Welcome to OnSilent. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@onsilent.com.
These Terms of Service (the “Terms”) are a binding contract between you and OnSilent (“OnSilent,” “we,” and “us”). By using the Services in any way, you agree to all of these Terms, which remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
Will these terms ever change? We’re continually working to enhance our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time and will notify you of any significant changes.
What about my privacy? OnSilent collects and processes personal data about you and your use of the Service. By using the Service, you agree that OnSilent can use your personal data in accordance with our Privacy Policy.
Are there age restrictions? OnSilent is for individuals 16 years old and over. By using OnSilent, you affirm that you are over 16. If we learn that someone under 16 is using OnSilent, we will terminate their account.
Using the Services
- You may need to register for an account and select a password and username (“User ID”).
- You promise to provide us with accurate, complete, and updated registration information.
- You will only use the Services for lawful purposes.
The OnSilent software is compatible with most phone service providers in Australia, specifically Telstra, Optus, and Vodafone, when used on a plan. For other providers, please ensure that your phone service provider allows you to change your ‘Conditional Call Forwarding’ settings.
If your service provider does not meet the necessary requirements to set up the OnSilent software within the first month of your subscription, OnSilent reserves the right to offer you a full refund.
Restrictions You agree not to misuse the Services. This includes, but is not limited to:
- Violating any law or regulation.
- Infringing the intellectual property rights of others.
- Running any form of auto-responder or “spam” on the Services.
Except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Service; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iv) use the Service for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (vi) use the Service to build an application or product that is competitive with any OnSilent product or service; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (viii) bypass any measures OnSilent may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (ix) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Service (or any information, data or content made available through the Service), whether through use of manual or automated means; (x) use the Service in a manner that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (xi) jeopardize the security of any Customer OnSilent account or anyone else’s account (such as allowing someone else to log in to the Services as you); (xii) attempt, in any manner, to obtain the password, account, or other security information from any other user; (xiii) violate the security of any computer network, or cracks any passwords or security encryption codes; or (xiv) run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while Customer is not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure). Customer is responsible for all of Customer’s activity in connection with the Service, including but not limited to uploading Customer Data (as defined below) onto the Service. Customer (a) shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), (b) shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights, and (c) shall use the Service in accordance with OnSilent’s Fair Use Policy, which is available at onsilent.com/fair-use.
Rights in the Services The Services’ content is protected by copyright and/or other intellectual property laws. You agree not to use, copy, reproduce, or exploit any content without the appropriate rights or consent.
Responsibility for Content You are responsible for the content you contribute to the Services and must have all necessary rights to such content.
Third-Party Services OnSilent is not responsible for third-party websites or services accessed via the Services.
Changes to the Services We may change, suspend, or discontinue any aspect of the Services at any time, including availability of any feature.
Furthermore from time to time, OnSilent may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge (“Updates”), and such Updates will become part of the Services and subject to this Agreement; provided that OnSilent shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that OnSilent may cease supporting old versions or releases of the Services at any time in its sole discretion; provided that OnSilent shall use commercially reasonable efforts to give Customer reasonable prior notice of any major changes.
Fees for Services Our services carry fees.
A. Prices and Charges
All prices are identified in Australian Dollars on the website or Administrative Portal. Additional charges may result if Customer activates additional features, exceeds usage thresholds, or purchases additional Services or equipment. Customer will be liable for all charges resulting from use of the Services on its Account.
Recurring charges for the Services begin on the Start Date and will continue for the Term. Recurring charges will, once incurred, remain in effect for the Renewal Term. OnSilent will provide notice of any proposed increase in such charges no later than thirty (30) days before the end of the Renewal Term, and any such increase will be effective on the first day of the next Renewal Term.
Voicemails are billed additionally per unit (monthly) at the rate indicated on the website or Administrative portal.
Outbound calling rates will be applied based on the rate in effect at the time of use. Customer may locate the currently effective rates in the Administrative Portal.
All prices are exclusive of GST unless stated otherwise.
B. Billing and Payment
All Services and equipment must be purchased via valid credit or debit card at the time of purchase. By providing a valid credit or debit card, Customer is expressly authorising all Services and equipment charges and fees to be charged to such payment card, including recurring payments billed on a monthly or annual basis. In addition, Customer’s supplied credit card shall be used for any in-month purchases of additional services and products, or where Customer has exceeded usage or threshold limits, or any overage charges. Recurring charges are billed in advance in the frequency set forth in the Order Form, and usage-based and one-time charges are billed monthly in arrears. Credit and debit card payments are subject to the approval of the card issuer, and OnSilent will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. Customer is responsible for any credit card chargeback or similar fees for refused or rejected payments that OnSilent is entitled to charge under this Agreement. If the payment card associated with Customer’s Account is declined or fails for any reason, OnSilent will send Customer a notice using the contact information associated with Customer’s Account. OnSilent may continue to attempt charging Customer’s payment card for outstanding charges and additional fees along with any other rights and remedies available to OnSilent under this Agreement, at law or in equity.
