underlying TradieVolt IP (as opposed to a completed Customer Document) with any third party, other than as reasonably necessary for the Customer’s own business use as described in clause 16.3(a).

16.5 Customer-provided material

The Customer retains ownership of its own branding, business information, logos and other material it provides to TradieVolt (Customer Material).

The Customer grants TradieVolt a non-exclusive, royalty-free licence to use Customer Material for the purpose of creating, delivering and supporting the Customer’s Customer Documents.

The Customer grants TradieVolt a non-exclusive, royalty-free licence to use the Customer’s name, logo and branding to identify the Customer as a customer of TradieVolt and to promote and market TradieVolt’s products and services (including on the Website, in MyVolt, and in case studies, testimonials and other promotional materials, whether in print, online or on social media). TradieVolt will use such Customer Material in a manner that is not misleading and that does not disparage the Customer, and will cease any particular marketing use within a reasonable time after the Customer notifies TradieVolt in writing that it wishes to opt out of that use.

Except as set out in this clause, TradieVolt will not use Customer Material for any other purpose without the Customer’s consent.

16.6 Third-party materials

Where a Customer Document incorporates material sourced from a third party (other than TradieVolt or the Customer), the Customer’s rights to use that material are limited to whatever rights TradieVolt or the relevant third party has in fact made available, and the Customer is responsible for satisfying itself as to the nature and scope of those rights. TradieVolt is under no obligation to identify, disclose or advise the Customer of the existence, source, scope or terms of any such third-party rights.

Unless TradieVolt expressly provides otherwise in writing, TradieVolt does not purport to own, and does not represent or warrant that it owns or has the right to license, any such third-party material, and the Customer is responsible for satisfying itself as to, and for obtaining, any further rights, licences or permissions it requires to use that third-party material.

Where the Customer provides, or directs TradieVolt to incorporate, any third-party material (including a third party’s name, logo, branding, trade mark, image, review or testimonial) for inclusion in a Customer Document or in any testimonial, case study or other promotional material, the Customer represents and warrants that it has all necessary rights, licences, consents and authority to provide that material and to authorise its use for that purpose. The Customer authorises TradieVolt to rely on that representation and warranty, and TradieVolt is entitled to assume, without independent verification, that the Customer has obtained all such rights, licences, consents and authority. To the maximum extent permitted by law, and subject to clauses 18 and 21.1, TradieVolt is not responsible or liable for any claim, loss, cost or liability arising out of or in connection with the use of any such third-party material provided or directed by the Customer, including any claim that the material infringes the rights of a third party or was used without authority, and the Customer is responsible for any such use.

16.7 Improvements

TradieVolt owns any improvement, adaptation or derivative work TradieVolt makes to its underlying templates, document systems or methodologies, including one developed in the course of producing or revising a particular Customer’s Customer Documents (including in the course of commissioning and building a Bespoke Document), except to the extent that improvement consists only of Customer Material.

17. Nature of the documents

TradieVolt’s documents are business and operational documents. They are not legal advice, compliance advice, or other professional advice, and are not tailored to the Customer’s specific legal, regulatory or professional circumstances beyond the business information the Customer provides to TradieVolt.

TradieVolt does not provide legal, compliance, financial, insurance, taxation or other professional advice to the Customer through its documents, MyVolt, or otherwise, and no TradieVolt document should be treated as a substitute for obtaining appropriate professional advice specific to the Customer’s business.

Whether a document complies with legislation, an industry standard, a licensing requirement or another regulatory obligation that applies to the Customer depends on the Customer’s actual operations, the information the Customer has provided, and how the Customer implements and uses the document. The Customer is responsible for reviewing each document and deciding whether it is appropriate for the Customer’s particular circumstances, and for obtaining its own professional advice where appropriate.

TradieVolt does not represent or guarantee that using a TradieVolt document will prevent, avoid or succeed in defending any claim, dispute, prosecution, regulatory action, employment claim, insurance issue or other liability the Customer may face.

