Terms & Conditions

1Who this agreement is between

“We”, “us” and “our” mean Be Digital Limited trading as Be Connect. “You” and “your” mean the business that subscribes to Bea. “Bea” and “the service” mean the AI receptionist service and everything that goes with it — the software, the phone handling, the dashboard and support.

If you are agreeing to these terms on behalf of a company, you confirm you are authorised to bind it.

2What the service does

Bea answers inbound phone calls for your business using artificial intelligence. Depending on your plan and configuration, she can:

• Answer calls 24 hours a day, including after hours, weekends and public holidays
• Speak naturally with callers using the business information you give her
• Capture caller names, numbers and enquiry details, and send them to you
• Book appointments into a connected calendar
• Transfer calls to a person, according to rules you set
• Send you SMS and email notifications, call summaries and transcripts

We may improve, change or replace features over time. If we remove a feature you materially rely on, we will give you reasonable notice and you may cancel without penalty.

3Emergency calls — read this

If your business handles calls where a delay could cause harm to a person — medical, safety, welfare or similar — you must keep a separate, human-answered path for those calls and make it obvious to callers. You are responsible for configuring Bea so that urgent calls are escalated appropriately, and for testing that escalation works.

You must not present Bea to the public as an emergency contact number, a crisis line, or a substitute for one.

4Business use only

Bea is supplied to businesses for business purposes. You agree that you are acquiring the service for the purposes of a business.

Because of that, and to the extent the law allows: the guarantees in the New Zealand Consumer Guarantees Act 1993 do not apply, and sections 9, 12A and 13 of the Fair Trading Act 1986 are contracted out of. You agree it is fair and reasonable for us to do this, given that both parties are in trade and the price reflects it.

For Australian customers, 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 can be limited under that law, it is limited as set out in Liability.

5Your responsibilities

You are responsible for how Bea represents your business. Specifically, you must:

• Give us accurate account and billing information and keep it current
• Configure Bea with accurate business information — you are responsible for what she tells your callers
• Keep your login credentials secure and tell us promptly if they are compromised
• Tell your callers that recording is happening if you turn recording on, and obtain any consent the law requires — see the Call Recording Policy
• Comply with privacy law in respect of the caller information we handle for you
• Have the right to use any phone number you ask us to answer or transfer to
• Test your configuration, including transfers and escalation, before relying on it

Where Bea handles information about your callers, you are the entity responsible for that information and we handle it on your behalf and under your instructions. Our Privacy Policy explains this split.

6Acceptable use

You must not use Bea to:

• Break the law, or help anyone else do so
• Mislead or deceive callers, including denying that they are speaking to an AI when they ask
• Give medical, legal, financial or other regulated professional advice
• Operate an emergency, crisis, welfare or safety line
• Make unsolicited bulk or automated outbound calls in breach of telemarketing or spam law
• Harass, abuse or defraud anyone
• Attempt to reverse engineer, resell or white-label the service without our written agreement
• Interfere with the service, its security, or other customers’ use of it

If you breach this section we may suspend the service immediately and without notice. We will tell you why as soon as we reasonably can.

7What AI can and cannot do

Bea is software. She is good, and she is not a person. You accept that:

• She may mishear a name, number, address or request — particularly with background noise, strong accents or poor line quality
• She may give an answer that is incomplete or wrong, including from information you supplied
• She may fail to recognise that a call is urgent
• Transcripts and summaries are automated and may contain errors
• Availability depends on telecommunications networks and third-party providers we do not control

You must review the information Bea captures before acting on anything that matters — confirm contact details, appointments and job details with the customer. We supply the service on an “as is” basis and do not warrant that it will be uninterrupted, error free, or that any particular call will be handled correctly.

Our AI Disclosure sets out how the technology works in more detail.

8Plans, fees and billing

• Plans and prices are those shown on hibea.nz at the time you subscribe, or as set out in a written quote we give you.
• A one-off setup fee applies to all plans. Where we are running a launch promotion, the setup fee is waived on the terms of that promotion.
• Subscriptions are billed monthly in advance and start on the day your service goes live.
• Included minutes reset each billing month and do not roll over.
• Minutes beyond your plan are charged at the per-minute overage rate for your plan, billed in arrears.
• Prices are exclusive of GST unless stated otherwise. GST is added where it applies.
• Australian customers are billed in Australian dollars at the AUD prices published for their plan.

