Terms of service

1.Words these terms use

• Organization: the workspace in Onvoro that holds your business’s records, settings and users.
• Users: the people you give access to your Organization, whatever their role.
• Customer Data: the information you or your Users put into the Service, including sites, clients, people, rosters, attendance, timesheets, jobs, evidence, quotes and invoices.
• Subscription: the plan you pay for, monthly or yearly.
• Active site: a site in your Organization that is active and has not been deactivated or removed.

2.Accounts and access

You decide who has access to your Organization and what each User may do. You are responsible for what happens in your Organization under your Users’ accounts, for keeping sign-in details secure, and for removing access when somebody should no longer have it.

Tell us promptly at the address below if you believe an account in your Organization has been used without permission.

3.The free trial

A new Organization starts on a free trial of the Business plan for the period shown on our pricing page. No payment details are needed for the trial, and nothing is charged unless you choose a plan.

When the trial ends without a plan being chosen, the Organization becomes read-only, as described in the section on read-only access. Your Customer Data is kept, and choosing a plan restores full access.

4.Plans and prices

Each plan is priced per Active site, with a monthly minimum, and has no limit on the number of Users or people in your workforce. Plans differ in the features they include. The current plans, prices and minimums are shown on our pricing page and in the Service.

Prices are in Australian dollars and exclude GST. GST is added at the applicable rate and shown on each tax invoice.

We may change our prices. We will tell you by email or in the Service at least 30 days before a new price applies to your Subscription, and it takes effect from your next billing period after that notice. If you do not want to continue at the new price, you can cancel before it applies.

Enterprise plans are agreed in writing. Where an Enterprise agreement and these terms differ, the Enterprise agreement applies.

5.Billing and payment

Payments are processed by Stripe. You can pay by card, Apple Pay, Google Pay, Link or BECS Direct Debit, where available. Paying by direct debit means agreeing to Stripe’s direct debit request service agreement, which is shown when you set it up. Card and bank details are entered with Stripe and are never stored by us.

Your Subscription is charged in advance for each monthly or yearly billing period, to the payment method on file, and renews automatically at the end of each period until it is cancelled. Your next renewal date is shown in Plan & billing at all times.

Before a yearly Subscription renews, we will email your billing contact a reminder of the renewal date and amount, so you have time to change or cancel it.

We are registered for GST. A tax invoice for each payment is available from Manage billing.

When your number of Active sites changes

Your charge follows your Active sites. When you open, close or reopen a site, your Subscription is updated to match, usually within a minute, and the difference for the rest of the billing period is prorated.

• On a monthly Subscription, the prorated difference is added to or credited on your next invoice.
• On a yearly Subscription, an increase is invoiced and charged when it happens, and a decrease is credited against future invoices.

A discount or promotion code applies only as described when it is given, has no cash value, and cannot be exchanged or combined unless we say otherwise.

6.If a payment fails

If a payment fails, we or Stripe on our behalf will let you know, and Stripe will try again over the following days. Your Organization keeps working normally while a payment is being retried. You can update your payment method at any time from Plan & billing.

If every retry fails, your Subscription is cancelled, and your Organization becomes read-only. Your Customer Data is kept, and you can restore full access by choosing a plan again.

7.Read-only access

An Organization is read-only when its trial has ended without a plan, when its Subscription is unpaid after every retry, or when its Subscription has ended. While read-only:

• everything already recorded stays available to read, and nothing is deleted;
• shifts already on the roster carry on, so your people can still sign in and out of them, complete their checklists and jobs, and attach evidence;
• the roster does not grow, and nothing new can be added, such as sites, people, shifts, jobs, quotes or invoices;
• you can still choose a plan, pay what is owed, and wind down what you no longer need.

8.Changing plans and cancelling

You can change plans in Plan & billing. A change takes effect straight away, and the difference for the rest of the billing period is prorated in the same way as a change in Active sites. A plan that does not include a feature your Organization is using becomes available once it no longer uses that feature, and the Service tells you which features are in the way.

You can cancel at any time from Manage billing. Your Subscription continues until the end of the period you have paid for and is not renewed after that. Except where these terms or the law say otherwise, we do not refund the unused part of a billing period.

9.Your data

You own your Customer Data. You give us permission to host, store, back up, process and display it as needed to provide, secure and support the Service, and for no other purpose except as these terms or the law allow.

We may use information about how the Service is used, such as which features are used and how often, to operate and improve it, as described in our privacy policy. We do not sell Customer Data.

We keep your Customer Data after your Subscription ends, so you can return to it. You can ask us at any time for a copy of your Organization’s records in a commonly used format, which we will provide within a reasonable time.

If an Organization has had no Subscription and nobody has signed in to it for 12 months, we may delete it. We will email the Organization’s owner at least 60 days before we do, and a reply asking us to keep it, or choosing a plan, stops the deletion.

You can ask us to delete your Organization at any time. We will do so, except for anything we must keep by law or to resolve a dispute, and copies in backups are removed as those backups are replaced.

10.Personal information and security

Customer Data includes personal information about your workers, your clients and others. We handle it on your behalf to provide the Service, as these terms and our privacy policy describe, and not for any purpose of our own except as the privacy policy explains.

We take reasonable steps to protect Customer Data from misuse, interference, loss, and unauthorised access, change or disclosure. Our privacy policy describes the safeguards we use and where Customer Data is stored.

If we become aware of unauthorised access to, or loss of, your Customer Data, we will tell you without undue delay, share what we know, and help you meet any obligation you have to assess the incident or notify the people affected.

