Terms and Conditions

The Silent Partner Terms and Conditions

By subscribing to The SIlent Partner Services, you agree to be bound by the full terms and conditions detailed below. Please review the following sections carefully, as they form a legally binding agreement between you and The Silent partner Pty Ltd. Continued use of The Silent Partners Services signifies your acceptance of these conditions.

Definitions

  • TSP: The Silent Partner Pty Ltd (ABN 68 087 675 367) and includes its directors, employees, sub-contractors and agents.
  • Customer: Any individual or entity (including a corporation, partnership, trust or any other form of legal entity whatsoever) and their employees, agents, contractors and invitees.
  • Terms: These Terms and Conditions of Service which govern the access and use of all services and products offered by TSP.
  • Silent Partner Services: Any service offered by The Silent Partner Pty Ltd
  • Agreement: The agreement of service between the Customer and TSP, in accordance with these Terms

1.0 Introduction

  • These Terms govern the access and use of all services and products offered by TSP. These Terms constitute as a legally binding agreement between TSP and any Customer that accesses or otherwise uses or receives any TSP Services.
  • The Customer must register with TSP before receiving any of the TSP Services. The Customer can register by creating an account. By registering with TSP the Customer agrees to be bound by this agreement.
  • These terms apply whether you access the services we offer via our website, a portal we may allow you to access, a mobile phone application or any other medium that enables you to access any TSP Services or offerings.
  • The TSP Fair Use Policy, TSP Privacy Policy, TSP Free Trial Terms and Conditions, TSP Standard Fees and Charges, and any other guidelines, rules or operating policies that TSP may nominate as included in this agreement via TSP website or other associated websites or materials from time to time also form part of the Terms.
  • The Services are available only to persons who can form legally binding contracts under applicable law. Including but without limiting, individuals under the age of 18 are not able to use TSP Services.

2.0 Commencement Of This Agreement

  • This Agreement shall commence on the date the Customer registers with TSP, or when the customer begins to use the Services, whichever is earlier.
  • The Customer agrees that they have provided true, accurate, current and complete information about the Customer’s self as requested in the registration process. This is including but not limited to the Customer’s mobile number, email address and ABN
  • By registering with TSP, the customer agrees to enter into a Minimum Term of Service of 30 days, or one calendar month whichever is longer, and thereafter on a month to month basis until terminated in accordance with these Terms.

3.0 Free Trial

  • A TSP Free Trial is bound by the conditions set out in these Terms as well as the terms set out on the The Silent Partner Free Trial Terms and Conditions (“Free Trial Terms”)
  • Subject to these Terms and the terms set out in the Free Trial Terms, TSP may provide to the Customer a trial period of TSP Services. The trial period shall commence on Customers registration with TSP and will expire within a number of days specified by TSP, which period may be extended or shortened by TSP in its discretion.
  • Customer agrees and acknowledges that the scope and details of a Trial Service will be determined at TSP discretion.
  • The Trial Service is not applicable for prior customers of TSP, casual Customers or new Customers that require TSP Services for promotional or advertising campaigns.
  • TSP may terminate the Trial Service at any time for any reason or no reason. Without limiting the foregoing, TSP may terminate the Trial Service upon expiration of the Trial Service Term, exceeding the included usage credit (as per Free Trial Terms), or commencement of any TSP Paid Services (as defined in Section 4 below). After the termination of the Trial Service, Customer will need to purchase a TSP Paid Service in order to continue to receive services from TSP. Any portion of the Trial Usage Credit not used prior to termination of the Trial Service will be forfeited and may not be used in connection with any TSP Paid Services.