Nothing in this clause 17 is intended to exclude, restrict or modify a consumer guarantee or other right under the ACL, the NZ CGA or the NZ FTA that cannot lawfully be excluded, restricted or modified.

18. Consumer guarantees

18.1 Statutory rights preserved

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy the Customer has under the ACL (for an Australian Customer) or the NZ CGA or NZ FTA (for a New Zealand Customer) that cannot lawfully be excluded, restricted or modified, and nothing in these Terms is to be interpreted as an attempt to do so. Where TradieVolt’s services fail to meet a consumer guarantee that cannot lawfully be excluded, the Customer is entitled to the remedies the law provides, in addition to any other rights TradieVolt gives the Customer under these Terms.

18.2 Australian Customers

For an Australian Customer, consumer guarantees that cannot be excluded apply under the ACL to the supply of TradieVolt’s services. To the extent permitted by section 64A of the ACL, because TradieVolt’s services are not of a kind ordinarily acquired for personal, domestic or household use, TradieVolt’s liability for a failure to comply with a consumer guarantee is limited, at TradieVolt’s election, to one or more of: supplying the services again; or paying the reasonable cost of having the services supplied again, except where it would not be fair or reasonable to rely on that limitation in the circumstances.

18.3 New Zealand Customers

For a New Zealand Customer, consumer guarantees apply under the NZ CGA to the supply of TradieVolt’s services, and the NZ FTA prohibits misleading or deceptive conduct and unsubstantiated representations. Because the New Zealand Customer acquires TradieVolt’s services for the purposes of a business, TradieVolt and the Customer agree, for the purposes of section 43 of the NZ CGA, that the guarantees in the NZ CGA do not apply to the supply of TradieVolt’s services to that Customer, and that clause 21 (Liability) instead applies to the exclusion identified in this clause; the parties consider this fair and reasonable having regard to, among other things, the price of TradieVolt’s services relative to a consumer transaction, the business (rather than personal, domestic or household) purpose for which the services are acquired, and the respective bargaining positions of TradieVolt and the Customer. Nothing in this clause 18.3 excludes or limits any right or remedy of a New Zealand Customer under the NZ FTA, which cannot lawfully be contracted out of.

19. MyVolt platform

19.1 Meaning of MyVolt

MyVolt is the online portal through which a Customer may manage its Subscription and Credits, submit Claims, Bespoke Document commissions and Change Requests, access Network Affiliate Offers, and manage its account. TradieVolt is not a job management, scheduling, quoting or customer relationship management platform, and MyVolt does not integrate with, or synchronise data with, any third-party platform via an API or otherwise, whether now or (unless TradieVolt says otherwise) in the future.

19.2 Guidance only

Any guidance or resources TradieVolt makes available on MyVolt about using a third-party platform alongside TradieVolt’s documents is guidance only. TradieVolt does not warrant that such guidance will remain accurate or that compatibility with a third-party platform will continue if that platform changes.

19.3 Account security

The Customer is responsible for keeping its MyVolt account credentials secure and confidential, and for all activity that occurs under its account (including any access to or changes to its payment details), except to the extent caused by TradieVolt’s own act or omission. The Customer must notify TradieVolt promptly if it becomes aware of any unauthorised access to, or use of, its MyVolt account.

19.4 Availability, maintenance and outages

TradieVolt will use reasonable efforts to keep MyVolt available, but does not guarantee that MyVolt will be available at all times or free from interruption, error or fault. TradieVolt may suspend access to MyVolt for scheduled or emergency maintenance, and will use reasonable efforts to give advance notice of scheduled maintenance likely to cause more than brief disruption. MyVolt is hosted by a third-party hosting provider, and TradieVolt is not responsible for an outage or fault caused by that provider’s infrastructure, except to the extent TradieVolt fails to take reasonable steps to address a hosting issue within its control. TradieVolt’s handling of Personal Information hosted or stored through that provider is governed by the Privacy Policy.

19.5 Changes to functionality

TradieVolt may change, add to or remove functionality within MyVolt from time to time, including as part of a change to subscription benefits under clause 8.3, provided this is done consistently with that clause.

