Terms of Service

These terms form a contract between you and SILWise (“we”, “us”, “our”). They apply whenever you create an account or use SILWise.

By creating an account you agree to these terms. If you are agreeing on behalf of an organisation, you confirm you are authorised to bind that organisation, and “you” in these terms means the organisation.

Our Privacy Policy forms part of these terms and explains how we handle personal information.

SILWise is a business tool for NDIS Supported Independent Living (SIL) and Specialist Disability Accommodation (SDA) providers and their staff. To use it you must be at least 18 years old and using it for business purposes.

SILWise is not designed for, and must not be used by, individual NDIS participants to manage their own affairs, or by anyone as a substitute for advice from their provider, support coordinator, plan manager or Services Australia.

To be clear about what we are: SILWise is a software supplier, not an NDIS provider. We are not a registered NDIS provider, we do not deliver supports to anyone, and we are not a party to any service agreement between you and a participant.

You are responsible for everything that happens under your account. That means keeping your password confidential, not sharing logins, making sure each person who needs access has their own account, and removing people promptly when they leave your organisation.

The first person to sign up becomes the organisation owner. Owners can invite and remove members and change roles. You are responsible for who you give access to and what they can see.

Tell us immediately at tomt@agentmail.to if you believe an account has been accessed without authorisation.

SILWise takes the information you enter about your houses, your running costs and the participants you support, applies published Centrelink and NDIS rates, and produces a suggested rent and board contribution for each participant, together with statements and PDFs.

We take reasonable care to keep the Centrelink and NDIS rates built into SILWise accurate and up to date, and we record which version of those rates was used for every saved calculation so you can always check the basis of a figure.

The calculation is ordinary arithmetic applied to published rates. There is no artificial intelligence, machine learning or predictive modelling anywhere in it, and nothing about it is random. The same inputs and the same rate version will always produce the same figures — which is exactly what makes a saved calculation something you can defend later.

A calculation is only ever as good as what goes into it. You are responsible for the accuracy of the information you enter, and for satisfying yourself that a figure is right before you rely on it. If a figure looks wrong, check it against the current rates published by Services Australia and tell us — we would rather hear about it.

Rates change, usually in March, July and September. Between the date a rate changes and the date we publish it in SILWise, calculations may use the previous rate.

You own your data

Everything you put into SILWise stays yours. We claim no ownership of it. We use it only to provide the service to you, as described in our Privacy Policy. We do not sell it and we do not use it to train artificial intelligence models.

You can ask us for a copy of your data, or ask us to delete it, at any time. We will respond within 30 days.

Participant information is your responsibility

SILWise holds information about NDIS participants who are not our customers and have no account with us. You decide what goes in. You control it. We process it on your instructions.

By entering participant information into SILWise, you confirm that:

• you have a lawful basis to collect and use it, including any consent required from the participant or their guardian or nominee
• you have told the participant how their information is handled, as Australian Privacy Principle 5 requires, and that it is held in a third-party system
• you will keep it accurate and up to date, and will correct or remove it when you should
• you will only enter information that SILWise actually needs for the calculation — please do not enter case notes, diagnoses, incident records or support plans, because SILWise is not built to hold them

If a participant asks us directly for the information held about them, we will refer them to you and let you know, because you control that record.

What we do for you in return

• we store your data and your participant records in Australia
• we publish a complete list of the service providers who handle personal information for us, and where they are located, in our Privacy Policy
• we will tell you within 72 hours of becoming aware of any data breach that affects your information, so that you can meet your own notification obligations
• we will not delete your data unless you ask us to

You must not:

• use SILWise for anything unlawful, or to breach anyone’s privacy
• attempt to access another organisation’s data, or probe, scan or test the security of the service without our written permission
• share your login, or resell, sublicense or provide SILWise to anyone outside your organisation as a service of your own
• copy, scrape, reverse-engineer or attempt to extract the source code, calculation logic or rate data from SILWise
• upload anything malicious, or do anything that places an unreasonable load on the service
• use SILWise to build a competing product

If you find a security vulnerability, please tell us at tomt@agentmail.to rather than disclosing it publicly. We will not pursue you for good-faith research reported to us privately.

Our current plans and prices are shown on our website. All prices are in Australian dollars and include GST unless we say otherwise.

Payments are handled by Stripe. Your card details are entered on Stripe’s own pages and never reach our servers.

Subscriptions renew automatically

Paid plans renew automatically at the end of each billing period — monthly or annually, depending on the plan you chose — and we charge your saved payment method on the renewal date. This continues until you cancel.

You can cancel at any time from the billing page in your account. Cancelling stops the next renewal. Your plan stays active until the end of the period you have already paid for.

If a payment fails

We will try again and email you. If we still cannot take payment, we may downgrade or suspend your account. We will tell you before we do, and your data will not be deleted.

Price changes

We may change our prices. If a change affects your existing subscription, we will email you at least 30 days before it takes effect, and you can cancel before the new price applies. We will never increase the price of a period you have already paid for.

Refunds

We do not give refunds. Not for change of mind, not for a part-used month or year, not because you stopped logging in, and not because you forgot to cancel before a renewal. You can cancel at any time and you keep full access until the end of the period you have already paid for. That access is what you paid for, and you get all of it.

There are two things we cannot refuse, and we would rather say so plainly than bury them. The Australian Consumer Law gives you rights that cannot be excluded by any contract, including ours, so if SILWise fails to meet a consumer guarantee you may be entitled to a refund — section 11 sets out exactly what that means. And if we shut SILWise down while you are paid up, we refund the period you paid for and could not use, because keeping money for a service we had stopped providing would not be right.

If you have been charged in error — billed twice, or after you cancelled — that is not a refund, it is a mistake. Email tomt@agentmail.to and we will fix it.

