Master Terms of Service

1. Operating Entity & Scope of Service

These Terms of Service govern the architecture, deployment, hosting, and ongoing maintenance of automated real estate lead qualification systems provided by LeadInPulse (Principal: TAN KOK THYE / Marcus Tan), operating in Malaysia Standard Time (UTC+8). By executing a Statement of Work, paying an architectural deposit, or connecting an inbound portal webhook, the Client (licensed real estate principal or agency) agrees to be bound by these commercial terms.

2. System Deployment & Acceptance Criteria

Deployments are executed across a structured 5–7 business day turnaround: Phase 1 (Setup & Intake), Phase 2 (Configuration & Logic), and Phase 3 (Training & Go-Live).

The system is deemed fully accepted upon the earliest of: (a) completion of the scheduled 30–45 minute walkthrough session; (b) successful end-to-end processing of three live or simulated inquiries; or (c) the expiration of three business days following deployment notification without written technical objection.

3. Payment Terms, Settlement Rails & Surcharges

Deposit & Final Balance: A 50% non-refundable deposit is required prior to architectural kickoff. The remaining 50% balance is due immediately upon completion of Phase 3 or upon processing the first live lead, whichever occurs first.

Settlement Rails & Processing Surcharges:

• Australian Direct Bank Transfer (Wise AUD): 0% surcharge via local BSB, Account Number, PayID, or Osko transfer.
• Credit/Debit Card (Stripe): Incurs a 6.5% international card processing fee for one-off setup fees, and 7.1% for recurring monthly retainer subscriptions.
• PayPal: Cross-border commercial settlement incurs a 9.0% surcharge.

Taxation: Invoices are issued as formal commercial tax invoices for Client operational business expense deduction. Australian GST is 0% (Non-Resident Cross-Border B2B Supply).

Late Accounts: Payments outstanding past 7 business days incur a 5% late fee. If invoices remain unpaid after 14 business days, automated scenarios, carrier number routes, and dossier relays pause automatically until accounts are settled.

4. Monthly Managed Retainer & 100-Lead Fair-Use Cap

To guarantee 24/7 uptime, carrier compliance, Twilio phone leases, and API throughput (Make.com, Twilio, OpenAI/Gemini), systems operate under a mandatory monthly managed hosting retainer starting 30 days post-launch:

• Essential Plan: AUD $147/month (Telegram pings) | AUD $167/month (SMS pings)
• Advanced Plan: AUD $247/month (Telegram pings) | AUD $297/month (SMS pings)
• Ultimate Plan: AUD $397/month (Telegram pings) | AUD $497/month (SMS pings)

Fair-Use Lead Cap: Retainers cover up to 100 processed lead enquiries per calendar month (sufficient for individual agent listing pipelines). High-volume pipelines exceeding 100 leads/month are billed at a flat AUD $0.75 per additional processed lead. Retainers may be cancelled at any time with 30 days' prior written notice.

5. Infrastructure Ownership vs. Client Data Sovereignty

Client Data: The Client retains 100% unrestricted, proprietary ownership of their buyer lists, lead contact details, inspection records, and Google Sheets CRM tables. Data can be exported or purged upon demand.

Proprietary IP: All scenario architecture, routing scripts, prompt calibrations, and Twilio sub-accounts remain housed within the Provider's master agency infrastructure. Retainer termination concludes message delivery; it does not transfer administrative ownership of proprietary Make.com logic. Complete environment migration requires a separately quoted Architecture Migration Package (minimum AUD $2,500).

6. Compliance with the Spam Act 2003 & Australian Consumer Law

Spam Act Warranty: The Client warrants that all lead pipelines hooked into LeadInPulse originate from genuine inbound enquiries (e.g. Realestate.com.au, Domain, web forms, or physical open-home check-ins). The system strictly prohibits unsolicited cold list uploads. Outbound SMS templates include conversational opt-out capabilities complying with the Spam Act 2003 (Cth).

Underquoting & Real Estate Licensing Disclaimer: LeadInPulse is a software automation provider, not a licensed real estate entity, broker, or legal counsel. The Client holds sole statutory responsibility for verifying that property price guides, contract details, and strata notes comply with state real estate regulations (including the Property and Stock Agents Act 2002 (NSW) and equivalent interstate legislation).

7. Limitation of Financial Liability

To the maximum extent permitted by law, the Provider's total aggregate liability arising out of or related to this engagement is strictly capped at the total amount of fees paid by the Client to the Provider in the preceding three (3) months. The Provider is not liable for indirect damages, lost listing commissions, prospective appraisal revenues, third-party carrier delays (Telstra, Optus, Twilio), portal layout alterations, or unintended conversational AI statements.

8. Governing Law & Dispute Resolution

This commercial framework is governed by the laws of Malaysia. The parties agree that any disputes arising from this agreement shall first be submitted to good-faith direct consultation between the Client and TAN KOK THYE before initiating formal legal proceedings.