Terms & Conditions

NexoAreo Partner Terms & Conditions

These Partner Terms & Conditions govern participation in and use of the NexoAreo service.

By accepting these Terms, creating or using a Partner account, depositing funds or using NexoAreo to receive call-out opportunities, the plumbing business agrees to these Terms.

In these Terms:

“NexoAreo”, “we”, “us” and “our” means the operator of the NexoAreo service.

“Partner”, “you” and “your” means the plumbing business using the service.

The legal entity operating NexoAreo must be identified before these Terms are issued for live acceptance.

1. NexoAreo Service

NexoAreo provides customer acquisition and real-time dispatch services for plumbing businesses.

NexoAreo uses advertising, SEO and other marketing designed to generate customers seeking same-day or emergency plumbing assistance and operates systems that connect those customers with eligible Partners.

NexoAreo does not perform plumbing work and is not the plumbing contractor engaged by the customer.

The current NexoAreo Service Information forms part of the Partner agreement and explains the operation of dispatch, fees, availability, refunds and related procedures.

2. Independent Businesses

The Partner operates an independent business.

Nothing in this agreement creates employment, partnership, joint venture, franchise or agency between NexoAreo and the Partner.

The Partner has no authority to bind NexoAreo or represent itself as an employee or agent of NexoAreo.

3. Authority

A person accepting these Terms on behalf of a Partner represents that they have authority to bind that plumbing business.

The Partner is responsible for activity undertaken through its account by its owners, employees, contractors and authorised users.

4. Partner Information

Partners must provide accurate and reasonably current business and account information.

This may include business name, ABN, contact information, designated dispatch number, service areas and operational information required for dispatch.

Materially false or misleading information may result in suspension or termination.

5. Licensing, Insurance and Legal Compliance

The Partner is solely responsible for determining and maintaining all licences, registrations, certifications, permits, insurance and other legal requirements applicable to its business and the work it undertakes.

The Partner is responsible for ensuring its employees, contractors and subcontractors are appropriately qualified and legally permitted to perform their work.

NexoAreo does not undertake to verify or continuously monitor these matters.

Participation in NexoAreo does not constitute confirmation that a Partner is licensed, insured, certified or legally authorised to undertake any particular work.

6. Responsibility for Plumbing Services

Once connected with a customer, the Partner is responsible for its dealings with that customer and any plumbing services it provides.

This includes responsibility for:

• Assessing the customer's requirements;
• Capability and suitability for the work;
• Pricing and quotations;
• Attendance;
• Safety;
• Employees and subcontractors;
• Compliance;
• Permits and certificates;
• Workmanship;
• Property damage;
• Customer payments;
• Invoices;
• Warranties;
• Rectification; and
• Complaints relating to the Partner's work.

The plumbing services contract is between the Partner and the customer.

NexoAreo is not a party to that contract.

7. Availability and Capacity

Partners control their availability through the NexoAreo system.

The Partner is responsible for accurately maintaining its online status, available capacity and selected service areas.

Being online with available capacity represents that the Partner is available to receive a NexoAreo dispatch.

NexoAreo may rely on the Partner's recorded availability and capacity when initiating dispatch.

8. Dispatch Rotation

Eligible Partners participate in a queue-based rotation.

NexoAreo may consider customer location, selected service areas, availability, capacity, rotation position and account balance when determining eligibility.

The rotation is intended to distribute opportunities fairly but does not guarantee equal call-out volume.

9. Exclusive Dispatch

NexoAreo offers an individual call-out to one eligible NexoAreo Partner at a time.

If that Partner declines or fails to answer, the opportunity may be offered to another eligible Partner.

Once accepted and successfully connected, NexoAreo will not continue offering the same call-out to other Partners.

This exclusivity applies to NexoAreo's dispatch process only. NexoAreo does not guarantee that a customer has not independently contacted, or will not independently contact, another plumbing business.

10. Fees

The current fee for an accepted call-out is $185 including GST.

When NexoAreo attempts to contact an eligible Partner that is online with available capacity, an attempted-contact fee of $150 including GST is incurred.

The attempted-contact fee applies where the Partner accepts, declines or does not answer.

