Line Clerk

Terms of Service and Managed Phone Line Agreement

Version 2026-10-20 · New South Wales law

These terms are the managed phone line and AI receptionist agreement between DIGIGENE PTY LTD ABN 50 671 677 133 (ACN 671 677 133), trading as Line Clerk (we, us), and the business that accepts them at signup (you, the Shop). Checking the box at signup, or clicking Agree in onboarding, is acceptance. No separate contract exchange is required. The person who accepts warrants they are authorised to bind the Shop. You acquire the service for business purposes, not for personal, domestic, or household use.

Notices: us — info@digigene.com. You — the email on your account. Email notice is taken to be received when sent, unless the sender receives an automated failure notice. If it is sent after 5.00 pm Sydney time, or on a day that is not a Business Day in New South Wales, it is taken to be received the next Business Day.

1. The service

We will, during the term, use commercially reasonable efforts to: answer inbound calls to your number with the included assistants (English unless we add another language on written notice under section 14); book visits into your job diary where configured; send approved transactional SMS from the number (initially the booking confirmation below); transfer a caller to your on-call number when the service escalates; and keep call data for you as described in the Privacy Policy.

The service is inbound answering plus approved transactional SMS. It is not a public emergency (000) service, not a substitute for your licensed tradespeople, professionals, or staff, and does not replace your existing published number unless you choose to advertise this one.

The service depends on processors, carriers, and your diary and related tools. We do not guarantee uninterrupted or error-free operation. It may be unavailable during maintenance, carrier or internet failure, processor or diary outage, or other events outside our reasonable control. Uptime figures, if any, are targets only and are not a warranty or a right to credits unless we agree otherwise in writing.

2. AI limitations

The service uses speech recognition, language models, and automation. Those systems are probabilistic. They may mis-hear a caller, mis-book a time or address, give an incomplete or incorrect answer, or fail on noise, accents, or unusual requests. We do not warrant that every call or booking will be accurate.

You will review bookings and diary entries in the ordinary course of business and tell us of material errors. You remain responsible for checking a job before attending or starting work.

We may change models, prompts, voices, or workflows for an included assistant where that does not alter identity, recording, pricing, or booking promises, without notice. Adding or removing a language or assistant, or a change that affects identity, recording, pricing, or booking promises, is made by written notice under section 14. You do not need to reply.

3. Licence of the number (not a sale)

We hold a pool of Australian mobile numbers on our carrier account. At signup you choose one and, during the term, we grant you an exclusive, non-transferable licence to advertise it, receive inbound calls on it, and receive approved transactional SMS from it. Exclusive means we will not licence that number to another customer during the term. The number stays on our carrier account unless it is later ported under this section. This agreement licences the number; it does not sell or assign it.

You must not on-sell or sub-licence the number, or present it as belonging to anyone other than the Shop. The number must not be used for outbound telemarketing, cold calling, or marketing SMS unless we have given written notice under section 14 covering the Do Not Call Register, telemarketing hours, and the Spam Act 2003 as needed.

The carrier that supplies the number (currently Telnyx, or its Australian partner) is the carriage service provider. We are that carrier’s customer and hold the rights of use of the number under the Communications Alliance numbering codes. You are the end user of the number for the term. You do not need to complete any carrier identity check; the carrier’s checks were completed by us when we acquired the number.

The number is registered with the carrier and in the Integrated Public Number Database (IPND) in our name, as an unlisted service. Directory listing is not available. We keep a record of your legal name, ABN, and business address as the end user of the number so we can answer lawful requests and support porting. Tell us promptly if your name, ABN, address, or on-call number changes.

You authorise us to present the number as calling line identification on transfers and SMS for this service.

On termination after the 14-day refund window in section 12, if undisputed fees are paid up and you give written notice within 30 days of the end of the term, we will keep the number active for that period and cooperate to port the number to a carrier you nominate. As rights-of-use holder we will authorise the port and provide the carrier’s port-out PIN, and will not unreasonably delay any verification sent to the number. You pay porting costs. Porting is not guaranteed: the gaining carrier must accept the port, numbering rules apply, and there may be a period when the number does not complete. If you do not request a port within that 30-day period, or undisputed fees remain unpaid after the process in section 12, we may return the number to our pool or disconnect it, and you must stop advertising it. If you cancel during the 14-day refund window, this port right does not apply: the line ends at once and the number returns to our pool.

If the carrier withdraws or requires a change of the number other than because of your breach, we will use reasonable efforts to connect a replacement Australian number from our pool. You decide whether to advertise the replacement.

4. Principal, consumer law, and limited authority

Callers deal with the Shop under your caller-facing name. As between you and your callers, the service is a receptionist tool you use. Statements the service makes from approved scripts and from information you supplied are yours for Australian Consumer Law purposes. You remain responsible for what callers are told about your products, prices, licences, bookings, and consumer guarantees. This does not make us your general agent, partner, or employee. The only authority you give us is to present the number as calling line identification under section 3.

