These Terms of Service ("Terms") are a legal agreement between you ("Client", "you") and NOT FORGOTTEN SYSTEMS (ABN 93 689 926 707) ("Not Forgotten", "we", "us").
By signing up for Not Forgotten, completing the onboarding process, or using our service, you agree to these Terms. If you do not agree, do not use the service.
These Terms incorporate our Privacy Policy and Cookie Policy by reference. You should read all three.
Not Forgotten is an AI-powered quote follow-up service. Our core service:
We use artificial intelligence to draft follow-up communications, extract data from documents, and analyse patterns. Every message we send is reviewed before it goes out, and you can review or modify any draft before it is sent if you choose.
Important: We follow up on quotes you have already sent. We do not generate new quotes, negotiate prices, or close sales. The relationship with your customer remains yours. We are a follow-up assistant, not a sales team.
Our standard plan is $199 per month (ex GST) with a one-time $99 setup fee (ex GST).
Custom pricing may be offered for businesses with higher volume or specific requirements. Any custom pricing will be agreed in writing (email is sufficient).
Fees are billed monthly in advance, starting from the date your service is activated. The setup fee is billed once at the start of your engagement.
All fees are in Australian dollars and exclude GST unless otherwise stated. GST will be added where applicable.
We accept payment via bank transfer or other methods we may make available. Payment is due within 14 days of invoice.
If payment is more than 14 days overdue, we may suspend your service until payment is received. We will notify you before suspending. Suspension does not relieve you of your obligation to pay outstanding amounts.
We may change our pricing with 30 days' written notice. Existing clients on the standard plan will have their price locked for a minimum of 12 months from their start date. After that period, standard pricing adjustments apply with notice.
You may cancel your subscription at any time by emailing james@notforgotten.com.au. Cancellation takes effect at the end of your current billing period. There are no cancellation fees or minimum commitment periods beyond your current billing period.
We do not provide refunds for partial months. If you cancel mid-month, your service continues until the end of the billing period you have already paid for.
Upon cancellation:
To use Not Forgotten effectively, you are responsible for:
We will:
We use artificial intelligence (primarily Google Gemini) to assist with drafting follow-up emails, extracting data from documents, and analysing communication patterns.
What this means:
Our service depends on several third-party platforms:
These are established, reputable platforms. However, we do not control them. If a third-party service experiences an outage or issue that affects our service, we will work to restore normal operations as quickly as possible, but we are not liable for disruptions caused by third-party services beyond our reasonable control.
Our intellectual property: The Not Forgotten name, logo, website, software, systems, processes, and follow-up methodology are our intellectual property. You may not copy, replicate, or resell our service, systems, or methodology.
Your data: The quote information, customer data, and communication records generated through your use of the service remain your data. We claim no ownership over your customer information or business data. You grant us a limited licence to use your data solely for the purpose of providing the service to you (as described in our Privacy Policy).
Quote Insights reports: The monthly Quote Insights reports we generate for you are provided as part of the service. The underlying data is yours; the analysis, presentation, and methodology are ours.
We treat all client data as confidential. We will not disclose your customer lists, quote data, pricing, or business information to third parties except:
We may use aggregated, anonymised data (which cannot identify you or your customers) to improve our service, publish industry insights, or develop new features.
This section is important. Please read it carefully.
Service limitations: Not Forgotten is a follow-up assistant. We help increase the likelihood that your quotes result in work, but we cannot guarantee specific outcomes. Many factors affect whether a quote converts — price, timing, competition, the customer's circumstances — and most of these are outside our control.
No guarantee of results: We do not guarantee that using Not Forgotten will result in a specific number of converted quotes, a specific amount of recovered revenue, or any particular business outcome. Case studies and examples on our website reflect actual results achieved by specific clients; they are not promises of what you will achieve.
Liability cap: To the maximum extent permitted by Australian law, our total liability to you for any claim arising from or relating to these Terms or the service is limited to the total fees you have paid us in the 12 months preceding the claim.
Exclusion of consequential loss: We are not liable for indirect or consequential losses, including lost revenue, lost profit, lost business opportunities, or damage to reputation, arising from your use of (or inability to use) the service.
Australian Consumer Law: These Terms do not exclude, restrict, or modify any right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other law that cannot be excluded. If we breach a consumer guarantee, our liability is limited (at our option) to supplying the service again or paying the cost of having the service supplied again.
You agree to indemnify us against any claim, loss, or damage arising from:
We aim for high availability but we are a small, growing business. We do not offer an enterprise-grade SLA at our current pricing.
We will:
We maintain backup and recovery procedures. Our internal systems are designed with provider failover where feasible. More detail is available in our Security Register on request.
We may terminate or suspend your access to the service if:
If a dispute arises, we will work to resolve it quickly and fairly:
These Terms are governed by the laws of South Australia and the Commonwealth of Australia. Any legal proceedings must be brought in the courts of South Australia.
We may update these Terms from time to time. When we make material changes, we will notify you by email at least 30 days before the changes take effect. Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.
If you do not agree with the changes, you may cancel your subscription before the changes take effect, and the previous Terms will apply until your cancellation date.
Entire agreement: These Terms, together with our Privacy Policy and Cookie Policy, form the entire agreement between you and Not Forgotten Systems regarding the service.
Severability: If any part of these Terms is found to be unenforceable, the remaining parts continue in effect.
No waiver: If we do not enforce a right under these Terms, that does not mean we waive that right.
Assignment: You may not transfer your rights under these Terms without our written consent. We may assign these Terms to a successor entity in the event of a sale or restructure of the business.
Notices: Any notice under these Terms should be sent to james@notforgotten.com.au. We will send notices to the email address associated with your account.
Email: james@notforgotten.com.au
Phone: 0409 146 029
Mail: PO Box 23 Callington, South Australia 5254
We aim to respond to all enquiries within 1 business day.