Customer Terms and Conditions

1. Service description and limits

1.1 Always Found provides the customer with a separate, independently hosted webpage displaying customer-approved business information (Service). The Service is intended to provide an alternative point of contact if the customer's usual website, social-media account or other online presence becomes unavailable.

1.2 Always Found does not:

• recover, repair or protect hacked or suspended accounts;
• monitor the customer's website, social-media accounts or other online services;
• guarantee placement in internet search results;
• redirect customers automatically from another website or platform;
• provide cybersecurity, website backup or disaster-recovery services;
• guarantee uninterrupted or error-free availability;
• guarantee that members of the public will find or use the Always Found page; or
• guarantee against lost sales, customers, profit or reputation caused by the failure of another platform or service.

2. Initial page publication

2.1 Once payment has been received and the customer has supplied and approved all required information, Always Found will usually use reasonable endeavours to publish the customer's page within one (1) hour, provided our systems and required internet services are available. This timeframe applies during Always Found's published business hours. Applications received outside those hours will ordinarily be processed within one (1) hour after business hours resume.

3. Support hours and emergency requests

3.1 Always Found's routine support hours are 8:30 am to 6:00 pm Australian Eastern Standard Time, Monday to Friday, excluding public holidays in the state of Queensland, Australia. Emergency requests may be submitted twenty-four (24) hours a day, seven (7) days a week.

Emergency request

3.2 An emergency request is an urgent change required because the customer's usual website, social-media account or other principal online presence has become unavailable, inaccessible, compromised, suspended or materially inaccurate, and customers need alternative contact and/or trading information immediately. It may also include the urgent correction of information on the Always Found page that could cause harm, fraud or significant customer confusion.

3.3 Changes to business details, contact information, normal trading hours or other non-urgent information are routine requests and will be processed during Always Found's published business hours.

Emergency change publication

3.4 Always Found accepts emergency change requests at any time twenty-four (24) hours a day, seven (7) days a week. Once the emergency change request has been accepted and the customer's identity has been verified and all required changes have been supplied and approved, Always Found will use reasonable efforts to publish the changes within one (1) hour. Publication may take longer if Always Found personnel, systems, internet access or required third-party services are temporarily unavailable.

4. Routine requested changes

4.1 Once Always Found has received the requested changes and the customer has supplied and approved all required information, Always Found will usually use reasonable endeavours to publish the changes within one (1) hour, provided our systems and required internet services are available. This timeframe applies during Always Found's published business hours. Requests received outside those hours will ordinarily be processed within one (1) hour after business hours resume.

5. Customer's online outage

5.1 If the customer's usual website, social-media account or other principal online presence becomes publicly unavailable, inaccessible, compromised, blocked or suspended - or the customer loses control of it - the customer may contact Always Found at any time to request an emergency update to their Always Found page. A problem that is limited to the customer's own internet connection, device or local network is not considered an emergency outage for this Service.

6. Always Found outages and maintenance

6.1 Always Found may occasionally be unavailable because of planned maintenance, unexpected technical failure, internet disruption and/or failure of a third-party service provider. Always Found will use reasonable efforts to restore the Service as efficiently as reasonably practicable, but does not guarantee uninterrupted or error-free availability.

6.2 Where practical, Always Found will schedule its planned maintenance outages to minimise disruption to its Service and seek to provide advance notice to customers if it is expected to materially affect customer pages.

7. Renewal and expiry

7.1 Always Found will email the customer a renewal notice approximately four (4) weeks before the annual renewal date. If the customer has authorised automatic billing, the annual fee will be charged on the renewal date using their nominated payment method.

7.2 If payment is unsuccessful and/or has not been received by the due date, Always Found will send a final renewal notice and allow seven (7) days for payment of the account. If payment remains outstanding after seven (7) days, the customer's page will be unpublished and the Service terminated.

8. Initial customer verification

8.1 Before publishing a new page, Always Found will take reasonable steps to confirm that the applicant owns and/or is authorised to represent the business. This may include checking public business records and contacting the business through independently sourced contact details. Always Found may request further evidence and/or decline an application if independent verification and authority cannot be satisfactorily established to its satisfaction.