Payment

Invoices are payable by the due date shown. If payment is overdue we may charge interest on the outstanding amount at a reasonable commercial rate, recover reasonable collection costs, and suspend the service after giving you notice and a chance to fix it.

Price changes

We may change prices by giving you at least 30 days’ notice by email. If you do not accept the change, you may cancel before it takes effect and pay nothing further beyond the current billing month.

9Trials

Where we offer a free trial, it runs for the period we state, gives access to the features we state, and can be ended by either of us at any time. Everything in these terms applies during a trial except the obligation to pay subscription fees. At the end of a trial the service stops unless you have subscribed. Trial data may be deleted after the trial ends.

10Term, cancellation and what happens to your data

• The agreement runs month to month from your go-live date and renews automatically each month unless cancelled.
• You may cancel at any time by giving us 30 days’ notice in writing to sales@bedigital.co.nz. The service continues to the end of that notice period and fees are payable up to then.
• Setup fees and fees already paid are not refundable, except where the law requires.
• We may cancel by giving you 30 days’ notice, or immediately if you materially breach these terms and do not fix it within 7 days of us asking, or if you become insolvent.

Your data after cancellation

You can export your call records and lead data at any time while your account is active. After cancellation we keep your data for 30 days so you can retrieve it, then delete it in line with our Privacy Policy. Tell us if you need it deleted sooner.

11Phone numbers

Where we supply a phone number as part of the service, you have the right to use it while you are a customer but do not own it. Number portability is subject to the rules of the relevant telecommunications regulator and the receiving carrier. Where you forward your existing number to Bea, your own carrier’s terms and charges continue to apply to that forwarding.

12Intellectual property

We own Bea, the software, the brand and everything we have built. You own your business information, your caller data and your content. You give us the licence we need to use that material to provide the service to you — and no more.

If you give us feedback or suggestions, we may use them to improve the service without owing you anything for it.

13Confidentiality

Each of us may learn confidential information about the other. Neither of us will disclose it to anyone else except to people who need it to perform this agreement and are bound to keep it confidential, or where the law requires disclosure. This obligation continues after the agreement ends.

14Liability

This section limits what we owe you if something goes wrong. Please read it.

• We are not liable for indirect or consequential loss, including lost profits, lost revenue, lost business opportunity, lost or corrupted data, loss of goodwill, or the cost of substitute services.
• We are not liable for missed, mishandled or misunderstood calls, for business you did not win, or for the consequences of acting on information Bea captured — this is why you must verify what matters.
• We are not liable for failures in telecommunications networks, the internet, or third-party services outside our reasonable control.
• Our total liability for all claims under or connected with this agreement is limited, in aggregate, to the fees you paid us in the 12 months before the event giving rise to the claim.

Nothing in these terms limits liability that cannot be limited by law — including liability for fraud, or under the Australian Consumer Law where it applies. Where our liability under the Australian Consumer Law can be limited, we limit it to resupplying the service or paying the cost of having it resupplied.

You indemnify us against claims brought by a third party — including your callers — arising from your configuration of Bea, your failure to obtain a consent the law required, your breach of these terms, or your use of the service in a way these terms prohibit.

15Availability and support

We aim to keep the service running continuously, and we monitor it. We do not offer a contractual uptime guarantee on standard plans. Planned maintenance is scheduled outside business hours where we reasonably can, and we tell you in advance if it will affect you.

Support is provided by email at sales@bedigital.co.nz during New Zealand business hours. Priority support is included on higher plans.

16Events outside our control

Neither party is liable for failing to perform because of something genuinely outside its reasonable control — natural disaster, war, epidemic, industrial action, carrier or power failure, or government action. If such an event continues for more than 30 days, either party may cancel without penalty.

17Changes to these terms

We may update these terms. If a change materially affects your rights we will give you at least 30 days’ notice by email, and you may cancel before it takes effect if you do not accept it. Continuing to use the service after that date means you accept the updated terms. The date at the top shows when they last changed.

18General

• Governing law. New Zealand law governs this agreement. The New Zealand courts have non-exclusive jurisdiction, which means either of us may also bring proceedings where that is otherwise permitted.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it as part of a sale or restructure of our business.
• Entire agreement. These terms, with our Privacy Policy, Call Recording Policy, AI Disclosure and any written quote, are the whole agreement between us on this subject.
• Severability. If any part is found unenforceable, the rest continues to apply.
• No waiver. If we do not enforce a right immediately, we have not given it up.
• Notices. Notices to us go to sales@bedigital.co.nz. Notices to you go to the email address on your account.