Supply Terms

These terms govern the supply of booked appointments by Settled Leads to you. They apply from the moment you accept an appointment, pay an invoice or use the broker portal, whichever happens first. Please read clause 6 (the appointment standard and replacements), clause 8 (what we do not promise) and clause 11 (liability) carefully.

1. Parties and agreement

These terms are between Hayden Clive Mitchell trading as Interlink AI, ABN 60 460 171 068, operating as Settled Leads ("we", "us", "our") and the broker or brokerage that orders appointments from us ("you").

Together with any written order, quote or confirmation we agree with you, these terms form the whole agreement between us and replace anything said or written beforehand. If an order and these terms conflict, the order wins for that order only.

We may update these terms. Changes apply to appointments supplied after we notify you by email or portal notice. If a change materially disadvantages you, you may stop ordering and we will refund any prepaid balance for undelivered appointments. We will not change the rate on a pack you have already bought.

2. Your eligibility

You warrant that, for as long as you receive appointments from us:

• You hold every licence, authorisation or accreditation required to deal in the products these appointments relate to, or you act as an authorised representative of a person who does, and you will give us the licence or authorisation number on request. For home loan and refinance enquiries that means an Australian Credit Licence or credit representative authorisation
• You will only accept appointments in the states and loan types you are licensed or accredited for, and you will tell us before taking appointments outside them
• You are acquiring appointments for business purposes, not as a consumer
• You are not disqualified or banned from engaging in credit activities or providing financial services
• You will tell us within 5 business days if any of this stops being true

We may verify your licensing at any time and may suspend supply if we cannot.

3. What a booked appointment is

A "booked appointment" is a call in your diary with one borrower who, before it reached you, did all four of the following:

• Asked about a home loan or refinance, stating a loan amount and a timeframe
• Verified their mobile number with an SMS code
• Chose the call time themselves, from the availability you gave us
• Was supplied to you and to nobody else

Those four checks are snapshotted against the appointment when it is delivered, and you can see them against every appointment in the broker portal.

An appointment is an enquiry with a time on it. It is not an application, a pre-approval, a qualified borrower, a commitment to proceed, or any representation about the person's credit history, income, serviceability or likelihood of settling.

4. Exclusivity

Each appointment is supplied to one broker only. We do not supply the same borrower to another broker, and we do not resell them later.

Exclusivity applies to our supply of that appointment. It does not and cannot mean the person has not independently approached, or will not independently approach, another broker, a bank, a comparison website or an aggregator on their own initiative. We have no control over that and give no assurance about it.

5. Orders, pricing and payment

• Appointments are sold in prepaid packs. The rate per appointment depends on the size of the pack you buy, and the rate on your pack is the rate you pay for every appointment drawn from it. Prices are in Australian dollars and include GST, so the rate you see is the rate you pay. We are registered for GST and a tax invoice is issued for every pack.
• Packs are paid for up front. Each appointment that is booked and confirmed draws one from your pack. See clause 6a.
• We may change pricing for future packs on 30 days written notice. A pack you have already bought is unaffected.
• Packs are prepaid. Where we invoice in arrears, payment is due within 7 days of the invoice date.
• Overdue amounts may attract interest at 2% above the Reserve Bank of Australia cash rate, calculated daily, and we may recover reasonable costs of recovery.
• We may pause delivery while an account is overdue.
• There is no retainer, no minimum term and no minimum spend. Volume is an estimate, not a guarantee. Appointment flow depends on consumer demand, advertising performance and platform conditions.
• Unused prepaid balance is refundable on request if we cannot supply within a reasonable period. Appointments already delivered are not refundable except under clause 6.

6. The appointment standard and replacements

If an appointment did not meet the standard in clause 3, we replace it free of charge. You can raise it as soon as the appointment is booked, and up to 5 business days after the booked call time.

No-shows work in two steps. First, you flag the no-show within 2 business days of the booked call time. Then we have 5 business days from your flag to rebook the borrower with you. If they have not rebooked by then, we replace the appointment free of charge.

We replace on any of these grounds:

• The borrower never became contactable, after at least three attempts across three days
• The number was wrong or dead
• They say they never enquired
• They were not actually after a loan
• They were outside the area you told us you write in
• They did not show for a call time they picked themselves

To claim, flag it in the broker portal or email us with the appointment and what happened. We may ask for call records or attempt logs.

A replacement appointment added to your pack, or a credit at our option, is your sole remedy, subject to clause 11.1. Every appointment, the checks it passed at delivery, the outcome you recorded and the date its claim window closes are shown in the broker portal, so there is a record either of us can point at.

6a. How your pack is used

Appointments are bought up front, as a pack. Each appointment that is booked and confirmed draws one from your pack, whether the borrower books the time themselves or we book it on their behalf.

There is no separate invoice per appointment and nothing is charged after the call. Whether the borrower attends, proceeds, qualifies, or you write the loan does not change how the pack is drawn down. Where an appointment did not meet the standard in clause 3, clause 6 is how it is put back.