Verification information recorded at sign-up

8.2 At sign-up, Always Found will record the customer's primary authorised contact, at least one (1) alternate authorised contact, and more than one (1) reliable method of contacting the customer. Where available, this should include at least two (2) telephone numbers as well as an email address.

8.3 The customer and Always Found will establish three (3) confidential verification questions and agreed answers for future contact. Always Found may also provide a confidential recovery code. The questions and answers may be used to verify the customer's authority in relation to the customer account.

8.4 Always Found may ask an authorised person to show government-issued photo identification, such as a driver's licence, where reasonably necessary to verify identity or authority. Always Found does not ordinarily retain a copy, photograph or image of that identification. Always Found may record that identity verification was completed and retain only limited information reasonably required for the customer and verification record. Any information retained will be stored in accordance with Always Found's Privacy Policy. Public business records, including Australian Business Number (ABN) information, may be used to verify the business name.

Failed identity verification and recovery

8.5 If a person cannot successfully complete the agreed identity-verification process, Always Found will not provide protected customer information or make the requested change. Always Found will attempt to contact the customer using the primary and alternate telephone numbers, email addresses or other contact methods previously recorded at sign-up.

8.6 Always Found may require the agreed recovery code or other reasonable evidence before restoring access to the change-request process. A request may be delayed or refused until Always Found is reasonably satisfied that the person is authorised to speak to Always Found in relation to the relevant customer account. Always Found is not responsible for any delay caused by unsuccessful and/or incomplete identity verification.

9. Verification before changes or updates

9.1 Before accepting any change or update, Always Found will verify that the request comes from a person authorised by the customer using the confidential security questions and answers established at sign-up. If verification is unsuccessful or Always Found reasonably doubts the person's authority, the requested change will not be made until satisfactory verification is completed. The customer may use the same agreed verification process to confirm the identity of anyone contacting them on behalf of Always Found.

10. Fraudulent, unlawful or misleading content

10.1 Always Found may temporarily suspend any content, or the entire customer page, as soon as it reasonably suspects that the information is fraudulent, unlawful, misleading, unauthorised and/or may cause harm.

10.2 Always Found will take reasonable steps to investigate the matter and, where appropriate, contact the customer using the verified contact details that were provided by the customer at sign-up. The content may be restored once Always Found is reasonably satisfied that it is accurate, lawful and authorised.

10.3 Always Found may, at its sole discretion, permanently remove the content and/or terminate the Service if the concern is confirmed, cannot be satisfactorily resolved, or if the customer fails to provide verification requested from it.

11. Customer responsibilities

11.1 The customer acknowledges and agrees that it must (without limitation):

• provide accurate, lawful and current business information;
• approve the page before it is published;
• notify Always Found when published information changes;
• keep verification answers confidential and advise Always Found if any authorised person's access should be removed;
• retain control and management of the customer's principal website, social-media accounts and other online services; and
• pay renewal fees by the due date.

12. Listing contents

12.1 A standard format Always Found page may display the customer's business or trading name, a brief business description, telephone numbers, email addresses, physical address or service area, normal trading hours, website address, and customer-approved social-media, messaging, booking, ordering and other platform links. Only information supplied and approved by the customer will be published.

12.2 The page will also contain one (1) emergency-update section for a temporary customer-approved notice. The emergency notice may identify an unavailable, inaccessible, compromised, blocked or suspended service and provide replacement contact and/or trading instructions. The page will display when the emergency notice was published and/or when it was most recently updated.

12.3 A standard listing does not include photographs, promotions, product catalogues, customer reviews, news posts or lengthy business descriptions.

13. Fees, cancellation and refunds

13.1 The initial fee is as set out on Always Found's website or otherwise advised by Always Found to the Customer in writing and includes the creation of the customer's page and the first twelve (12) months of Service.

13.2 The annual renewal fee is as set out on Always Found's website or otherwise advised by Always Found to the Customer in writing. Always Found may change the renewal fee by providing at least four (4) weeks' notice before the applicable renewal date. Any changed fee will apply only to a future renewal period.

13.3 Customers may cancel the future renewal of their account at any time before the renewal date. Any fees paid in advance are not refundable for the following (without limitation):

• change of mind;
• cancellation during a paid subscription period; and/or
• any request to remove the customer page early.

