Terms of Use

1. Who we are

SMEInspect is operated by ClarityIntel Pty Ltd, an Australian company (ABN 54 697 254 596), trading as SMEInspect (we, us, our). These Terms form an agreement between us and the business that uses the Service (you, your).

By requesting a review, connecting your accounts, signing an Authority to Act or paying a fee, you agree to these Terms. If you accept them for a business, you confirm you are authorised to bind that business.

2. Key terms

• Service — our supplier review, negotiation and switching, monitoring and renewal re-tender services.
• Review — our analysis of your supplier costs and contract terms, and the Findings we give you.
• Supplier — a business that supplies you with goods or services, such as card payment, energy, phone, internet or software.
• Change — a renegotiated price or a switch to a new Supplier that you approve.
• Saving — the reduction in your cost from a Change, measured as set out in clause 8.
• Authority to Act — your written authority for us to deal with Suppliers on your behalf.
• Commission — a payment a Supplier makes to us when it wins or keeps you as a customer.

3. Who can use the Service

The Service is for businesses. You must be at least 18 and authorised to act for the business. You must give us accurate information and tell us promptly if it changes.

We offer the Service in Australia, and in the United Kingdom and United States where we have launched. Some parts, such as switching energy suppliers, are only available where we hold any registrations or scheme memberships the law requires. We will tell you before you start if a part of the Service isn't available where you are.

4. What we do

• Review. We read the supplier bills, contracts and accounting data you share, compare your prices with what similar businesses pay, and flag contract terms such as auto-renewals, exit fees and price rises.
• Negotiate and switch. For each Change you approve, we ask your current Supplier to improve its price and, if it won't, arrange a move to a new Supplier.
• Monitoring. For 12 months after your first Change goes live, we watch for price rises and upcoming renewals. You can then continue on a paid subscription.
• Renewal re-tenders. When a contract comes up for renewal, we can find you a better deal than your Supplier's renewal offer.

We don't give financial, legal, tax or accounting advice. Contract findings are practical commercial observations, not legal advice. We don't arrange insurance or credit ourselves; if you ask about them, we refer you to a licensed provider and tell you if we're paid for the referral.

5. Your Authority to Act

To make Changes, you sign an Authority to Act. It lets us request information from Suppliers, negotiate, and submit applications, transfer requests and exit notices for Changes you have approved. We will never make a Change without your approval.

You can withdraw your Authority to Act at any time by telling us in writing. Changes already submitted may not be reversible, and Suppliers' own terms (for example, cooling-off periods or exit fees) still apply.

Some Changes require your own consent in a specific form, such as explicit informed consent to switch an energy retailer in Australia. We will collect and record it in the way the relevant rules require.

6. Your information and accounts

• If you connect accounting software (such as Xero, MYOB or QuickBooks), we ask for read-only access. We cannot move money or change your records. You can disconnect at any time.
• You confirm you are entitled to share the bills, contracts and data you give us. Where a Supplier contract is confidential, you appoint us as your adviser so we may review it on your behalf.
• You remain responsible for paying your Suppliers and for decisions about your business.

How we handle personal information is explained in our Privacy Policy.

7. Findings are estimates

Our Findings are based on the information you give us, market benchmarks and Supplier offers available at the time. They may be incomplete or wrong, and Suppliers may change or withdraw offers. We don't guarantee any particular Saving. Any figures we show before a Change goes live are estimates.

8. Fees

Review fee

If you come to us directly, the Review costs A$249 (or the local-currency price we quote before you start). It is free if you are referred by an accountant or bookkeeper we partner with. If you go ahead with a Change, we credit the Review fee against your first Success fee.

Success fee

For each Change, our fee is 25% of the first year's Saving. We invoice it once the Change is live and we have checked the first bill after it. You pay by direct debit or within 14 days of the invoice. If there is no Saving, there is no Success fee.

How we measure a Saving

• We compare your new price with the higher of (a) your previous rates applied to your current usage, and (b) your Supplier's written renewal or retention offer, if you received one.
• We project the difference over 12 months using your usage over the previous 12 months (or a fair annualised estimate if you have less history).
• Reductions in your usage don't count as Savings.
• We show you the calculation before we invoice.

Monitoring subscription

Monitoring is included for 12 months after your first Change goes live. After that you can continue for A$39 a month (or the local-currency price we quote), billed monthly. It does not renew automatically: we will ask whether you want to continue before we charge you.

