These terms are an agreement between Business API Pty Ltd (ABN 62 651 575 843), trading as Call Sure ("we", "us", "our"), and the person or business we approve as a referral partner ("you"). They cover recommending Call Sure to other businesses. Our Terms of Service still apply to your own use of Call Sure if you are also a client.
1. Joining
- You apply on our partner page or, if you are already a client, from your account. We decide whether to approve you, and may decline without giving reasons.
- You must be an adult acting for a business, and the details you give us must be true and kept up to date.
- Once approved, we give you a code and a link. They are yours alone: don't share them on coupon or discount websites.
- You are an independent business. You are not our employee, agent or representative, and you can't make promises or agreements for us.
2. Your split
- For each business you refer ("referred client"), 30% of the price of their Call Sure plan, excluding GST, is shared between them and you for 12 months from their first paid invoice.
- You choose how much comes off the referred client's plan: 0%, 5%, 10%, 15%, 20%. Your commission is the rest of the 30%. For example, with 10% off for the client, you earn 20%.
- Your commission is worked out on the plan's usual price, before the client's discount. Extra minutes, GST, refunds, one-off charges and anything else that isn't the plan itself don't count.
- The discount you choose and your commission together never come to more than 30% of the plan's usual price.
- If a referred business switches to an annual plan before its 12 months are up, the annual invoice is charged at the full price, and you earn commission for the months left in the 12. Months are counted whole: for example, a switch after 8 months earns commission on 4/12 of the annual price.
- You can ask us to change your split. A change applies to businesses referred after it; referred clients keep the split they joined with.
- Clients can't add another code or offer to your discount. If we choose to give them one, it doesn't reduce your commission.
3. Which clients count as yours
- A business is your referred client if it uses your code when it signs up or chooses a plan, or signs up within 90 days of following your link on the same device and browser. If you chose no discount for your clients, your code works only in the sign-up form; at checkout, share your link instead.
- A code entered when a business signs up (in the "Referral code" field) wins over a link: if it followed someone else's link but enters your code at sign-up, it is yours. If it followed two partners' links, the first one counts. At checkout, a referred business gets its partner's discount automatically and can't enter another code.
- Businesses that had already paid us before your referral don't count. Neither does your own business, a business you own or control, or our demo and internal accounts.
- We work out referrals from our records. Please tell us within 60 days if you think we've missed one, so we can check our records while they're fresh.
4. Earning and payment
- You earn commission only when the referred client has paid their invoice to us in full.
- On the 1st of each month we work out the commission earned in the month before, and each month you have commission due, we send you a statement. Once we owe you at least $50, we pay by bank transfer within 14 days of the statement, or of receiving your bank details and (if you're registered for GST and we haven't agreed an RCTI) your tax invoice, whichever is later. Smaller amounts carry over to the next month and don't expire.
- If we refund a referred client within 12 months of the payment, we take back the commission on that payment in proportion to the part of the plan price refunded, from your next statement. This applies only to refunds we must give by law or under our Terms of Service. A refund of only extra minutes or other charges doesn't change your commission.
- If their bank reverses a payment and the chargeback is decided against us, we take back all the commission on that payment. While a chargeback is open, the commission on that payment waits, even if it was already due to be paid.
- If more is taken back than you earn in a month, the difference comes off later commission. We won't ask you to pay it back in cash unless the agreement ends while you owe more than $50.
5. GST, ABN and tax
- Commission amounts are worked out excluding GST.
- If you are registered for GST, we pay your commission plus GST. You give us a tax invoice for each payment. If we both agree in writing, we issue a recipient-created tax invoice (RCTI) for you instead: you then agree not to issue your own tax invoice for the same commission, and to tell us straight away if you stop being registered for GST.
- If you are not registered for GST, we pay the commission with no GST.
- You need an Australian Business Number (ABN) to join, and must tell us if it changes or is cancelled. If you no longer have one, we may pause your payments until you give us an ABN or a supplier statement, and the law may require us to withhold tax from them.
- You are responsible for your own tax.
6. How you promote us
- Say you're paid. Whenever you recommend Call Sure, make it clear that you earn a commission, in words people will notice and understand (for example, "I'm a Call Sure partner and earn a commission if you sign up"). Australian consumer law requires this, and so do we.
- No spam. Only send emails or messages that comply with the Spam Act 2003 (Cth), to people who have agreed to hear from you, and never to bought or scraped lists.
- No ads on our name. Don't bid on "Call Sure", "Call Sure", "callsure" or similar terms or misspellings in search or social ads, don't use them in domain names or social media names, and don't present yourself as us.
- No misleading claims. Only describe Call Sure, its prices and features as they are on our website. Don't promise results, savings or features we don't offer.
- You may use our name and logo only to recommend us, as we allow, and must stop when we ask.
- Follow all laws that apply to how you promote us, including privacy law.
7. Privacy
- We use your details to run the programme, pay you and meet our tax obligations, as our Privacy Policy explains.
- About your referred clients, we only tell you their business names and, for each payment you earn on, its invoice number, date, plan amount and your commission. We never share their calls, messages, contact details or other information.
- When you give us a contact's details, you must have their permission to do so.
8. Changes to the programme
- We may change these terms or the programme (including the pool, the split options and the payment details) by giving you at least 30 days' notice by email. Changes never reduce commission you have already earned, or the split of clients already referred, for the rest of their 12 months.
- If you don't agree with a change, you can leave before it takes effect (section 9).
- We may close the programme by giving you at least 30 days' notice. Commission on clients referred before it closes is still paid for the rest of their 12 months, on these terms.
9. Ending the agreement
- You can leave at any time by emailing us. We can end it with 30 days' notice by email.
- We can pause your code and link or end the agreement straight away if you seriously or repeatedly break these terms (for example, spam, ads on our name, misleading claims, not disclosing that you're paid, or false referrals). Commission earned through the breach is not payable, and we may recover it if it was already paid.
- From the day the agreement ends, your code and link no longer credit new businesses.
- When the agreement ends, other than for your breach, we pay what you have already earned, and keep paying commission on clients referred before the end for the rest of their 12 months, even if the total is below $50.
- While your partner account is paused, your code and link don't credit new referrals; clients already referred keep earning.
10. Liability
- Nothing in these terms excludes rights you have under the Australian Consumer Law that can't be excluded.
- Except for fraud, and apart from paying the commission you have earned, our total liability to you under these terms is limited to the commission we paid or owed you in the 12 months before the claim. Neither of us is liable to the other for indirect or consequential loss.
- You are responsible for your own conduct in promoting us. If a claim is made against us because, in promoting us, you broke the law, sent spam, made misleading claims or bid on our name in ads, you agree to cover our reasonable costs of it, except to the extent we caused or contributed to it.
- Except for fraud, and to the extent the law allows, your total liability to us under these terms is limited in the same way as ours: to the commission we paid or owed you in the 12 months before the claim.
11. General
- These terms are governed by the laws of Queensland, Australia, and you and we submit to its courts.
- If there's a dispute, we'll first try to resolve it by talking. Either of us can start by emailing the other.
- If part of these terms can't be enforced, the rest still applies.
- Notices go by email: to the address you gave us, and to us at [email protected].