You review and approve the approved scripts when you accept these terms. Later updates to those scripts are made by written notice under section 14; the notice will quote the new wording. Neither party will instruct the service to claim it is a human, a staff member, or the Shop’s owner. If a caller asks, the service must say it is an automated assistant. An opening disclosure to that effect, and that the call may be recorded, is a mandatory feature of the service and must not be disabled.

You are responsible for your advertising of the number and for the accuracy of information you supply (including prices, licences, hours, and booking rules). Each party is responsible for its own compliance with the Australian Consumer Law as it applies to that party.

5. Recording notice

Calls on the number are recorded and transcribed so the service can operate, so you can review bookings, for quality assurance and fault-finding, and to comply with law.

The approved opening disclosure is, in substance: you have reached the Shop; the caller is speaking with an automated assistant; and the call may be recorded. English wording: You’ve reached [your caller-facing name]. I’m an automated assistant. This call may be recorded. How can I help? You accept that notice. You must not tell callers that calls are not recorded.

If a caller objects to recording, the service will use reasonable efforts to offer a transfer to a person. You will keep a reachable on-call number under your control for that purpose.

You are responsible for ensuring your use of the service complies with laws on call recording, surveillance, and interception that apply to your callers, including the Telecommunications (Interception and Access) Act 1979 (Cth) and applicable state and territory surveillance and listening device laws. The opening disclosure is the notice we have agreed for the line. It does not relieve you of responsibility for whether that notice is legally sufficient in each place a caller may be located.

6. SMS

After a completed booking, we may send a factual confirmation from the number, in this form or substantially similar: [your caller-facing name]: [job type] visit booked for [local time]. Address: [address]. To change this booking, call the number this SMS came from. If the caller agreed on the call to send site photos for quoting, we may append Add photos: [url] — a time-limited upload page for that booking, not marketing. If they declined, or the call ended before they answered, the text is sent without that sentence. We may add other transactional SMS (for example a factual quote or reminder) by written notice under section 14. Those messages must not include marketing, sales links, or unrelated offers unless section 3 is satisfied.

You authorise approved SMS under this section and are the organisation that authorised it for the Spam Act 2003. Booking SMS must identify the Shop and is sent only to the mobile the caller confirmed on the call. The number is not a two-way customer-service inbox. Replies may not be read or answered. Callers who need to change a booking should call the number.

7. Shop systems

You will supply and keep current the diary credentials, staff member, opening hours, and booking rules the service needs. You are responsible for the security of those credentials and for activity in your systems. Bookings, availability, and job records in those systems are under your control. We are not liable for diary errors, double-bookings, or missed jobs to the extent they arise from your settings, stale hours, the wrong staff member, or your systems being unavailable.

8. Acceptable use

You must not, and must not ask us to:

We may suspend the number if a carrier, processor, or regulator requires it, or if this section is breached. Where reasonably practicable, we will tell you first and restore the service once the issue is resolved.

9. Privacy and call data

For call data about your callers (audio, transcripts, tool logs, names, phone numbers, addresses, booking details, and related personal information), you are the entity collecting the information (to the extent the Privacy Act 1988 applies to you). We handle that call data as your service provider / processor to operate the service. As between us, you own the call data and grant us a licence to host, process, and disclose it as described in the Privacy Policy.

You will maintain a privacy policy that covers the service, recording and transcripts, booking SMS, overseas disclosure to processors, quality assurance and de-identified product improvement, and how a person can access or correct their information. You will point callers or your website at that policy. If Australian privacy law requires you to disclose that an automated system substantially assists booking or qualification on this line (including reforms expected to apply from 10 December 2026), you will include that disclosure in your privacy policy.

Each party will notify the other promptly if it becomes aware of a data breach affecting call data, and will cooperate reasonably on any assessment or notification under the Notifiable Data Breaches scheme in the Privacy Act 1988 (Cth) to the extent it applies.

10. Human escalation

You will keep your on-call number current. The service may transfer a caller when it cannot complete a booking, the caller asks for a person, the caller objects to recording, or a safety or emergency issue is reported. You remain responsible for after-hours coverage and for briefing whoever answers a transfer that the caller already spoke to an automated assistant and that the call may have been recorded.

11. Intellectual property and confidentiality

We (and our licensors) own the service, software, prompts, configurations, documentation, and all improvements. Nothing in this agreement assigns that intellectual property to you. You own your name, branding, and materials you supply, and own call data as set out above. You grant us a licence to use those materials solely to provide the service and for the quality and improvement uses in the Privacy Policy. You must not copy our prompts or configurations to develop a competing product or service.

Each party must keep the other’s confidential information confidential and use it only to perform this agreement, except for disclosure to personnel, advisers, insurers, or processors who need it and are bound to keep it confidential, or where required by law or a regulator. Call data is your confidential information, subject to our rights in the Privacy Policy.

12. Fees and term

Core plan: $299 AUD exclusive of GST per month, 250 included voice minutes, $0.65 per extra voice minute. There is no setup fee. GST is extra; you must pay GST on a taxable supply against a tax invoice. The plan renews each month until terminated under this section. We charge the payment method you provide, through our payment processor, for the monthly platform fee in advance and for overage in arrears after the billing period. Unused allowances do not roll over. A voice minute is a minute of inbound call time on the number while the automated assistant is handling the call, measured from the duration recorded for that call by the voice platform, rounded up to the next whole minute per call. Time after a transfer to your on-call number, while the caller is speaking with a person, does not count toward the included allowance or overage.