19.6 Suspension and misuse

TradieVolt may suspend or restrict the Customer’s access to MyVolt where TradieVolt reasonably believes the Customer has misused MyVolt, breached these Terms, engaged in fraudulent conduct, or attempted to gain unauthorised access to another person’s account or to TradieVolt’s systems, in each case for so long as reasonably necessary to investigate and address the issue.

20. Customer obligations

The Customer must:

1. provide accurate, current and complete information during onboarding and otherwise in connection with an Order, including business, branding, licence and operational information, and promptly notify TradieVolt of any material change to that information that would affect the accuracy of a Customer Document;
2. review each Customer Document TradieVolt delivers and satisfy itself, including by obtaining its own professional advice where appropriate, that the document is appropriate for the Customer’s particular circumstances before relying on or implementing it;
3. implement and use its Customer Documents appropriately in its business, and comply with all laws, industry standards and licensing requirements that apply to the Customer’s business, independently of anything in a Customer Document;
4. promptly review each Customer Document TradieVolt delivers and provide any feedback, corrections or revision requests to TradieVolt within a reasonable time, so that TradieVolt has a fair opportunity to action them, and in particular (where the Customer wishes to rely on the Revision Window under clause 5) within the three (3) month Revision Window. The Customer acknowledges that revisions requested during the Revision Window require the Customer to respond and engage in a timely manner, and that the Customer’s failure to review a document or communicate requested changes within a reasonable time (including where the Customer raises dissatisfaction only towards the end of the Revision Window without having previously communicated the requested changes) is not a failure by TradieVolt to comply with these Terms;
5. keep its MyVolt account credentials secure, in accordance with clause 19.3;
6. not share, reproduce, exploit or permit any third party to share, reproduce or exploit TradieVolt’s underlying templates, document systems or other TradieVolt IP, other than as permitted under clause 16;
7. pay all Fees when due and maintain a valid, current payment method capable of accepting the charges described in clause 15;
8. use MyVolt and the Subscription only for the Customer’s own business, and not on behalf of, or for resale to, any other person; and
9. retain and keep secure its own complete and current copies of all Customer Documents delivered to it (including the most recent version of any document that has been revised or the subject of a Change Request), so that if reasonably necessary, the Customer can produce the most recent version of a document if and when it wishes to request a Change Request, including after cancelling and later re-subscribing. The Customer acknowledges that TradieVolt retains copies only as set out in clause 23.5 and, outside the periods described in that clause, is otherwise not responsible for maintaining the Customer’s records.

21. Liability

21.1 Consumer guarantees prevail

This clause 21 is subject to clause 18 (Consumer guarantees). Nothing in this clause 21 excludes, restricts, limits or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted, limited or modified under the ACL, the NZ CGA or the NZ FTA, including the limited liability permitted by section 64A of the ACL as set out in clause 18.2 and the New Zealand-specific position in clause 18.3.

21.2 Exclusion of certain loss

To the maximum extent permitted by law, and subject to clauses 18 and 21.4, TradieVolt is not liable to the Customer for any indirect or consequential loss, or for loss of profits, revenue, business opportunity or goodwill, or for business interruption, arising out of or in connection with these Terms, a Package, the Subscription, Credits, a Customer Document, MyVolt, or a Network Affiliate Offer, whether the liability arises in contract, tort (including negligence), under statute or otherwise.

21.3 Reliance and implementation

To the maximum extent permitted by law, and subject to clauses 18 and 21.4, TradieVolt is not liable for any loss arising from the Customer’s implementation of a Customer Document, the Customer’s reliance on a Customer Document as if it were legal, compliance or other professional advice (which no Customer Document constitutes – see clause 17), or a third party’s claim against the Customer that relates to how the Customer has used or implemented a Customer Document, except to the extent that loss is caused by TradieVolt’s failure to comply with a consumer guarantee that cannot lawfully be excluded.

21.4 Network Affiliate Offers

Clause 13.6 deals with TradieVolt’s liability for Network Affiliate Offers.