Unless otherwise stated at the time of purchase or on the invoice, payment is due in full, without deduction or set-off, immediately on the date on the invoice. Any payment not made when due shall be subject to a late payment fee equivalent to the lesser of (i) one and a half percent (1.5%) per month; or; or (ii) the highest rate allowed by Law. OnSilent’s acceptance of late or partial payments (regardless of how they are marked or designated (including without limitation as ‘Paid in Full’, ‘Accord and Satisfaction’, or similarly)) will not waive, limit, or prejudice in any way OnSilent’s rights to collect any amount due. OnSilent may terminate the Services and this Agreement for non-payment if any fees or charges are not paid within thirty (30) days of the due date.
C. Taxes
Unless explicitly stated, all rates, fees, and charges are exclusive of applicable Taxes, for which Customer is solely responsible. Taxes may vary based on jurisdiction and the Services provided. If any withholding tax is levied on the payments, then Customer must increase the sums paid to OnSilent so that the amount received by OnSilent after the withholding tax is deducted is the full amount OnSilent would have received if no withholding or deduction had been made.
D. Billing Disputes
If a Customer reasonably and in good faith disputes any portion of OnSilent’s charges, it must provide written notice to OnSilent within thirty (30) days of the invoice date, identifying the reason for the dispute and the amount being disputed. Customer’s dispute as to any portion of the invoice will not excuse Customer’s obligation to timely pay the undisputed portion of the invoice. Upon resolution, Customer must pay any unpaid amounts within thirty (30) days. Any amounts that are found to be in error resulting in an overpayment by the Customer will be applied as a billing credit against future charges. Customer will be reimbursed any outstanding billing credits at the expiration or termination of this Agreement.
Termination You can stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. Upon termination you will not be refunded for any time remaining on your subscription and your account will remain active until the end of your current billing period.
If you cancel your subscription, we will hold your phone number(s) for you for no more than fourteen (14) days, at which point we may release your number(s).
If you’d like to port your phone number(s) away from OnSilent to another service, please let us know and we will hold onto the number(s) for you throughout the porting process but for no more than (90) days.
Messaging Policy. OnSilent treats all messaging transmitted via the Service as Application-to-Person (“A2P”) messaging . All A2P messages originating from OnSilent are subject to this Messaging Policy. Customer is responsible for any person to which it provides the ability to send messages through OnSilent.
Consent/Opt-in Requirements. Prior to sending the first message to each recipient, Customer must obtain consent from the recipient to communicate with them. Customer must make clear to the recipient that he/she is agreeing to receive the type of messages Customer plans to send. If Customer does not send the initial message to the recipient within a reasonable period after receiving consent, then Customer must reconfirm consent in the first message sent to that recipient. Consent is limited to the specific use or campaign to which the recipient has consented, and Customer may not send additional messages about other uses or campaigns unless Customer has received consent from the recipient for such additional messages. Customer must keep a record of each consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
Periodic Messages and Ongoing Consent. If Customer intends to send messages to a recipient on an ongoing basis, Customer must confirm the recipient’s consent by offering him/her a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). Customer must comply with the recipient’s preferences on frequency of contact.
Identifying Customer as the Sender. Every message Customer sends must clearly identify as the sender the party that obtained the consent/opt-in from the recipient, except in follow-up messages of an ongoing conversation.
Opt-out Requirements. The initial message Customer sends to a recipient must include the following language: “Reply STOP to unsubscribe” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT. Customer must provide recipients with the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, Customer may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are prohibited.
OnSilent Messaging. As part of the Service, Customer may receive communications through the Service, including messages that OnSilent sends Customer (for example, via email or SMS). By signing up for the Service and providing OnSilent with Customer’s wireless number, Customer confirms that Customer wants OnSilent to send Customer information regarding Customer’s account or transactions with OnSilent or that OnSilent thinks may be of interest to Customer, which may include OnSilent using automated dialling technology to text Customer at the wireless number Customer provided, and Customer agrees to receive communications from OnSilent, and Customer represents and warrants that each person Customer registers for the Service or for whom Customer provides a wireless phone number has consented to receive communications from OnSilent. Customer agrees to indemnify and hold OnSilent harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to Customer’s breach of the foregoing.
Disclaimer of Warranty OnSilent provides the Service “as is” without any warranty. You use it at your own risk.
Limitation of Liability OnSilent will not be liable for any damages resulting from your use of the Service.
Indemnity You agree to indemnify OnSilent against any claims or damages resulting from your misuse of the Service.
Miscellaneous These Terms constitute the entire agreement between you and OnSilent regarding the use of the Service. They supersede any prior agreements.
Effective as of 01/03/2024
Contact Information:
OnSilent
PO Box 237
Rockingham WA 6968
Australia