Swarv.co – Trade Partner Terms & Conditions
1. Overview of Services
Swarv.co provides an online referral and lead-generation platform that connects subscribed trade professionals (“Trade Partners”) with potential clients.
By subscribing, you acknowledge that Swarv.co provides marketing exposure and referral opportunities only, and does not guarantee work, income, or business growth.
2. No Guarantee of Leads, Work or Results
Swarv.co does not guarantee:
- the number, frequency, or consistency of leads
- the accuracy, completeness, or suitability of any lead
- that any lead will convert into a quote, job, or revenue
- any return on investment (ROI)
Trade Partners acknowledge that results will vary depending on factors outside Swarv.co’s control, including market demand, pricing, responsiveness, competition, and client preferences.
3. Nature of Service (Marketing Subscription)
The service provided is a paid marketing and platform access subscription, not a pay-per-lead or pay-per-job service.
Fees are charged for:
- inclusion on the Swarv.co platform
- brand exposure and visibility
- participation in marketing campaigns
- receipt of referral opportunities
4. Subscription Term & Fees
Trade Partners agree to a fixed 12-month subscription term based on one up front payment..
All fees:
- must be paid in advance or under agreed payment terms
- are non-cancellable during the subscription period
- are non-refundable, except where required by law
Failure to use the platform or respond to leads does not entitle the Trade Partner to a refund.
5. Marketing & Advertising Activities
Swarv.co will undertake strategic marketing and advertising efforts during the subscription period, which may include digital advertising, search marketing, social media campaigns, and other promotional activities.
Trade Partners acknowledge that:
- marketing performance can fluctuate
- Swarv.co does not guarantee impressions, clicks, leads, or conversions
- marketing strategies may change at Swarv.co’s discretion
6. Lead Distribution
Leads may be shared with up to three (3) Trade Partners per enquiry.
Swarv.co:
- does not guarantee exclusive access to leads
- does not guarantee equal distribution of leads among Trade Partners
- reserves full discretion in how leads are allocated
7. Trade Partner Responsibilities
Trade Partners agree to:
- maintain valid licences, registrations, and insurance
- provide accurate and current business information
- communicate professionally and lawfully with clients
- respond to leads promptly
Trade Partners are solely responsible for all quotes, work, agreements, and outcomes.
8. Refunds, Disputes & Chargebacks
8.1 No Refunds for Performance-Based Claims
Trade Partners acknowledge that dissatisfaction based on:
- lack of leads
- poor lead quality
- lack of conversions or revenue
- perceived return on investment
does not constitute grounds for a refund.
8.2 Acknowledgment of Risk
By subscribing, Trade Partners accept the commercial risk associated with marketing services and understand that outcomes are not guaranteed.
8.3 Cooling-Off & Legal Rights
Nothing in these terms excludes rights under the Australian Consumer Law (ACL).
Refunds will only be provided where:
- required by law, or
- Swarv.co fails to deliver the core service (platform access and referral distribution)
8.4 Dispute Process
If a Trade Partner wishes to raise a dispute, they must:
- Submit a written request within 7 days of the issue arising
- Provide reasonable evidence supporting their claim
Swarv.co will review and respond within a reasonable timeframe.
8.5 Chargebacks & Payment Disputes
Trade Partners agree not to initiate chargebacks or payment reversals without first following the dispute process outlined above.
Where a chargeback is initiated:
- Swarv.co reserves the right to suspend or terminate access immediately
- the full outstanding balance may become immediately payable
- recovery action may be taken, including debt collection and associated costs
8.6 Administrative & Recovery Costs
Trade Partners agree to reimburse Swarv.co for any costs incurred in recovering unpaid fees, including administrative fees, legal costs, and collection agency fees where applicable.
9. Independent Contractor Relationship
Trade Partners operate independently. Swarv.co is not a party to any agreement between Trade Partners and clients and accepts no responsibility for services provided.
10. Limitation of Liability
To the maximum extent permitted by law, Swarv.co is not liable for:
- loss of profits, revenue, or business opportunity
- client disputes or non-payment
- indirect or consequential loss
Where liability cannot be excluded, it is limited to the resupply of services or the cost of resupply.
11. Suspension or Termination
Swarv.co may suspend or terminate access if a Trade Partner:
- breaches these terms
- engages in misconduct
- receives repeated complaints
No refunds will be provided in such cases.
12. Changes to Terms
Swarv.co reserves the right to update these Terms at any time. Continued use of the platform constitutes acceptance of the updated Terms.
13. Acceptance of Terms
By subscribing, you confirm that you have read, understood, and agree to these Terms & Conditions and acknowledge the nature and limitations of the service provided.