Free plans

Where we offer a free plan or trial, we may change or withdraw it at any time. We will give you reasonable notice and will not delete your data without telling you first.

We aim to keep SILWise available and working well, but we do not promise it will be uninterrupted or error-free. We may need to take it offline for maintenance, and we will try to do that outside business hours and to give notice where we reasonably can.

Support is provided by email at tomt@agentmail.to during Australian business hours. We aim to respond within one business day.

We improve SILWise continually, so features will change. If we remove or materially reduce a feature you rely on, we will give you at least 30 days notice by email so that you have time to decide whether to carry on. You may cancel at any point in that window and you will not be charged again.

SILWise — the software, the calculation logic, the interface, the documentation and the brand — belongs to us. These terms give you a limited, non-exclusive, non-transferable right to use it while your account is open and you are meeting these terms. Nothing here transfers ownership of anything to you.

The underlying Centrelink and NDIS rates are published by the Australian Government and are not ours. Our arrangement and presentation of them is.

If you send us feedback or suggestions, we may use them to improve SILWise without owing you anything. We will not identify you as their source without your permission.

Each of us may learn confidential information about the other. We will each keep it confidential, use it only for the purposes of this agreement, and protect it with at least reasonable care. This does not apply to information that is already public through no fault of the receiver, is independently developed, or must be disclosed by law.

Where the law allows us to limit our liability

To the extent the law permits, and other than for liability that cannot be excluded:

• our liability for failing to meet a consumer guarantee in relation to services that are not of a kind ordinarily acquired for personal, domestic or household use is limited, at our option, to supplying the services again or paying the cost of having them supplied again
• our total liability to you in any 12-month period is limited to the total amount you paid us for SILWise in the 12 months before the event giving rise to the claim
• neither of us is liable to the other for indirect or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings

These limits do not apply to our liability for fraud, wilful misconduct, death or personal injury, or breach of our confidentiality or privacy obligations.

What we are not responsible for

We are not responsible for what you decide to charge a participant, for the accuracy of the information you enter, or for your compliance with NDIS, tenancy, tax or other legal obligations. Those are yours. Section 4 explains this.

Your responsibility to us

If a third party makes a claim against us because you entered participant information into SILWise without a lawful basis to do so, or used SILWise in breach of section 6, you agree to cover our reasonable direct costs of dealing with that claim. This does not apply to the extent the claim arises from our own breach, negligence or misconduct, and we will tell you promptly about any such claim and let you take part in dealing with it.

You can leave at any time

Cancel from the billing page in your account. Your plan runs to the end of the period you have paid for. Ask us for a copy of your data before or after you go and we will provide it.

When we can suspend or end your account

We may suspend or close your account if:

• you materially breach these terms and do not fix it within 14 days of us asking you to in writing
• payment remains outstanding after we have told you and given you a reasonable chance to pay
• we must do so immediately to protect the security or integrity of the service or another customer’s data, or because the law requires it

Except where we have to act immediately for security or legal reasons, we will always contact you first and give you a chance to put things right.

If we discontinue SILWise

If we decide to stop offering SILWise, we will give you at least 90 days notice by email, refund any period you have paid for but not used, and give you an export of your data before the service closes.

What happens to your data

We do not delete your data when your account closes — you may need it for your own record-keeping obligations. It remains available on request. If you want it deleted, tell us and we will delete it within 30 days and confirm in writing. Our Privacy Policy explains this in full.

We may update these terms as SILWise changes or the law changes. The “last updated” date at the top of this page always shows the current version.

If a change materially affects your rights or obligations, we will email account owners at least 30 days before it takes effect. If you do not accept the change, you may cancel before it starts and you will not be charged again. Continuing to use SILWise after the change takes effect means you accept it.

We will not apply a change retrospectively to something that has already happened.

If something goes wrong, email tomt@agentmail.to first and set out what the problem is and what you would like us to do. Most things are fixed at this stage. We will respond within 10 business days.

If we cannot resolve it between us within 30 days, either of us may refer the dispute to mediation before starting court proceedings, except where urgent relief is needed. Nothing here prevents you from taking a complaint to a regulator such as the Australian Competition and Consumer Commission or the Office of the Australian Information Commissioner.

One thing we cannot help with. If a participant, a family member or an advocate has a concern about what a participant is being charged, or about the conduct of the provider supporting them, that is a matter for the provider first and then for the NDIS Quality and Safeguards Commission. We supply software to providers. We are not a party to their service agreements and have no power to change what any provider charges.

• Governing law. These terms are governed by the laws of New South Wales, Australia, and we each submit to the non-exclusive jurisdiction of the courts there.
• Transfer. You may not transfer your rights under these terms without our consent, which we will not unreasonably withhold. We may transfer ours if we sell or restructure the business, and we will tell you first.
• Notices. We send legal and account notices by email, to the address on your account — so please keep it current. You can reach us at the addresses in section 16.
• What survives. Ending this agreement does not end everything in it. Confidentiality, intellectual property, the Australian Consumer Law and liability provisions, your responsibility to us, and our commitments about what happens to your data after termination all continue to apply.
• Severability. If any part of these terms is unenforceable, the rest continues to apply.
• No waiver. If we do not enforce a right straight away, we do not lose it.
• Entire agreement. These terms and our Privacy Policy are the whole agreement between us about SILWise, and replace anything said or written before.
• Things outside our control. Neither of us is liable for failing to meet an obligation because of something genuinely beyond our reasonable control, such as an outage at an infrastructure provider or a natural disaster.

Support, billing and questions about these terms: tomt@agentmail.to

Privacy questions and complaints: tomt@agentmail.to

ABN 59 676 182 096