The term starts when you accept these terms and continues month-to-month. You may cancel in the dashboard, or by written notice to the notices address. For 14 days after your first paid subscription, you may cancel for a full refund of that first platform fee: the line ends immediately and the number is not portable. After that window, cancel takes effect at the end of the current paid billing period; the line keeps answering until then. Either party may also terminate immediately for a material breach that is not remedied within 14 days of notice. We may also suspend or terminate if undisputed fees remain unpaid 14 days after a reminder, or if a processor, carrier, or regulator requires it and the requirement cannot reasonably be worked around.

Except as required by the Australian Consumer Law, and except for a cancel during the 14-day refund window above, fees already payable for a billing period are not refundable if you terminate part-way through that period. We may change fees on 30 days’ written notice. You do not need to reply. If you do not accept the change, you may terminate under this section so that termination takes effect on or before the change. If you dispute an invoice in good faith, you must say so in writing within 14 days of the invoice, pay any undisputed part, and cooperate to resolve the rest.

13. Liability

The service is a booking assistant, not a substitute for your licensed tradespeople, professionals, or staff.

To the extent permitted by law, neither party is liable to the other for indirect, special, or consequential loss, or for loss of profit, revenue, goodwill, or business opportunity. To the extent permitted by law, our aggregate liability under this agreement in any 12 months is capped at the greater of (a) the fees you paid in that period (excluding GST and processor pass-through) and (b) the monthly platform fee. The amount in (b) applies even if that fee was waived for some or all of the period. This cap does not apply to our fraud or wilful misconduct, or to our failure to licence the number as promised, except where the carrier withdraws the number and we have used the reasonable efforts described in section 3.

To the extent permitted by law, we are not liable for a missed or wrong booking to the extent caused by: you; a processor or carrier; a caller giving wrong details; the limitations of speech recognition and language models described in section 2, where we have used the commercially reasonable efforts in section 1; your diary settings or outage; or your failure to review bookings or keep on-call details current.

Where the Australian Consumer Law applies to this agreement and permits a limitation, our liability for a failure of a consumer guarantee in relation to services not of a kind ordinarily acquired for personal, domestic, or household use is limited, at our option, to resupplying the services or paying the cost of having them supplied again. Nothing in this agreement limits a right that cannot be excluded under the Australian Consumer Law.

You indemnify us against claims by callers or regulators arising from: your advertising; your products and workmanship; information or scripts you supplied or approved; outbound use of the number you requested; or your privacy policy being inaccurate. That indemnity is reduced to the extent caused by our breach of this agreement, negligence, or wilful misconduct. Each party’s liability is reduced to the extent the other party caused or contributed to the relevant loss. To the extent permitted by law, a claim under this agreement must be started within 12 months of the date the claimant became aware, or ought reasonably to have become aware, of the circumstances giving rise to it.

14. Force majeure and general

Neither party is liable for a failure or delay in performing obligations (other than payment) to the extent caused by events beyond its reasonable control, including natural disaster, epidemic, war, government act, power or telecommunications failure, cyber-attack, and processor, carrier, or shop-systems outage. The affected party must notify the other and take reasonable steps to mitigate. If the event continues for more than 30 days, either party may terminate on written notice.

Governing law: New South Wales. Disputes: courts of NSW. Before filing (other than for urgent relief or unpaid fees), the parties will try in good faith to resolve a dispute for 14 days after written notice.

We may make the following changes by written email notice to the email on your account. You do not need to reply. The change applies from the date in the notice. That date will be at least 14 days after the notice is taken to be received, except fee changes under section 12, which are at least 30 days. You may terminate under section 12 so that termination takes effect on or before that date. If you do not, the change applies from that date. This is not a change by continued use without notice.

That notice process covers: a new dated version of these terms or the Privacy Policy; a change to the approved opening disclosure or booking SMS (the notice must quote the new wording); adding or removing a language or assistant (the notice must quote that line’s opening disclosure); other transactional SMS; outbound telemarketing or marketing SMS (the notice must cover the Do Not Call Register, telemarketing hours, and the Spam Act 2003 as needed); fee changes under section 12; and a new kind of processing or a new country of disclosure under the Privacy Policy. Other amendments must still be in writing (email is enough).

This is the entire agreement for the number and the service. The parties are independent contractors, except for the numbering agency in section 3.

You may not assign this agreement without our written consent (not to be unreasonably withheld on a sale of your business). We may assign this agreement to a purchaser of our business or to a related body corporate, and may subcontract to processors. We remain responsible for our own personnel. If a provision is void or unenforceable (including under the unfair contract terms provisions of the Australian Consumer Law), it is read down or severed and the rest continues. A failure to enforce a right is not a waiver. Sections 3 (porting), 9, 11, and 13 survive termination.