Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") govern your access to and use of SparkBiz, including the website at sparkbiz.com.au and the application at app.sparkbiz.com.au (together, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

You must be at least 18 years old and using the Service on behalf of a business (sole trader, partnership, or company) to create an account — SparkBiz is a business tool, not a consumer product.

2. Who we are

SparkBiz is operated by Pingens Holdings Pty Ltd, ABN 43 660 178 389, based in New South Wales, Australia ("SparkBiz", "we", "us", "our").

3. Your account

• You must provide accurate business and contact details when registering, and keep them up to date.
• You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account.
• SparkBiz currently supports one login per business — if you need multiple team members to have access, contact us.
• Notify us immediately at hello@sparkbiz.com.au if you suspect unauthorised access to your account.

4. The Services

SparkBiz provides the following tools, each licensed separately unless purchased as part of a bundle:

Module	What it does
Invoice	Create, send, and track GST invoices; bank reconciliation
Variations	Get homeowner/client approval on contract variations with an audit trail
E-Sign	Send PDF documents for electronic signature by one or more recipients
E-Request	Send free-text emails to your existing Invoice/Variations contacts (included at no extra charge with either of those two modules)

We may add, change, or discontinue features over time. We'll make reasonable efforts to notify active users of any change that materially reduces functionality they're paying for.

5. Subscriptions, trials, billing & cancellation

• Free trial — new accounts receive a 14-day free trial per module. No payment is required to start a trial.
• Billing — paid plans are billed annually, in advance, per module, in AUD, processed by Stripe. Each module you subscribe to is billed as its own separate subscription.
• Auto-renewal — subscriptions renew automatically at the end of each billing period unless cancelled beforehand.
• Cancellation — you can cancel any module at any time via Settings → Manage Subscription (Stripe's customer portal). Cancelling stops future renewal; you retain access to that module until the end of the period you've already paid for.
• Refunds — fees already paid are generally non-refundable for the remaining portion of a billing period, except where required by the Australian Consumer Law or at our discretion.
• Price changes — we may change prices for future billing periods; we'll give existing subscribers reasonable notice before a price change takes effect on their next renewal.
• Failed payments — if a renewal payment fails, we'll email you and may suspend access to the affected module until payment succeeds or the subscription is cancelled.

6. Your data & content

You retain ownership of all data and content you upload or enter into SparkBiz — your client/homeowner details, invoices, uploaded documents, and anything else you put in. We process this data solely to provide the Service to you, as described in our Privacy Policy.

You're responsible for the accuracy of the data and figures you enter — SparkBiz formats and delivers documents based on what you provide; it does not independently verify or calculate tax or GST figures on your behalf (see Module-Specific Terms below).

You grant us a licence to host, process, and transmit your data solely as needed to operate the Service (e.g. generating PDFs, sending emails on your behalf, storing documents).

7. Acceptable use

You agree not to use SparkBiz to:

• Send spam, unsolicited bulk email, or content that violates Australia's Spam Act 2003 or equivalent laws
• Upload or send unlawful, fraudulent, defamatory, or infringing content
• Attempt to gain unauthorised access to another tenant's data or to the Service's infrastructure
• Reverse-engineer, resell, or white-label the Service without our written consent
• Use the Service in a way that breaches the terms of any connected third-party service (Google, Microsoft, Stripe)

We may suspend or terminate accounts that breach this section (see Section 13).

8. Module-specific terms

8.1 Variations

Approval records captured through SparkBiz (name, timestamp, IP address) are intended to support a record of assent under the Electronic Transactions Act 1999 (Cth), but SparkBiz does not provide legal advice and does not guarantee that any specific variation or contract is enforceable. You should seek your own legal advice for your specific contracts and jurisdiction.

8.2 E-Sign

E-Sign lets you collect electronic signatures on documents you upload. SparkBiz is not a party to, and takes no responsibility for, the content or subject matter of any document you send for signature. As with Variations, we do not guarantee the legal enforceability of any specific document or signature — that depends on your document, your recipients, and applicable law. You are responsible for ensuring you have the right to send each document and for its content.

8.3 Invoice

GST calculations are performed automatically based on the prices you enter (ex-GST). You remain responsible for your own GST registration status and reporting obligations to the ATO.

9. Email sending on your behalf

When you send invoices, approval requests, e-sign invites, or E-Request messages through SparkBiz, you are responsible for the content of those emails and for having a lawful basis to email each recipient. If you connect your own Gmail or Microsoft account, that connection is also subject to Google's and Microsoft's own terms of service.

10. Third-party services

SparkBiz relies on third-party providers to operate — including Stripe (payments), AWS (email delivery and document storage), Resend (email delivery fallback), and Google/Microsoft (if you connect those accounts). Your use of those integrations is also subject to each provider's own terms. See our Privacy Policy for the full list.

11. Service availability & support

We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. We may need to suspend access temporarily for maintenance, updates, or issues outside our control (including outages of third-party providers we depend on). Support requests can be sent to hello@sparkbiz.com.au.

12. Intellectual property

SparkBiz, its software, design, and branding are owned by Pingens Holdings Pty Ltd. Nothing in these Terms transfers any of that ownership to you. You retain all rights to your own data and content, as described in Section 6.

13. Suspension & termination

We may suspend or terminate your access to the Service if you materially breach these Terms, misuse the Service, or fail to pay fees due. You may stop using the Service and cancel your subscriptions at any time. On termination, your data is retained and deleted in line with our Privacy Policy's data retention section.

14. Disclaimers & limitation of liability

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we exclude all warranties not expressly stated in these Terms. To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Service is limited to the total fees you paid us in the 12 months before the event giving rise to the claim, and we are not liable for any indirect, consequential, or special loss (including lost profits or lost data).

Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot lawfully be excluded.

15. Indemnity

You agree to indemnify us against any claims, losses, or costs arising from your misuse of the Service, your breach of these Terms, or the content you send or upload through it.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we'll update the "last updated" date above and notify active users by email if the changes are material. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing law & disputes

These Terms are governed by the laws of New South Wales, Australia. You and SparkBiz submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising from these Terms or the Service.

18. Contact us