13.4 The customer's page will remain published until the end of the paid period unless the customer requests its removal in writing. Nothing in these terms excludes any refund, remedy or other right that cannot lawfully be excluded.

Included and additional changes

13.5 Each annual subscription package includes:

• two (2) routine change requests; and
• six (6) emergency-message publications or revisions.

13.6 The removal of an emergency message after the incident has ended is included in the annual subscription package and does not count as an additional request.

13.7 Once the included allowance has been used, Always Found may charge fifty dollars ($50.00) for an additional routine change request or emergency-message update. Always Found will advise the customer once their allowance is fully utilised and obtain customer approval before applying the additional charge.

13.8 Always Found may waive the additional charge at its discretion. A change request may include updates to more than one (1) item of information submitted together.

14. Customer approval

14.1 Before publishing a new customer page, Always Found will provide the proposed customer page information to the customer for review. The proposed customer page will only be published after an authorised person confirms in writing, and preferably by email, that the information is accurate and authorises its publication. For the avoidance of doubt, the customer's written approval may be provided by electronic communication.

14.2 Any routine changes to the customer page will also require written approval by email from an authorised person before publication.

14.3 For an emergency request, an authorised person may contact Always Found by telephone after successfully completing the agreed identity-verification process. Always Found will record the requested update and send the exact proposed wording to an authorised person's registered email address or mobile number.

14.4 The emergency update will be published only after the authorised person confirms in writing, which may be via email or SMS text message, that the proposed wording is correct and approved for publication. Verbal approval alone will not be sufficient. Always Found will retain a record of the written approval and send a confirmation to the customer after the emergency update has been published.

14.5 The customer is responsible for checking that all approved information is accurate, current, reliable and suitable for public display.

15. Privacy

15.1 Always Found will collect only the information reasonably required to create and maintain the customer's page, verify the identity and authority of people authorised to deal with Always Found, process payments and administer the Service. This may include the information approved for public display, primary and alternate contact details, verification information, approval records and payment status.

15.2 Always Found will not sell, rent or trade any customer or authorised-person information. Information may be disclosed to hosting, payment, email or other Service providers only where reasonably necessary to provide or administer the Service, or where disclosure is required by law.

15.3 Always Found may ask an authorised person to show government-issued photo identification, such as a driver's licence, for identity or authority verification. Always Found does not ordinarily retain a copy, photograph or image of that identification, but may record that the check was completed and retain limited information reasonably required for the customer and verification record. Payment-card information will be handled by the applicable payment provider and will not be stored by Always Found.

15.4 Always Found will take reasonable steps to protect information from misuse, interference, loss and unauthorised access, modification or disclosure. Information will be retained only for as long as reasonably required to provide and administer the Service and/or to meet legal record-retention obligations, after which it may be securely deleted.

15.5 A customer may request access to and/or correction of information held by Always Found. Always Found may require identity verification before providing access to, correcting or discussing information that is not already public.

16. Liability

16.1 Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

16.2 Always Found will provide the Service described in these terms with due care and skill. If Always Found makes an error when publishing customer-approved information, it will take reasonable steps to correct that error as soon as reasonably practicable after becoming aware of it.

16.3 To the extent permitted by law, Always Found is not responsible for any loss, delay or interruption caused by (without limitation):

• the failure, suspension, compromise, blocking or conduct of the customer's website, social-media account or other online platform;
• an internet, telecommunications, hosting, payment-processing or other third-party service failure outside Always Found's reasonable control;
• planned maintenance, technical failure or any circumstances preventing Always Found from accessing its systems;
• inaccurate, incomplete, unlawful, delayed or unauthorised information or instructions supplied by the customer;
• the customer's failure to keep its contact, authorised-person or identity-verification information current;
• a delay resulting from unsuccessful or incomplete identity verification; or
• the customer's failure to maintain control of its usual website, accounts, devices or communication services.

16.4 Always Found does not guarantee that its Service will prevent loss of customers, revenue, profit, business opportunities, goodwill or reputation. To the extent permitted by law, Always Found is not liable for indirect or consequential loss of any kind.

16.5 Always Found may be liable for direct loss to the extent that the loss was reasonably caused by Always Found's failure to provide the agreed Service with due care and skill.

