Terms of Service

Arcera is operated by NEW ELITE VENTURES PTY LTD (ABN 96 678 447 384), an Australian company based in Queensland, Australia. References to "Arcera", "we", "us" and "our" mean NEW ELITE VENTURES PTY LTD.

These Terms of Service ("Terms") govern your use of the Arcera website and the managed virtual reception and workflow services provided by Arcera. By using our website or engaging our services, you agree to these Terms.

1. Services

Arcera provides managed virtual reception and workflow services, including configuration, deployment, monitoring and iterative improvement of virtual reception, messaging and workflow systems for client businesses.

2. Scope of engagement

The specific scope, deliverables, integrations, usage allowances and commercial terms for each engagement are defined in the signed proposal, order form or service agreement between Arcera and the client (the "Client Agreement"). Where anything in these Terms conflicts with the Client Agreement, the Client Agreement prevails.

3. Setup and implementation

Setup and implementation require the client to provide accurate business information, operational context, sample scripts, access credentials and any other assets reasonably required. Timelines are dependent on the timely provision of this information.

4. Client responsibilities

• Provide accurate and up-to-date business, product, service and workflow information.
• Ensure appropriate consent has been obtained where end-customer contact details are shared with Arcera.
• Review and approve Arcera Services configuration before it is used with live customers.
• Comply with all applicable laws when using the services, including consumer, telemarketing and privacy laws.
• Have a lawful basis and consent for each contact you ask Arcera to call or text, and maintain accurate do-not-contact lists.

5. AI limitations and human escalation

Automated systems can misinterpret, omit or generate incorrect information. Arcera configures workflows with escalation paths to a human where appropriate, but clients remain responsible for reviewing AI outputs and defining when a human should be involved.

6. No guarantees of business outcomes

Arcera does not guarantee any specific revenue, bookings, conversions, cost savings, response quality or uninterrupted availability. Third-party providers, telephony networks and models may experience outages, degraded performance or changes outside our control.

7. Acceptable use

• Do not use the services to send unsolicited communications in breach of applicable law.
• Do not use the services for unlawful, deceptive, harmful or discriminatory purposes.
• Do not attempt to reverse engineer, disrupt or gain unauthorised access to the services or underlying infrastructure.

Arcera may pause or refuse any campaign it reasonably considers unlawful. Arcera places outbound calls only within legal calling hours and identifies AI assistants at the start of each call.

8. Third-party integrations

The services rely on third-party providers, which may include (without limitation) CRM, telephony, voice AI, workflow automation, payment and analytics providers. Availability, performance and pricing of these providers may change. Where a third-party integration is requested by the client, use of that integration is subject to the third party's own terms.

9. Intellectual property

Arcera retains all rights in its underlying frameworks, templates, prompts, workflow patterns and platform know-how. The client retains ownership of its own business content, brand materials and end-customer data. The client is granted a non-exclusive right to use the configured Arcera Services during the term of the Client Agreement.

10. Confidentiality

Each party will keep the other party's confidential information confidential and use it only for the purpose of performing the engagement.

11. Fees and taxes

Fees are as set out in the Client Agreement and in the Billing Policy. Unless expressly stated otherwise, fees do not include applicable taxes (such as GST), which will be added where required.

12. Suspension and termination

Arcera may suspend or terminate services for non-payment, breach of these Terms or the Client Agreement, unlawful use, or where continuing the service would create material risk. Either party may terminate as set out in the Client Agreement. Cancellation and refund handling is described in the Cancellation & Refund Policy.

13. Limitation of liability

To the maximum extent permitted by law, Arcera's total liability arising out of or in connection with the services is limited to the fees paid by the client to Arcera in the three (3) months immediately preceding the event giving rise to the liability. Arcera is not liable for indirect, incidental, consequential, or loss-of-profits damages. Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.

14. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.

15. Disputes

The parties will first attempt to resolve any dispute in good faith by written notice to hello@arcera.com.au before commencing formal proceedings, except where urgent injunctive relief is required.

16. Contact

For questions about these Terms, contact: hello@arcera.com.au.