These Terms and Conditions ("Agreement") govern your use of the AI Receptionist service ("Service") provided by Cohen Media House Pty Ltd (ABN to be confirmed) ("we", "us", "Cohen Media House", "the Provider"). By subscribing to or using the Service, you ("Client", "you") agree to be bound by this Agreement in its entirety.
"AI Receptionist" means the artificial intelligence-powered telephone answering and call handling system configured and deployed by Cohen Media House on behalf of the Client.
"Call Data" means all data generated during the operation of the Service, including but not limited to call recordings, transcripts, caller information, call duration, call intent classification and booking data.
"Included Minutes" means the number of call handling minutes included in the Client's selected pricing plan per billing period.
"Buffer Minutes" means the additional minutes beyond Included Minutes that the Service will continue to operate before overage charges apply.
"Overage" means call handling minutes consumed beyond the Included Minutes and Buffer Minutes allocation.
"Dashboard" means the web-based portal provided to the Client for viewing call logs, transcripts, analytics and account information.
"Business Information" means all information provided by the Client for the purpose of training and configuring the AI Receptionist, including FAQs, pricing, services, operating hours, booking rules, tone of voice guidance and any other business-specific data.
The AI Receptionist is a cloud-based artificial intelligence system that answers inbound telephone calls on behalf of the Client's business. The Service may include:
The AI Receptionist is not a substitute for qualified human advice. The Service:
The Client acknowledges that the Service uses artificial intelligence technology that, while sophisticated, may occasionally:
Cohen Media House will work to continuously improve performance but does not guarantee error-free operation.
The Client agrees to:
All calls handled by the AI Receptionist may be recorded and transcribed for the following purposes:
The Client acknowledges and consents to this recording. The Client is solely responsible for ensuring that callers are informed of call recording where required by applicable law.
Call Data is stored securely using industry-standard encryption and access controls. Data is hosted on infrastructure provided by our technology partners, which may include servers located in Australia, the United States or other jurisdictions. Where data is transferred outside Australia, we ensure appropriate safeguards are in place consistent with the Australian Privacy Principles.
Call Data is retained for the duration of the Client's active subscription plus 90 days following cancellation, after which it is permanently deleted unless otherwise required by law or agreed in writing.
The Client retains ownership of all Business Information provided to Cohen Media House. Call Data generated during the operation of the Service is owned jointly: the Client owns and may access, export or delete their Call Data at any time; Cohen Media House retains the right to use anonymised and aggregated data for service improvement, analytics and product development.
Cohen Media House handles all personal information collected through the Service in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our full Privacy Policy is available at /privacy.
Personal information collected from callers (including phone numbers, names, enquiry details and booking information) is:
Where the Service integrates with third-party platforms (e.g. SevenRooms, ResDiary, calendar systems), data may be shared with those platforms as necessary to perform the integration. The Client is responsible for reviewing and agreeing to the terms and privacy policies of any third-party platforms.
The Client agrees not to use the Service to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of the Service without refund.
Cohen Media House targets 99.5% uptime for the AI Receptionist service, measured on a monthly basis. This excludes scheduled maintenance windows, which will be communicated to the Client in advance where possible.
Downtime caused by the following is excluded from uptime calculations:
The Service does not currently include service level credits. Cohen Media House will make commercially reasonable efforts to restore service promptly in the event of any outage.
The Service is offered on a monthly subscription basis. Pricing details, including Included Minutes, Buffer Minutes and Overage rates, are set out in the Client's selected plan and may be viewed at /ai-receptionist.
Subscription fees are billed monthly in advance. Payment is due on the billing date and must be made via the accepted payment methods. Failure to pay may result in suspension of the Service.
If the Client exceeds their Included Minutes plus Buffer Minutes in any billing period, overage charges will apply at the rate specified in their selected plan. Overage charges are billed in arrears at the end of the billing period.
Cohen Media House reserves the right to adjust pricing with 30 days' written notice. Existing Clients will be offered the option to continue at their current rate for the remainder of their current billing period.
All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be applied where applicable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
The Service is designed for legitimate inbound business call handling. Cohen Media House reserves the right to review and take action on accounts that exhibit unusual usage patterns, including but not limited to:
If we identify potential misuse, we will contact the Client before taking any action. Persistent misuse may result in plan reassessment, additional charges or service suspension.
To the maximum extent permitted by law, Cohen Media House's total aggregate liability to the Client for any and all claims arising out of or in connection with this Agreement shall not exceed the total fees paid by the Client to Cohen Media House in the 3 months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by law, Cohen Media House shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to:
The Service is provided "as is" and "as available." To the maximum extent permitted by law, Cohen Media House disclaims all warranties, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability and non-infringement. This does not affect any guarantees that cannot be excluded under the Australian Consumer Law.
The Client agrees to indemnify, defend and hold harmless Cohen Media House, its directors, officers, employees, agents and contractors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
All intellectual property in the Service, including but not limited to the AI models, software, algorithms, interfaces, Dashboard, documentation and branding, remains the exclusive property of Cohen Media House and its licensors. Nothing in this Agreement transfers any intellectual property rights to the Client.
The Client grants Cohen Media House a non-exclusive, royalty-free licence to use the Client's Business Information, branding and trade marks solely for the purpose of configuring and operating the Service during the term of the Agreement.
The Client may cancel the Service at any time by providing written notice to Cohen Media House. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of a billing period.
Cohen Media House may cancel the Service at any time with 30 days' written notice. In such cases, a pro-rata refund of any prepaid fees will be provided for the unused portion of the billing period.
Cohen Media House reserves the right to immediately suspend or terminate the Service without notice or refund in cases of:
Upon cancellation, the Client will retain access to the Dashboard and Call Data for 90 days. After this period, all Call Data will be permanently deleted. The Client is responsible for exporting any data they wish to retain before the end of the retention period.
Cohen Media House reserves the right to modify, update or discontinue any aspect of the Service at any time. Material changes that affect the Client's use of the Service will be communicated with at least 14 days' notice. Continued use of the Service after such changes constitutes acceptance of the modified terms.
The Service operates using licensed telecommunications infrastructure provided by authorised carriers. Cohen Media House:
The Client is responsible for ensuring that their call forwarding arrangements comply with their existing telephony provider's terms of service.
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the extent that the Australian Consumer Law permits Cohen Media House to limit its liability, our liability for breach of a consumer guarantee is limited to (at our option):
In the event of a dispute arising out of or in connection with this Agreement, the parties agree to the following process:
This clause does not prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
This Agreement constitutes the entire agreement between the parties in relation to the Service and supersedes all prior agreements, understandings and representations.
If any provision of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
A failure by either party to enforce any right under this Agreement does not constitute a waiver of that right.
The Client may not assign or transfer this Agreement without the prior written consent of Cohen Media House. Cohen Media House may assign this Agreement to a successor or affiliate without the Client's consent.
All notices under this Agreement must be in writing and sent to the email address associated with the Client's account or to info@cohenmediahouse.com for notices to Cohen Media House.
Neither party shall be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from circumstances beyond their reasonable control, including natural disasters, government action, pandemic, war, terrorism, civil unrest, telecommunications failures, power outages or acts of third parties.
Questions about these terms? Contact us at info@cohenmediahouse.com