16.6 The customer is responsible for the information and instructions it supplies to Always Found and for ensuring that published information is accurate, lawful and does not infringe another person's rights. To the extent permitted by law, the customer is responsible for any third-party claim arising from customer-supplied information, except to the extent that the claim was caused by Always Found's own error or wrongful conduct, and hereby indemnifies and holds harmless Always Found in respect of any such claim.

16.7 Except where liability cannot lawfully be limited, Always Found's total liability for direct loss reasonably caused by a breach of these terms will not exceed the fees paid by the customer during the preceding twelve (12) months.

16.8 This limitation does not apply to fraud, wilful misconduct or any liability that cannot lawfully be limited.

17. Termination

17.1 The customer may cancel the Service at any time by providing written notice to Always Found that the Service is terminated. Cancellation of the Service does not entitle the customer to a refund for any unused portion of the paid Service period, except where required by law.

17.2 Always Found may suspend or terminate the customer's Service if the customer (without limitation):

• fails to pay an amount when due;
• provides fraudulent, unlawful or misleading information;
• uses the Service unlawfully and/or in a way that may harm Always Found and/or another person;
• repeatedly or seriously breaches these terms; or
• engages in threatening, abusive or unreasonable conduct towards Always Found.

17.3 Where reasonably practicable, Always Found will notify the customer and provide an opportunity to correct the breach before terminating the Service. Immediate suspension or termination may occur where necessary to prevent unlawful conduct, harm, fraud or a security risk.

17.4 When the Service ends, the customer's public page may be removed and Always Found may delete the associated information when it is no longer required, subject to any legal record-retention obligations.

18. Intellectual property

18.1 Always Found retains ownership of the Always Found name, branding, website, page templates, written material, design elements, software, systems and operating processes, except for material owned by the customer or another person.

18.2 The customer retains ownership of its business name, trade marks, logos and other material it supplies to Always Found. The customer grants Always Found a non-exclusive, royalty-free licence to use, reproduce, format and publish that material only as reasonably required to provide and administer the Service.

18.3 The customer confirms that it owns, or has permission to use, all material it supplies and that its publication will not infringe another person's intellectual-property or other legal rights, and hereby indemnifies and holds harmless Always Found in respect of any claim by a third party relating to infringement of a third party's rights from use of the material supplied by the customer. Always Found may decline, suspend or remove material where it reasonably suspects that the customer does not have the right to use it.

18.4 The customer's permission for Always Found to publish its material ends when the Service ends, except where limited retention is reasonably required for legal, accounting, security or record-keeping purposes.

18.5 The customer does not acquire ownership or any rights in relation to Always Found's website, templates, software, branding or operating systems by purchasing the Service.

19. Notices and changes to terms

19.1 Always Found may send notices to the customer's primary email address recorded with the Service. Important notices may also be sent to an alternate authorised contact. The customer is solely responsible for keeping its email addresses and other contact information current and up to date with Always Found.

19.2 The customer may send formal written notices to Always Found using the email address or any other contact method published on the Always Found website. Emergency update requests may be made using the published emergency contact number.

19.3 Always Found may, at its sole discretion, update these terms from time to time by thirty (30) days' notice in writing to the Customer. A change that materially affects the Service, fees or the customer's rights or responsibilities will ordinarily apply only from the customer's next renewal date.

19.4 Always Found will provide at least four (4) weeks' notice by email before a material change takes effect. The notice will identify the effective date of the change, explain the principal changes and provide the revised terms.

19.5 By renewing the Service, or allowing an authorised automatic renewal to proceed after receiving the renewal notice, the customer accepts Always Found's revised terms. A customer who does not accept the revised terms may cancel the renewal by providing written notice to Always Found before the renewal date.

19.6 Always Found may make minor corrections, formatting changes and/or administrative updates that do not materially affect the customer's rights or the Service at any time without waiting until the customer's renewal is due.

19.7 Notwithstanding the preceding terms, where a change is reasonably necessary to comply with the law, address an urgent security concern or prevent unlawful conduct or harm, Always Found may make the change immediately by notice in writing to the Customer.

20. Governing law

20.1 These terms and conditions and the Service provided by Always Found are governed by the laws of the state of Queensland, Australia.

20.2 Each party submits to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

20.3 Nothing in these terms and conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.