7. Your obligations

You must, at your own cost:

• Contact a borrower only about the enquiry they submitted, and stop contacting anyone who asks you to stop
• Comply with the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the National Consumer Credit Protection Act 2009 (Cth) and the Australian Consumer Law
• Maintain your own privacy policy and handle appointment data in accordance with it
• Use appointment data only for your own licensed broking or advice activities. You must not resell, sublicense, share, syndicate or transfer it to any other broker, marketer, aggregator or third party
• Not add a borrower to unrelated marketing lists or use them for any product other than the one enquired about, unless the person separately consents
• Keep appointment data secure and delete it when you no longer have a lawful basis to hold it
• Not make representations about Settled Leads or any of our consumer brands to consumers without our written consent

Breach of this clause is a material breach and we may terminate immediately.

8. What we do not promise

This clause is important. To the extent permitted by law, we do not promise, warrant or represent that:

• Any borrower will attend the booked call, respond, or engage with you
• Any borrower will apply for, be approved for, or complete any loan or other product
• Any particular conversion rate, settlement rate, commission or return on investment will be achieved
• Any particular volume of appointments will be available in any period
• The person's stated amount, purpose, timeframe or circumstances are accurate. These are self-reported by the consumer and we do not verify them

Any figures, examples or estimates we mention in conversation or marketing are illustrative only. Your results depend on your own follow-up speed, sales process, licensing, lender panel and market conditions, all of which are outside our control.

9. Privacy and data protection

Each of us is an independent controller of the personal information we hold. We are responsible for lawfully collecting the enquiry and obtaining the borrower's consent to disclose it to one broker. You are responsible for everything you do with it after delivery.

You must notify us within 48 hours if you become aware of any unauthorised access to, or disclosure or loss of, appointment data, so that we can meet our obligations under the Notifiable Data Breaches scheme. We will cooperate with you on the same basis.

Our handling of personal information is set out in our Privacy Policy.

10. Intellectual property and confidentiality

We own all intellectual property in our websites, brands, funnels, systems, portal and processes. You get no rights in them other than the right to use appointment data for your own licensed broking or advice activities.

You must not scrape, copy, reverse engineer, or attempt to replicate our enquiry sources, funnels or systems, and must not use our marks without written consent.

Your brand. You confirm you are allowed to use your business name, logo, photo and any group or franchise brand you trade under, with that group's approval where its rules require it. You let us use them only to build and run your own website and broker desk. We will not use them in our own marketing without your written consent, and we will remove them when you ask.

Each party must keep the other's non-public commercial information confidential, including pricing, and use it only for this agreement. This survives termination for 3 years.

11. Liability

11.1 Consumer guarantees. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability under the Australian Consumer Law can be limited, it is limited, at our option, to resupplying the appointments or paying the cost of having them resupplied.

11.2 Cap. Subject to clause 11.1, our total aggregate liability to you for all claims arising out of or in connection with this agreement is capped at the total amount you paid us in the 3 months immediately before the event giving rise to the claim.

11.3 Excluded loss. Subject to clause 11.1, neither party is liable for loss of profit, loss of revenue, loss of opportunity, loss of anticipated commission, loss of goodwill, loss of data, or any indirect or consequential loss, however arising.

11.4 Your responsibility. We are not liable for any fine, penalty, complaint or claim arising from how you contact a borrower, including any breach by you of the Do Not Call Register Act, the Spam Act or the Privacy Act.

12. Indemnity

You indemnify us against all loss, damage, cost, penalty and reasonable legal expense we suffer arising from your breach of clause 7 (your obligations), your misuse of appointment data, or any claim by a consumer or regulator relating to your contact with, or handling of information about, a borrower after delivery. This indemnity is reduced to the extent our own act or omission caused the loss.

13. Suspension and termination

• Either party may stop ordering or supplying at any time on 7 days written notice. There is no minimum term, no retainer and no lock-in.
• We may suspend or terminate immediately if you breach clause 2 or clause 7, if your account is more than 14 days overdue, if you become insolvent, or if we reasonably believe your conduct exposes consumers or us to legal risk or reputational harm.
• On termination you must stop using appointment data for new outreach, other than to complete enquiries already underway, and must continue to protect it.
• Clauses 9, 10, 11, 12 and 14 survive termination.

14. Disputes

Before starting proceedings, the parties must first try to resolve the dispute by written notice setting out the issue, then a discussion between decision makers within 10 business days. This does not prevent either party seeking urgent interlocutory relief.

15. General

• Governing law. Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of its courts.
• Relationship. We are independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship, and neither party may bind the other.
• Assignment. You may not assign without our written consent. We may assign as part of a sale or restructure of the business.
• Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, including platform outages, advertising account suspensions or changes in law.
• Severance. If a provision is unenforceable it is severed and the rest continues.
• Waiver. A failure to enforce a right is not a waiver of it.
• Notices. Notices to us go to hayden@settledleads.com. Notices to you go to the email on your account.