These Terms of Service ("Terms") govern your access to and use of the CallMagnet service ("Service"), operated by CallMagnet, a trading name of Nextpak Pty Ltd ABN 78 686 984 789, accessible at callmagnet.com.au.
By signing up for, paying for, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.
CallMagnet is a missed call recovery service for Australian small businesses. When a call to your registered business number goes unanswered, the Service automatically sends an SMS to the caller containing a link to your online booking page.
The Service includes:
The Service is available to Australian businesses only. By signing up you confirm that you are operating a legitimate business in Australia, you are authorised to enter into these Terms on behalf of that business, the business number you register is a number used for your business, and you are 18 years of age or older.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at hello@callmagnet.com.au if you suspect unauthorised access. You must provide accurate and complete information when creating your account and keep it up to date.
Your billing cycle commences on the date your subscription begins. Billing is monthly and recurring. All prices are in Australian dollars and include GST where applicable.
Payment is processed by Stripe. By providing your payment details you authorise CallMagnet to charge your nominated payment method on a recurring monthly basis.
If a payment fails your account will be suspended. Access is automatically restored when payment is successfully processed.
We reserve the right to change our pricing with 30 days written notice to your registered email address.
You may cancel your subscription at any time by contacting us at hello@callmagnet.com.au. Cancellation requests will be processed within 2 business days.
Following cancellation, you will retain access to the Service for the remainder of your current paid billing period, up to a maximum of 30 days from the date of cancellation. No refund is provided for the unused portion of your billing period.
Your data is retained for 3 years following account cancellation, after which it is permanently deleted. You may request earlier deletion by contacting hello@callmagnet.com.au.
You agree to use the Service only for lawful purposes. You must not use the Service to send SMS messages for any purpose other than responding to genuine missed calls, register a number that does not belong to your business, use the Service to harass or harm any person, attempt to reverse engineer any part of the Service, or use the Service in any way that violates Australian law including the Spam Act 2003, the Privacy Act 1988, or the Australian Consumer Law.
The SMS sent by CallMagnet is a service notification sent in direct response to an initiated contact — a caller who dialled your registered business number and did not connect. CallMagnet operates on the basis that this constitutes a transactional or service-related message responding to an existing commercial relationship or initiated contact.
As a subscriber, you are the sender of record for the SMS messages sent to your missed callers. You are responsible for ensuring the booking link in the SMS is accurate, the SMS content is not false or misleading, and you respond promptly to any unsubscribe requests.
Callers who do not wish to receive further SMS messages may reply STOP. Opt-out is handled automatically at the carrier level via Twilio — no manual action is required.
The missed call SMS is positioned as a service notification responding to an initiated contact rather than a commercial marketing message. This is the strongest available compliance position under the Spam Act 2003. We recommend you obtain independent legal advice from a telecommunications lawyer before scaling the Service.
Your use of the Service is also governed by our Privacy Policy below. Anonymised and aggregated data generated by your use of the Service may be used by CallMagnet for industry analysis and reporting purposes. Individual client data is never sold to third parties.
CallMagnet owns all intellectual property rights in the Service including the software, dashboard, data models, and any aggregated or anonymised datasets derived from the Service. You retain ownership of your business information. You grant CallMagnet a limited licence to use your business information solely to provide the Service.
When you use the Service, your usage contributes to an anonymised aggregate dataset capturing patterns such as missed call frequency, time of day, day of week, click-through rates, and conversion rates across the CallMagnet client network.
Individual data about your callers is private and protected. Anonymised and aggregated data — from which no individual business or caller can be identified — is owned by CallMagnet. CallMagnet may use, publish, license, or commercialise anonymised aggregate data for industry intelligence purposes. No individual caller data, no individual business data, and no identifying information will ever be included in any licensed or published dataset.
To the maximum extent permitted by Australian law, CallMagnet is not liable for any missed bookings, lost revenue, or business losses arising from the use or non-use of the Service. CallMagnet's total liability for any claim is limited to the fees paid in the 3 months preceding the claim.
Nothing in these Terms excludes any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law.
We may suspend or terminate your access immediately if you breach these Terms, we reasonably believe your use violates Australian law, or you fail to pay fees and payment is not recovered within 30 days.
We reserve the right to modify any part of the Service with 30 days notice. We will not make changes that materially reduce core functionality without providing a pro-rata refund for the affected period.
For any questions about these Terms, contact us at hello@callmagnet.com.au.
We will never sell your data. This is a firm commitment. Individual client data and individual caller data will never be sold, transferred, or disclosed to any third party for commercial purposes.
CallMagnet is committed to protecting the privacy of individuals whose information we handle. This Privacy Policy explains how we collect, use, store, and protect personal information in connection with our Service.
This Privacy Policy is prepared in accordance with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs).
We collect personal information only for purposes directly related to providing the Service — to send the missed call SMS, to populate your dashboard, to configure and operate your account, and to send service communications.
We do not use personal information for direct marketing to your callers.
All data is stored in Supabase, a managed database platform with servers in the Asia-Pacific region. Security measures include encryption at rest and in transit, Row Level Security ensuring each client can only access their own data, and hashed password storage.
We will never sell individual client data or caller data to any third party. We will never disclose your information to advertisers. We will not disclose your information to government authorities unless required by law.
CallMagnet may publish or license anonymised aggregate data derived from the collective use of the Service. This data captures industry-level patterns and is processed to ensure no individual business, caller, or identifying information can be derived from it. This data does not constitute personal information under the Privacy Act 1988.
Under the Privacy Act 1988 you have the right to access your personal information, correct inaccurate information, request deletion of your data, and opt out of service communications. Contact us at hello@callmagnet.com.au. We will respond within 30 days.
Callers who receive an SMS through CallMagnet may reply STOP to opt out of further SMS messages from that business number, contact us at hello@callmagnet.com.au to enquire about information collected, or request deletion of their phone number from our records.
Contact us first at hello@callmagnet.com.au. If you are not satisfied, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or by calling 1300 363 992.
We will notify you of material changes by email at least 30 days before they take effect. Your continued use of the Service after that period constitutes acceptance.
For any privacy-related enquiries, contact us at hello@callmagnet.com.au.