11.Your responsibilities

Onvoro records and organises your operation. The decisions made with it are yours. In particular, you are responsible for:

• having a lawful basis for the personal information you put into the Service, and telling your workers how their information is used, including the location recorded when they sign in and out of a shift;
• checking the hours, rates and amounts you approve, the timesheets you rely on, and the invoices you issue to your own clients, including their GST treatment;
• meeting your obligations as an employer or principal, including pay, awards, work health and safety, and checking that the people you roster have the right to work. Onvoro can record work rights and licences and warn you about them, but it does not make those decisions for you;
• how you act on a geofence result. A sign-in flagged outside a site’s boundary is information for a person to review, not a finding about whether somebody worked.

The Service does not give legal, tax, payroll or employment advice.

12.Acceptable use

You and your Users must not:

• use the Service in breach of any law, or to collect or use personal information unlawfully;
• upload anything harmful, such as malware, or content you do not have the right to use;
• try to access another Organization’s data, test or bypass the Service’s security, or interfere with its operation;
• copy, resell or reverse engineer the Service, or use it to build a competing product;
• place a load on the Service that is not reasonable, such as automated requests well beyond normal use.

13.Services we rely on

We use trusted providers to run the Service, including for payments, hosting, email, maps and notifications. They are described in our privacy policy. Where the Service connects to something you use, such as an accounting system, that connection is also subject to that provider’s terms. If you connect Xero, you are asking us to send it your issued invoices, the clients they are for and, if you choose, the approved hours of people in your workforce, and to read back the payments recorded against those invoices. You need your own Xero subscription for that, and what happens in Xero, including running pay, is governed by your agreement with Xero.

If you or your Users download the Onvoro mobile application from an app store, the app store’s own terms also apply to that download. The app store is not a party to these terms and is not responsible for the application or for supporting it.

14.Availability and changes to the Service

We work to keep the Service available and reliable, and we publish its current status at status.onvoro.io. We do not promise it will be uninterrupted or free of errors, and we may need to take it offline for maintenance, giving notice where we reasonably can.

We improve the Service over time and may add, change or retire features. If we remove a feature your plan includes, we will tell you at least 30 days in advance; if that materially affects you, you may cancel and we will refund the prepaid fees for the rest of your billing period.

15.Intellectual property

We own the Service, including its software, design and content, apart from your Customer Data. These terms give you the right to use the Service while your Subscription or trial is current, and no other rights in it.

If you send us suggestions or feedback, we may use them to improve the Service without any obligation to you.

16.Confidentiality

Each of us will keep the other’s confidential information confidential, use it only for the purpose of these terms, and protect it with reasonable care. This does not apply to information that is public through no fault of the receiving party, that it already had, or that it must disclose by law.

17.Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot be excluded.

Where the law allows us to limit our liability for failing to meet a consumer guarantee for services not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.

18.Limits on liability

To the extent the law allows:

• neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or data, arising from these terms or the Service;
• the total liability of each of us to the other arising from these terms or the Service is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law, to loss caused by fraud or wilful misconduct, or to fees you owe us for the Service.

19.Events beyond our control

Neither of us is responsible for a failure or delay caused by something beyond our reasonable control that we could not reasonably have avoided, such as a natural disaster, a widespread internet or power failure, or an outage at a provider we rely on. This does not excuse paying for Service already received.

If such an event leaves the Service unavailable for more than 30 days in a row, you may cancel, and we will refund the prepaid fees for the rest of your billing period.

20.Resolving disputes

If you or we have a dispute about these terms or the Service, the one raising it will tell the other in writing, and we will both try in good faith to resolve it for at least 20 business days before going to court. Either of us may still ask a court for urgent relief at any time.

If you are a small business, the Australian Small Business and Family Enterprise Ombudsman can also help with a dispute.

21.Suspension and ending these terms

We may suspend access to the Service, or part of it, if it is reasonably necessary to protect the Service, our customers or anybody else from harm, or if you seriously breach these terms. We will tell you why and give you a reasonable chance to fix the problem first, unless the risk is too urgent to wait.

You may end these terms at any time by cancelling your Subscription. We may end them by giving you at least 30 days’ notice, in which case we will refund the prepaid fees for the rest of your billing period, or, if you seriously breach these terms and do not fix the breach within 14 days of our notice, at the end of those 14 days.

When your Subscription ends, your Organization becomes read-only rather than closed, as the section on read-only access describes. If these terms end, your access ends with them, and for 60 days afterwards you can still ask us for a copy of your Customer Data. The sections that by their nature should continue, including those on your data, confidentiality and liability, continue after these terms end.

22.Changes to these terms

We may update these terms. We will publish the new version here and update the date at the top. If a change is significant and to your disadvantage, we will tell you by email or in the Service at least 30 days before it takes effect, and you may cancel before then if you do not accept it. If you cancel for that reason, we will refund the prepaid fees for the rest of your billing period. If you keep using the Service after a change takes effect, the updated terms apply.

23.General

• These terms are governed by the laws of South Australia, and each of us submits to the courts of South Australia and the courts that may hear appeals from them.
• These terms, together with our privacy policy and any Enterprise agreement, are the whole agreement between us about the Service.
• You may not transfer your rights under these terms without our written consent, which we will not unreasonably refuse. We may transfer ours to a business that takes over the Service, including a company we set up to run Onvoro, and will tell you at least 30 days before we do. That business will be bound by these terms.
• If part of these terms cannot be enforced, the rest continues to apply.
• You agree that these terms may be accepted, and notices given, electronically. Notices to you may be sent to the email address of your Organization’s owner or shown in the Service. Notices to us go to the address below.
• In these terms, “including” means including without limitation.

24.Contact us

For a question about these terms, your Subscription or a notice under them, contact us.