If the Partner accepts, an additional $35 including GST is incurred, bringing the total accepted call-out fee to $185 including GST.

A call reaching voicemail is treated as unanswered.

Actions taken by persons answering the Partner's designated business number are treated as actions of the Partner for dispatch purposes.

11. Prepaid Balance

NexoAreo operates using prepaid Partner balances.

The current minimum deposit or top-up is $1,000.

A Partner must have at least $185 available balance to remain eligible for dispatch.

Fees are deducted as they are incurred.

NexoAreo may introduce additional payment mechanisms, including optional automatic top-ups, subject to appropriate terms and authorisation.

12. Genuine Call-Out Opportunity

NexoAreo's service is the delivery of a genuine plumbing call-out opportunity rather than a guaranteed sale.

A call-out is ordinarily successfully delivered where:

1. The customer is genuine;
2. There is a current plumbing requirement; and
3. The Partner has a reasonable opportunity to engage with the customer regarding that requirement.

After a genuine opportunity has been delivered, the Partner assumes responsibility for conversion.

Pricing, quoting, arrival times, sales performance, customer choice, subsequent cancellation, customer payment and other matters occurring after successful delivery do not ordinarily make the NexoAreo charge refundable.

There is no minimum job value or customer spend required for an opportunity to qualify.

13. Nature of the Caller

A genuine call-out is not limited to enquiries made by property owners.

A valid opportunity may be generated by a tenant, property manager, another plumbing business or another person legitimately seeking or arranging assistance for a current plumbing requirement.

Where another plumbing business accepts or arranges work and subsequently needs to pass, cover or subcontract that work to another plumber, those arrangements are the responsibility of the businesses involved and do not make an otherwise valid NexoAreo call-out refundable.

14. Current and Future Plumbing Requirements

A genuine current plumbing requirement may remain valid even where attendance is requested tomorrow or later in the week or the problem is not considered an emergency by the Partner.

An enquiry solely concerning planned future work where no current plumbing requirement exists may qualify for refund.

15. Refunds

A full refund of the amount charged for a call-out may apply where NexoAreo has not successfully delivered a genuine call-out opportunity.

Circumstances may include:

• Disconnection before meaningful connection;
• Customer disconnection before bridging;
• Immediate customer disconnection before a reasonable opportunity occurs;
• Fake, spam, prank, wrong-number or non-genuine enquiries;
• Non-plumbing enquiries;
• NexoAreo system or location errors resulting in incorrect dispatch;
• Customer-supplied dispatch location information that results in the actual job being outside the Partner's selected service areas;
• Accidental duplicate dispatch of the same customer and same requirement to the same Partner;
• The customer immediately stating that another plumber has already been arranged;
• The customer immediately stating that plumbing assistance is no longer required;
• Immediate rejection of the Partner before a genuine discussion can occur;
• Solely planned future work with no current plumbing requirement;
• A technical or telecommunications failure that prevents a meaningful connection;
• Serious customer behaviour that prevents a reasonable opportunity from occurring;
• A customer being incapable of communicating enough information for a reasonable opportunity to occur; or
• The customer's plumbing problem genuinely resolving itself during the initial conversation.

The applicable circumstances and available evidence will determine refund eligibility.

Nothing in this section limits statutory rights or remedies that cannot lawfully be limited.

16. Circumstances That Do Not Ordinarily Create a Refund

Where a genuine opportunity has been delivered, a refund does not ordinarily arise because:

• The customer requests or compares prices;
• The customer contacts or considers other plumbers;
• The customer requests a quote;
• The Partner's quote is rejected;
• The customer considers the price too high;
• The customer chooses not to proceed;
• The customer books and later cancels;
• The customer becomes unresponsive after a genuine initial interaction;
• The Partner does not provide the particular plumbing service required;
• The Partner decides a correctly routed address is too far away within a selected service area;
• The customer requires third-party approval;
• The customer has a limited budget;
• A language barrier makes conversion difficult;
• The Partner decides not to perform otherwise genuine work because of capability, commercial, safety or legal considerations; or
• The customer does not ultimately become a paying customer.