4.0 Services

4.1 Call Answering Services

  • Where the Customer subscribes to a CALL ANSWERING SERVICE, TSP shall:

    a) make available for use by the Customer a local telephone number as required by the Customer.

    b) where requested to physically answer inbound telephone calls in the name of the Customer or as otherwise specified and process the calls in a manner as specified by the Customer.

    c) where requested to receive inbound fax calls, receive faxes electronically and proceed to process the fax in a manner as specified by the Customer.

    d) where requested to divert inbound telephone calls to another service, proceed to divert these calls electronically to the service as specified by the Customer.

    e) Upon termination of this agreement, TSP retains the licence over the telephone and fax numbers for use as TSP sees fit. Landline numbers remain the property of TSP and are unable to be ported away. 1300/1800 numbers may be ported to another carrier after 52 weeks of service.
  • TSP reserves the right to change the Virtual Number allocated to the Customer at any time. While all reasonable endeavours will be taken to avoid changing the Virtual Number, should TSP be required to change the Virtual Number the customer will be provided with seven (7) days notice of the change of number. TSP will not be liable for any loss, cost or expense the Customer may incur resulting from the change.
  • Forwarding Phone Numbers. Some TSP Offerings may involve the forwarding of calls or messages to phone numbers specified by Customer (“Forwarding Telephone Numbers”). Customer represents that all Forwarding Telephone Numbers are under Customer’s direct control, and Customer will not direct TSP to forward calls or messages to any phone numbers not under Customer’s direct control. In addition, the Customer acknowledges and agrees that TSP will have the right to refuse to forward calls and messages to any telephone number in TSP’s discretion, in which case Customer will need to provide a different telephone number to receive forwarded calls and messages.

4.2 Message and Reminder Services

  • Where the Customer subscribes to any service where The Silent Partner is required to take a message or set a reminder resulting from any inboound traffic, TSP shall:

    a) respond to inbound callers as a representative of the Customer and, to the best of its ability, take messages on behalf of the Customer

    b) to the best of its ability, make all endeavours to be fair and reasonable to ensure the highest quality and accuracy of messages taken on behalf of the Customer

    c) deliver all messages to The Customer in a manner as specified by the Customer (emails or SMS).
  • Where the Customer subscribes to have messages generated and forwarded as part of a reminder service, TSP shall;

    a) take all reasonable steps to contact the recipient of the reminder, where the reminder is to be done by way of physical phone call

    b) take all reasonable steps to contact deliver the recipient of the reminder, via a third party service provider, where the reminder is to be done electronically (email or SMS)

    c) The Customer acknowledges that where Third Party service providers are used as part of the reminder service, from time to time there may be delays in accessing the services or receiving reminder messages (emails or SMS) and to the extent permitted by law, TSP excludes all liability in contract, tort (including negligence) or other wise relating to or resulting from messages or reminders taken on behalf of theCustomer and for any loss incurred by the Customer directly or indirectly including without limitation as a result of or arising out of any delays, failures or inaccuracies in the transmission of messages or reminders regarding appointments.

4.3 Calendar Management Service

  • Where the Licensee subscribes to a Calendar Management Service, TSP shall:

    a) respond to inbound callers as a representative of the Licensee and create, edit, confirm or delete calendar events on behalf of the Licensee

    b) to the best of its ability, make all endeavours fair and reasonable to ensure the highest quality and accuracy of all calendar event related activities.

    c) maintain that the creating, editing, amendment or deletion of a calendar event constitutes an event
  • Where TSP undertakes to manage calendars on behalf of the Licensee, as part of Calendar ManagementSubscription, TSP utilises a web-based hosted instance of a third partysoftware product.

4.4 General

  • Business Hours are defined as Monday toFriday, 8:30am to 5:30pm AEST, excluding all National public and bank holidays
  • Calls transferred are subject to call rates as Standard Rates Charges table
  • Your facsimile service includes faxmail. We receive and send your faxes via email.
  • Terms and conditions detailed in this licence agreement are in conjunction with the offers / product and service features detailed in the individual virtual office services PDF documents
  • All prices in this agreement do not Inc. GST. GST is to be added
  • Fair Use Policy applies to all services provided by TSP. TSP reserves the right to charge additional fees where usage is deemed excessive or unreasonable.

5.0 Fair Use

  • In connection with its use of TSPOfferings, Customer will at all times comply with TSP’s fair use policy (“FairUse Policy”). Under the Fair Use Policy TSP may shorten or end the Service Termof the Customer with immediate effect should it determine, at its absolutediscretion, that the Customer’s usage is in any way unreasonable. Such policymay be amended by TSP from time to time.