Fuss Service Agreement
1. Who we are
Fuss (fuss.thewisely.club) is operated by JianBo Liu, trading as Wisely International (ABN 50 902 109 432), Melbourne, Australia ("we", "us"). Contact: legal@thewisely.club. "You" means the person who opens the case.
2. What Fuss does
Fuss helps you organise the facts and evidence of your complaint, prepares letters for you to review, and sends a letter only after you confirm it. We are not a law firm and do not give legal advice. Letters are sent in your name, and you decide what is sent.
3. Your rate
When you open a case you choose a success-fee rate of 10%, 15%, 20% or 30%. The rate sets the highest escalation level available to you (10%: levels 1–2; 15%: up to 3; 20%: up to 4; 30%: up to 5), which is also limited by your evidence score. A higher rate does not bypass the evidence requirements or our review of public posts.
4. Deposit
Before your first letter is sent you pay a deposit equal to your claim amount multiplied by your rate, with a minimum of A$100. If your case has no money claim, the deposit is A$100. All amounts are in Australian dollars [GST treatment to be confirmed].
5. Final fee and settlement
Your final fee is the amount you recover multiplied by your rate, with a minimum of A$100 and no upper limit. The A$100 minimum applies even if you recover nothing, or receive only an apology or an investigation. When the case ends, if your deposit is more than the final fee we refund the difference to your saved card; if it is less, we charge the difference to your saved card.
6. Reporting what you recover
You must tell us, through Fuss, the amount or value of anything you receive in connection with the matter (money, refunds, credits, goods or services) within 7 days of receiving it. If the other side tells us in writing that they have paid and you have not reported it within 7 days, we will send you an invoice and a reminder; a staff member reviews the invoice before your card is charged.
7. 12-month look-back
The final fee applies to anything you receive in connection with the matter within 12 months after your case starts, including if you close the case or settle directly with the other side.
8. Authority to charge your card
You authorise us, through our payment provider (the Wisely account service and Stripe), to save your card, to charge it for the deposit and for any amount owed under clauses 5, 6 and 9, and to refund money to it. We will show you the amount when we charge. Your card details are held by Stripe; we never see the full card number.
9. Closing your case
You can close your case at any time. If you have paid a deposit, the A$100 minimum fee applies and the rest is refunded, subject to clause 7.
10. Your promises
You promise that everything you tell us and every document you upload is true and accurate to the best of your knowledge, that you have the right to share it, and that you will not use Fuss to harass anyone, to make threats, or to demand money with menaces.
11. Indemnity
You agree to compensate us for any loss, damage, cost (including reasonable legal costs) or claim against us that arises because information you gave us was false or misleading, or because you breached this agreement. Nothing in this agreement limits your rights under the Australian Consumer Law.
12. How we act
Publication is never tied to payment: we do not promise to delete or withdraw anything in exchange for money, and payment by the other side does not remove a published story. We will not use further complaints or publicity to collect fees from you. Unpaid fees are pursued only through card charges, reminders, a collection agency or VCAT.
13. Changes and law
If we change this agreement we will show you the new version; it applies to your case only after you accept it. This agreement is governed by the law of Victoria, Australia.
Open questions for review
- GST: are the deposit and fee GST-inclusive?
- Refund timing (how many business days after the case ends).
- Unfair contract terms check (consumer standard-form contract): the 12-month look-back, the 7-day reporting window, and the indemnity.
- Can reasonable collection costs be passed on to the user?