Where the Partner provides advice that assists the customer in resolving or managing the problem, the opportunity remains delivered even if attendance subsequently becomes unnecessary.

17. Duplicate and Separate Requirements

Accidental repeat dispatch of the same customer and same plumbing requirement to the same Partner may qualify for refund.

A genuinely separate plumbing requirement constitutes a separate opportunity and may incur a separate fee, regardless of whether:

• It occurs on the same day;
• The customer has previously used the Partner; or
• NexoAreo previously introduced the customer to that Partner.

18. Technical Failures

Where a genuine NexoAreo or telecommunications failure prevents a meaningful connection with the customer, the applicable charge may be refunded.

Where a meaningful opportunity to discuss the customer's current plumbing requirement occurred before the technical disconnection, the opportunity is considered delivered.

Where a genuine NexoAreo technical error causes a dispatch attempt despite the Partner having correctly recorded itself as offline or unavailable, the applicable attempted-contact charge may be refunded.

19. Refund Disputes

A Partner may dispute a call-out through the NexoAreo app.

Disputes should ordinarily be submitted within 24 hours of the relevant call-out to enable prompt investigation.

NexoAreo may review relevant evidence including:

• Initial customer call recordings;
• Call transcripts;
• Dispatch records;
• Call connection records;
• Account status and availability records;
• System information; and
• Information supplied by the Partner.

NexoAreo will assess whether the call-out satisfies the applicable refund criteria.

Where approved, the full amount charged for the relevant call-out will be credited to the Partner's NexoAreo account balance.

The 24-hour process does not remove statutory rights that cannot lawfully be limited.

20. Refund and Dispatch Manipulation

Partners must not deliberately manipulate NexoAreo's dispatch or dispute processes.

Prohibited conduct includes:

• Encouraging or instructing customers to provide false information for refund purposes;
• Asking customers to misrepresent whether assistance is required;
• Deliberately disconnecting calls and falsely claiming the customer disconnected;
• Accepting call-outs solely to obtain customer contact information before attempting to avoid the applicable fee;
• Colluding with customers or others to create artificial refund circumstances;
• Knowingly providing false or misleading information in a dispute; or
• Manipulating availability, capacity, dispatch rotation or system functionality to obtain an improper advantage.

Where NexoAreo has reasonable grounds, supported by available information, to suspect deliberate abuse, it may investigate and may suspend the Partner while serious suspected misconduct is investigated.

Confirmed material abuse may result in refusal of an invalid refund request and suspension or termination.

21. Customer Conversion and Payment

NexoAreo does not guarantee that a customer will accept the Partner's price, engage the Partner, proceed with work, remain contactable or pay the Partner.

Customer non-payment does not affect a NexoAreo fee properly incurred for a delivered opportunity.

NexoAreo has no responsibility for collecting the Partner's customer invoice.

22. No Guaranteed Volume or Revenue

NexoAreo does not guarantee any minimum:

• Call-out volume;
• Frequency;
• Shift volume;
• Service-area volume;
• Job value;
• Customer spend;
• Conversion rate;
• Revenue; or
• Profit.

23. Customer Information

After acceptance, NexoAreo may provide information including the customer's mobile number and NexoAreo job number.

The Partner may use customer information for legitimate business purposes connected with the customer relationship, including service delivery, quoting, invoicing, follow-up, warranties, customer relationship management and lawful future marketing.

The Partner must comply with applicable privacy, spam and marketing laws.

Customer information must not be sold or improperly disclosed to unrelated third parties.

24. Ongoing Customer Relationships

After introduction, the Partner may maintain a direct relationship with the customer.

NexoAreo does not charge a dispatch fee merely because that customer subsequently contacts the Partner directly for further work.

If that customer separately contacts NexoAreo with a new plumbing requirement and NexoAreo generates and dispatches that new opportunity, the new call-out may attract the applicable fee.

25. Partner Conduct

Partners must act professionally toward customers and NexoAreo personnel.

Partners must not engage in fraud, threats, harassment, deceptive conduct, misuse of customer information, dispatch manipulation or unlawful use of the service.

NexoAreo does not otherwise control how the Partner independently operates its plumbing business.