Renewal re-tender fee

If you ask us to re-tender a contract at renewal, our fee is 25% of the new Saving, measured only against your Supplier's written renewal offer, and charged as for the Success fee. If we can't beat the renewal offer, there's no fee.

Taxes

Fees exclude GST, VAT or sales tax, which we add where it applies.

9. Supplier commissions

Some Suppliers pay us a Commission when they win or keep you as a customer. Before you approve a Change, we tell you whether a Commission applies and how much it is, in dollars. Commissions are paid by the Supplier and kept by us.

We rank options by their total cost to you. The system that ranks them cannot see Commission information, and we show options from Suppliers that pay us nothing.

10. Cancellation and refunds

• Review fee. If our Review finds no saving opportunity, we refund the Review fee in full. If we haven't delivered your Findings within 30 days of receiving the information we asked for, you can cancel and get a full refund.
• Success and renewal fees. These are only charged once a Saving is live and checked on a real bill. If a Supplier fails to honour the new price within the first 12 months through no fault of yours, and we can't fix it, we refund the part of our fee that relates to the lost Saving.
• Monitoring subscription. You can cancel at any time by emailing us. Cancellation takes effect at the end of the current month. You can ask for a full refund of a subscription charge within 14 days of it being made.
• Disputes. If you think an invoice is wrong, tell us within 30 days. We will review the calculation with you and correct it if needed.

To ask for a refund or cancel, email hello@smeinspect.com. We aim to process approved refunds within 10 business days, to the original payment method.

These rights are in addition to any rights you have under consumer law (see clause 15).

11. Your Suppliers

You remain the customer of each Supplier, and the Supplier's own terms apply to its goods or services. We are not responsible for a Supplier's performance, pricing decisions or failure to deliver. We will flag exit fees and key dates we find, but the decision to proceed is yours.

12. Acceptable use

You must not misuse the Service, give us false or misleading information, try to access data that isn't yours, or use the Service in breach of the law.

13. Intellectual property and benchmarks

You keep ownership of your documents and data. You allow us to use them to provide the Service. We may also use de-identified, aggregated pricing information (which cannot identify you or your business) to improve our price benchmarks, unless you tell us not to. We don't use your documents to train AI models.

We own the Service, our software and our benchmark data. You may use your Findings for your own business.

14. Liability

To the extent the law allows, and subject to clause 15, we are not liable for indirect or consequential loss, loss of profit or opportunity, or loss caused by a Supplier. Our total liability to you for all claims is limited to the fees you paid us in the 12 months before the claim arose.

Nothing in these Terms limits liability that the law does not allow to be limited, including for fraud, or for death or personal injury caused by negligence.

15. Your rights under consumer law

Australia

If you are a consumer under the Australian Consumer Law (which can include businesses buying services under A$100,000), our services come with guarantees that cannot be excluded. Where the law lets us limit our liability for a failure to meet a guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again. We will not rely on any term that is an unfair contract term.

United Kingdom

If you are a consumer, you have rights under the Consumer Rights Act 2015, including that services are performed with reasonable care and skill, and you may have a 14-day right to cancel under the Consumer Contracts Regulations 2013. If you ask us to start within that period, you may have to pay for work already done. These Terms don't affect those rights.

United States

Some states don't allow certain warranty exclusions or limits on liability, so some of clause 14 may not apply to you. These Terms don't affect any rights you have under your state's consumer protection laws.

16. Ending the Service

You can stop using the Service at any time. Fees for Savings already live remain payable. We may suspend or end the Service if you breach these Terms, and will tell you why. Clauses that by their nature should continue (such as fees owed, liability and confidentiality) continue after the Service ends.

17. Changes to these Terms

We may update these Terms. We will post the new version at /terms-of-use with a new date and, for material changes, tell you in advance by email. Changes don't affect fees for Changes you have already approved.

18. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts. If you are a consumer in the United Kingdom or United States, you also keep the protection of the mandatory laws where you live and may bring proceedings in your local courts.

19. Contact

Questions about these Terms: hello@smeinspect.com · privacy: privacy@smeinspect.com · post: PO Box 4127, Balgowlah Heights NSW 2093, Australia.

ClarityIntel Pty Ltd, ABN 54 697 254 596, trading as SMEInspect. See also our Privacy Policy.