21.5 Aggregate liability cap

Subject to clauses 18 and 21.5, TradieVolt’s total aggregate liability to the Customer arising out of or in connection with these Terms, however arising (whether in contract, tort including negligence, under statute or otherwise), is limited to the total Fees actually paid by the Customer to TradieVolt in the 12 months immediately before the event giving rise to the liability.

22. New Zealand customers

These Terms apply to New Zealand Customers, subject to the following:

1. Pricing for a Package and the Subscription for a New Zealand Customer is, as set out in the applicable Order, checkout page or pricing page for New Zealand Customers.
2. Clause 18.3 (rather than clause 18.2) sets out how the consumer guarantee regime applies to a New Zealand Customer.
3. Clause 24.2 sets out the governing law and jurisdiction provisions applicable to a New Zealand Customer.
4. A reference in these Terms to a New Zealand statute (including the NZ CGA, the NZ FTA and the Privacy Act 2020 (NZ)) applies only to a New Zealand Customer, to the extent that statute applies to the supply of TradieVolt’s services to that Customer.

23. Termination and cancellation

23.1 Cancellation by the Customer

The Customer may cancel the Subscription at any time through MyVolt, in accordance with clause 6.5. A Package purchase is a one-off, upfront purchase and is not itself something the Customer “cancels” once the Package has been delivered, although the Customer’s statutory rights under clause 18 continue to apply.

23.2 Suspension or termination by TradieVolt

TradieVolt may suspend the Customer’s access to the Subscription, Credits or MyVolt in the circumstances described in clauses 15.4 (failed payment), 15.6 (chargebacks), 9.12 (fraud or misuse of Credits) and 19.6 (misuse of MyVolt).

TradieVolt may terminate the Subscription on written notice if the Customer commits a material breach of these Terms that is not remedied within a reasonable time after TradieVolt notifies the Customer of the breach and requests that it be remedied, or immediately, on notice, if the breach is not capable of remedy.

23.3 Effect of ending the Subscription

When the Subscription ends, for any reason:

1. the Customer’s rights to use its existing Customer Documents under the perpetual licence in clause 16.2 are not affected and continue;
2. the Customer’s Accrued Credits are dealt with under clauses 9.7 and 9.10 (including the six (6) month availability window and restoration on re-subscription within that window);
3. the Customer’s Bonus Credits are dealt with under clause 9.8;
4. a pending Bespoke Document commission or Claim not yet delivered is dealt with under clauses 11.7 and 10.1(c) respectively, and a pending Change Request that has not yet been completed lapses, without affecting any Change Request already completed;
5. the Customer’s access to MyVolt is limited and to Network Affiliate Offers ends;
6. any Fees due and unpaid as at the date the Subscription ends remain payable; and
7. clauses 16 (intellectual property), 17 (nature of the documents), 18 (consumer guarantees), 21 (liability), and any other clause that by its nature is intended to survive, continue in effect.

23.4 Termination for breach where a Package is involved

If TradieVolt terminates for the Customer’s material breach under clause 23.2, this does not affect the Customer’s rights to use Customer Documents from a Package already delivered under clause 16.2, but TradieVolt may decline to deliver an outstanding Claim, Bespoke Document or Change Request while the breach is unremedied.

23.5 Document retention by TradieVolt

While the Customer holds an Active Subscription, TradieVolt will retain a copy of the current version of the Customer’s Customer Documents, so that it can action Change Requests under clause 12. TradieVolt will use reasonable efforts to retain that copy for a further period of six (6) months after the Subscription ends or the Agreement is otherwise terminated. After that six (6) month period, TradieVolt may delete those copies and is not obliged to retain, restore or provide any copy of a Customer Document. The Customer is encouraged to keep its own copies of its Customer Documents, particularly to cover any period during which TradieVolt is not required to hold a copy.

24. Dispute resolution, governing law and jurisdiction

24.1 Resolving a dispute

If a dispute arises under these Terms, the Customer should first raise it with TradieVolt through the contact details on the Website, so TradieVolt can try to resolve it directly. Nothing in this clause 23.1 prevents the Customer exercising a right it has under the ACL, the NZ CGA, the NZ FTA, or before a court, regulator or ombudsman scheme, at any time.