26. Account Security

Partners are responsible for taking reasonable steps to secure their account and login credentials.

The Partner is responsible for actions of authorised users operating through its account or designated dispatch number.

Suspected unauthorised access should be reported promptly.

27. Customer Complaints

NexoAreo may investigate complaints concerning a Partner and request reasonable information relevant to the complaint.

The Partner remains responsible for resolving complaints relating to its work, pricing, attendance, personnel, workmanship and customer service.

Serious or repeated complaints may result in account action where reasonably necessary to protect customers, the service or NexoAreo's legitimate business interests.

28. No-Shows

If a Partner accepts a customer and agrees to attend but subsequently fails to attend without reasonable justification or communication, NexoAreo may investigate.

No additional automatic financial penalty applies solely because of a no-show.

Serious or repeated no-shows may result in suspension or termination.

29. Suspension

NexoAreo may suspend a Partner where reasonably necessary because of matters including:

• Suspected fraud;
• Deliberate refund or dispatch manipulation;
• Payment failure;
• Chargebacks;
• Negative balance;
• Serious or repeated complaints;
• Serious or repeated no-shows;
• Customer-information misuse;
• Materially false information;
• Material breach of these Terms;
• Suspected unlawful conduct; or
• Material customer-safety, legal, payment or service-integrity concerns.

Where an issue can reasonably be remedied, NexoAreo may provide an opportunity to remedy it.

Immediate suspension may occur where reasonably necessary to address serious fraud, payment, security, legal or customer-safety concerns.

30. Termination

There is no fixed minimum term or monthly commitment.

A Partner may stop using NexoAreo and request account closure.

NexoAreo may terminate access for serious breach, unremedied material breach, fraud, unlawful conduct, serious or repeated misconduct, serious customer issues or material safety, payment, legal or operational risks.

NexoAreo may also discontinue a Partner relationship where it has reasonable grounds to conclude that continued participation would materially harm NexoAreo's service, customers or legitimate business interests.

Where reasonable and practicable, notice will be provided.

Termination does not affect obligations properly incurred beforehand.

31. Unused Account Funds

While an account remains active, prepaid funds are intended for use with NexoAreo and are not ordinarily available for withdrawal.

On account closure, the Partner may request return of its remaining unused deposited balance.

NexoAreo may first deduct:

• Valid outstanding charges;
• Any negative balance; and
• Amounts reasonably required for unresolved payment disputes existing at closure.

Subject to unresolved payment issues, the remaining refundable balance will ordinarily be processed within 10 business days after account closure and receipt of any information reasonably required to process the return.

32. Chargebacks

NexoAreo may temporarily suspend dispatch where a Partner initiates a chargeback or payment reversal while the matter is investigated.

A chargeback does not extinguish fees validly incurred.

Where a reversal results in a valid outstanding amount, the Partner remains responsible for that amount.

Access may remain suspended until the payment issue is resolved.

33. Negative Balances

If a technical, payment or processing issue results in a negative balance or unpaid valid charge, the Partner must restore the balance or pay the outstanding amount.

Further dispatch may be suspended until the issue is corrected.

34. Fee Changes

NexoAreo may change its fees by providing at least 14 days' notice.

Changed fees apply prospectively to dispatches attempted after the effective date.

A Partner that does not wish to continue under changed pricing may stop using NexoAreo and close its account before the change takes effect.

35. Service Changes

NexoAreo may reasonably modify its app, dispatch process, operating areas, shifts, features and operational systems.

Where a material change significantly affects Partner rights or obligations, reasonable advance notice will be provided where practicable.

Changes will not retrospectively alter fees properly incurred for completed dispatches.

36. Changes to These Terms

NexoAreo may update these Terms.

At least 14 days' notice will be provided for changes materially affecting Partner rights or obligations unless a shorter period is reasonably necessary because of law, fraud, security or another urgent operational issue.

Material changes apply prospectively.

A Partner may stop using NexoAreo and close its account before a material change takes effect.

Continued use after the effective date constitutes acceptance of the updated Terms.

37. Branding

Partners may accurately state that they receive customer opportunities or call-outs through NexoAreo.

