Term's & Conditions

Terms and Conditions

Client Flow Systems (CFS)

Operated by Calogero Mangione

Website: thecfsagency.com | Email: [email protected]

Last updated: June 2026

 

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern the use of services provided by Client Flow Systems ("CFS", "we", "us", or "our"), operated by Calogero Mangione, and apply to all clients, partners, and users ("you" or "Client") who engage with our services or access our website at thecfsagency.com.

By engaging our services, signing a partnership agreement, or accessing our website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.

 

2. Services

CFS provides AI-powered automation services including but not limited to:

        Database Reactivation (DBR) — SMS-based outreach to dormant lead lists

        Speed to Lead AI Bot — automated engagement of new inbound leads

        Out of Hours AI Bot — automated qualification of after-hours enquiries

        Google Reviews AI Bot — automated responses to Google Business reviews

        Abandoned Cart Recovery Bot — SMS follow-up for incomplete purchases

        Document Collection Bot — automated chasing of outstanding documents

        Any additional services as agreed in writing between the parties

The specific services to be provided, along with any applicable commission rates, fees, or performance terms, will be set out in a separate Partnership Agreement or service agreement between CFS and the Client.

 

3. Performance-Based Model

Unless otherwise agreed in writing, CFS operates on a performance-based model. This means:

        No upfront fees are charged to the Client for the DBR service

        Commission is payable only upon successful outcomes as defined in the applicable Partnership Agreement (e.g. settled deals, booked appointments, or completed sales)

        CFS invests its own time, technology, and resources into each campaign

        The Client is responsible for closing leads and converting booked appointments into revenue

Where a flat fee, retainer, or per-appointment fee model is agreed, the terms of that agreement supersede this clause.

 

4. Client Obligations

By engaging CFS, the Client agrees to:

        Provide accurate, complete, and lawfully obtained lead data and contact lists

        Confirm that all contacts in any provided database have a pre-existing commercial relationship with the Client or have otherwise consented to receive commercial communications

        Comply with all applicable laws including but not limited to the Spam Act 2003 (AU), Privacy Act 1988 (AU), UK GDPR, PECR, and any other applicable data protection or marketing legislation

        Close and convert qualified leads delivered by CFS in a timely manner

        Pay all invoices in accordance with the agreed payment terms

        Provide CRM access or reporting visibility sufficient for CFS to track performance and settlements

        Notify CFS promptly of any complaints, opt-outs, or legal notices received relating to campaign communications

        Approve all campaign copy and SMS sequences before they go live

 

5. Fees and Payment

5.1 Commission-Based Fees

Where CFS operates on a commission-only basis, invoices will be issued upon each qualifying event (e.g. deal settlement, appointment booking) as defined in the Partnership Agreement. Payment is due within 7 days of invoice unless otherwise agreed.

5.2 SMS and Technology Costs

All SMS messaging costs incurred through the CFS platform are passed on to the Client at cost or at the agreed markup rate. The Client is responsible for maintaining sufficient credits in their allocated sub-account or for reimbursing CFS for SMS costs incurred on their behalf.

5.3 Late Payment

Invoices not paid within the agreed timeframe may attract a late payment fee of 5% per 30 days overdue. CFS reserves the right to suspend services for accounts with outstanding invoices.

5.4 Clawbacks

Where a commission has been paid and the underlying deal is subsequently clawed back by a lender or cancelled before settlement, CFS agrees to repay its share of the commission proportionally, provided the Client notifies CFS in writing within 30 days of the clawback.

 

6. Intellectual Property

All systems, workflows, automation sequences, AI configurations, software, and technology built or operated by CFS remain the sole intellectual property of Calogero Mangione / CFS. This includes but is not limited to:

        SMS conversation scripts and bot prompts

        GHL workflows and automation configurations

        Zapier integrations and API connections

        Any custom code, systems, or tools developed for or during the engagement

The Client retains ownership of their own data, brand assets, and any marketing copy created specifically for and approved by the Client for use in their campaigns. Upon termination, CFS will return or delete all Client data within 14 days.

 

7. Data Protection and Privacy

CFS takes data protection seriously. By engaging our services, both parties agree to:

        Comply with all applicable data protection laws including the Privacy Act 1988 (Cth) and Australian Privacy Principles (AU clients), UK GDPR and Data Protection Act 2018 (UK clients), and any other applicable legislation

        Process personal data only for the purposes set out in the Partnership Agreement and these Terms

        Implement appropriate technical and organisational measures to protect personal data

        Not share personal data with any unauthorised third parties

        Notify the other party within 24 hours of becoming aware of any data breach affecting shared personal data

A separate Data Processing Agreement (DPA) may be required and will be provided upon request or where legally required.

CFS operates remotely and may process data from outside Australia or the UK. Appropriate safeguards will be maintained consistent with applicable cross-border data transfer requirements.

 

8. Confidentiality

Both parties agree to keep confidential all proprietary information, business data, client lists, pricing, systems, and strategies shared during the engagement. This obligation survives termination of the agreement.

Neither party shall disclose the other's confidential information to any third party without prior written consent, except where required by law.

 

9. Warranties and Disclaimers

CFS warrants that:

        It will provide services with reasonable care and skill

        All campaign communications will comply with applicable spam and marketing laws

        It will act in good faith in the performance of its obligations

CFS does not warrant or guarantee:

        Any specific number of leads, bookings, or revenue outcomes

        That reply rates, conversion rates, or revenue figures achieved for other clients will be replicated

        That all contacts in a provided database will respond or engage

Results depend on many factors outside CFS's control including list quality, market conditions, the Client's sales process, and the nature of the product or service offered.

 

10. Limitation of Liability

To the maximum extent permitted by law:

        CFS's total liability to the Client for any claim arising out of or relating to these Terms or the services shall not exceed the total fees paid by the Client to CFS in the 3 months preceding the claim

        CFS shall not be liable for any indirect, consequential, special, or punitive damages including loss of profit, loss of revenue, or loss of data

        CFS shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control

Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence.

 

11. Termination

Either party may terminate the engagement by providing 30 days written notice to the other party.

Upon termination:

        CFS shall be entitled to all commissions earned prior to the termination date, including on deals that settle after termination where the lead was originated by CFS during the engagement period

        All outstanding invoices become immediately due and payable

        CFS will return or securely delete all Client data within 14 days

        Both parties' confidentiality obligations survive termination

CFS may terminate immediately and without notice if the Client breaches these Terms, fails to pay invoices, or engages in conduct that brings CFS into disrepute.

 

12. Compliance with Laws

The Client is solely responsible for ensuring that its use of CFS services complies with all applicable laws in its jurisdiction, including consumer protection laws, financial services regulations, and industry-specific compliance requirements.

For mortgage broker clients in Australia, the Client confirms it holds all necessary licences and authorisations required under the National Consumer Credit Protection Act 2009 (NCCP) and any applicable ASIC requirements.

 

13. Amendments

CFS reserves the right to update or amend these Terms at any time. Clients will be notified of material changes via email. Continued use of our services following notification constitutes acceptance of the updated Terms.

 

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If unresolved within 30 days, the dispute may be referred to mediation before any legal proceedings are commenced.

 

15. Entire Agreement

These Terms, together with any applicable Partnership Agreement and Data Processing Agreement, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements relating to the subject matter herein.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

16. Contact

Client Flow Systems (CFS)

Operated by: Calogero Mangione

Website: thecfsagency.com

Email: [email protected]

For any queries regarding these Terms, please contact us at the email address above.