24.2 Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia, and TradieVolt and the Customer each submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts. For a New Zealand Customer, this clause 23.2 does not limit any right that Customer has under New Zealand law to bring proceedings in a New Zealand court in respect of a right that cannot lawfully be excluded or limited (including under the NZ CGA or the NZ FTA).

25. Privacy

TradieVolt collects, uses, discloses and stores Personal Information in accordance with its Privacy Policy, which forms part of the Agreement. For an Australian Customer, TradieVolt handles Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For a New Zealand Customer, TradieVolt handles Personal Information in accordance with the Privacy Act 2020 (NZ). The Privacy Policy explains, among other things, what Personal Information TradieVolt collects, how it is used and disclosed (including to service providers and, where relevant, offshore), and how the Customer may access or correct its Personal Information.

26. Future packages, trades and changes to these Terms

26.1 New Packages, trades and offerings

TradieVolt may, from time to time, introduce additional Packages, extend its offering to trades other than licensed electrical contractors, introduce new or different subscription offerings, additional Network Affiliate benefits, additional Credit products, additional document libraries, and future promotions. These Terms apply to any such new Package, offering or product, together with the specific terms set out in the applicable Order, checkout page or pricing page for that Package, offering or product, which forms part of the Agreement for that purchase.

26.2 Changing these Terms

TradieVolt may amend these Terms from time to time, including to reflect a new Package, a change in law, or a change to TradieVolt’s business. Where a change is more than minor or is not merely clarifying, TradieVolt will give Customers with an Active Subscription reasonable advance notice of the change (by email or through MyVolt) before it takes effect for that Customer.

26.3 No retrospective removal of accrued rights

A change to these Terms under clause 26.2 does not apply retrospectively to reduce or remove a right the Customer has already accrued under a previous version of these Terms (including the perpetual licence to a Customer Document already delivered, Credits already held, or a Bespoke Document, Claim or Change Request already agreed) except to the extent required by law. Continued use of the Subscription or MyVolt after a change to these Terms takes effect constitutes acceptance of the change. If the Customer does not agree to a change, the Customer’s remedy is to cancel the Subscription under clause 6.5.

27. General

27.1 Notices

A notice under these Terms may be given by email to the address the Customer has provided to TradieVolt (or, for a notice from the Customer to TradieVolt, to the contact address on the Website), or through MyVolt, and is treated as received when sent, unless the sender receives an automated message indicating it was not delivered.

27.2 Assignment

The Customer must not assign, novate or transfer its rights or obligations under these Terms without TradieVolt’s prior written consent, which must not be unreasonably withheld. TradieVolt may assign or transfer its rights and obligations under these Terms, including in connection with a sale or restructure of its business, provided this does not reduce the Customer’s rights under these Terms.

27.3 Severability

If a provision of these Terms is or becomes illegal, void or unenforceable, that provision is to be read down, or severed if it cannot be read down, to the extent necessary to make it valid or enforceable, without affecting the validity or enforceability of the remainder of these Terms.

27.4 No waiver

A failure or delay by TradieVolt in exercising a right under these Terms does not operate as a waiver of that right, and a single or partial exercise of a right does not prevent a further exercise of that or another right.

27.5 Entire agreement

The Agreement (as defined in clause 1.5) is the entire agreement between TradieVolt and the Customer in relation to its subject matter, and supersedes all prior discussions, negotiations and agreements between them on that subject matter.

27.6 Force majeure

TradieVolt is not liable for a failure or delay in performing its obligations under these Terms to the extent that failure or delay is caused by an event beyond TradieVolt’s reasonable control, provided TradieVolt uses reasonable efforts to minimise the effect of that event and to resume performance as soon as reasonably practicable.

27.7 Contact

Questions about these Terms, a Package, the Subscription or MyVolt can be directed to TradieVolt using the contact details on the Website.