Without permission, Partners must not:

• Trade as NexoAreo;
• Describe themselves as “NexoAreo Plumbing”;
• Use NexoAreo branding in a manner suggesting ownership or agency;
• Represent themselves as NexoAreo employees or agents; or
• Otherwise materially misrepresent their relationship with NexoAreo.

38. Customer Information Accuracy

NexoAreo's initial intake is principally designed to obtain information necessary for dispatch, including customer location.

NexoAreo does not conduct a detailed technical assessment of the plumbing problem before connection.

NexoAreo therefore does not guarantee that all information supplied by a customer will be complete or accurate.

This does not affect refund eligibility where the circumstances fall within the applicable refund policy.

39. Service Availability

NexoAreo relies on software, telecommunications, internet infrastructure, payment providers and other third-party systems.

Temporary outages, maintenance, telecommunications failures and other disruptions may occur.

NexoAreo does not guarantee uninterrupted or error-free operation.

NexoAreo will take reasonable steps appropriate to the circumstances to maintain and restore its service.

40. Lost Opportunities and Expected Revenue

Subject to rights and liabilities that cannot lawfully be excluded or limited, NexoAreo is not responsible for indirect or consequential losses arising from service interruptions, including anticipated profit or revenue from opportunities that were not actually delivered.

NexoAreo does not guarantee that any particular potential call-out would otherwise have been dispatched to, accepted by or converted by a Partner.

41. Partner Liability and Indemnity

The Partner is responsible for claims, loss and liability arising from its plumbing work, employees, contractors, negligence, unlawful conduct or breach of these Terms.

To the extent permitted by law, the Partner indemnifies NexoAreo against third-party claims, losses, liabilities and reasonable costs arising from:

• Plumbing services performed or arranged by the Partner;
• Personal injury or property damage caused by the Partner or its personnel;
• The Partner's breach of applicable law;
• Misuse of customer information;
• Material breach of these Terms; or
• Negligent, fraudulent or unlawful conduct by the Partner or its personnel.

The indemnity is reduced to the extent NexoAreo's own negligent, unlawful or wrongful conduct caused or contributed to the loss.

42. NexoAreo Liability

Nothing in these Terms excludes, restricts or modifies a guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to those rights, NexoAreo is not responsible for matters controlled by the Partner, including plumbing work, pricing, customer representations made by the Partner, personnel, workmanship, property damage or collection of customer payments.

Any limitation in these Terms operates only to the maximum extent permitted by law.

43. Australian Consumer Law

Nothing in these Terms is intended to exclude or limit rights available under the Australian Consumer Law or other legislation where those rights cannot lawfully be excluded or limited.

Where applicable legislation permits liability to be limited rather than excluded, these Terms operate only to the extent permitted by that legislation.

44. Privacy

NexoAreo may collect, use and disclose information as reasonably necessary to operate dispatch, administer Partner accounts, process payments, investigate disputes, maintain security and manage the Partner relationship.

NexoAreo's handling of personal information is also subject to its applicable Privacy Policy.

Partners remain responsible for their own handling of customer information.

45. Notices

NexoAreo may communicate operational and contractual notices through reasonable channels associated with the Partner account, including email, SMS and in-app notices.

Partners must maintain current contact information.

46. Entire Agreement and Document Priority

These Terms, together with the current NexoAreo Service Information and any terms expressly incorporated into them, govern the Partner's use of NexoAreo.

If promotional or marketing material conflicts with these Terms, these Terms prevail.

If the Service Information conflicts with these Terms regarding a legal obligation, these Terms prevail.

Current operational information and pricing expressly identified in the Service Information may be updated in accordance with these Terms.

47. Severability

If a provision is invalid, unlawful or unenforceable, it will be read down where reasonably possible.

If it cannot be read down, it will be severed without affecting the remaining provisions to the extent permitted by law.

48. No Waiver

Failure to immediately enforce a right does not waive that right.

Waiver of one breach does not automatically waive another breach.

49. Governing Law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to courts and tribunals having jurisdiction in Victoria, subject to any applicable legal rights to bring proceedings elsewhere.