Terms and Conditions
Welcome to Onyx Marketing!
These terms and conditions outline the rules and regulations for the use of Onyx Marketing's Website, located at www.onyxmrkting.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Onyx Marketing if you do not agree to take all of the terms and conditions stated on this page.
Cookies
We employ the use of cookies. By accessing Onyx Marketing, you agreed to use cookies in agreement with the Onyx Marketing's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Onyx Marketing and/or its licensors own the intellectual property rights for all material on Onyx Marketing. All intellectual property rights are reserved. You may access this from Onyx Marketing for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Onyx Marketing
- Sell, rent or sub-license material from Onyx Marketing
- Reproduce, duplicate or copy material from Onyx Marketing
- Redistribute content from Onyx Marketing
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Data Collection
We collect and store all the information that you provide when filling out forms on our Website. This information is used to provide our services, communicate with you, and improve your experience.
Refund and Cancellation Policy
No refunds are given after payments have been processed. You can end your service at any time, but we request a 30-day notice before cancellation.
A2P SMS Terms & Compliance
By providing your mobile phone number to Onyx Marketing through our website, lead forms, CRM platform, or any opt-in mechanism, you expressly agree to receive automated SMS text messages from Onyx Marketing and our customers using our platform. These terms govern the use of our A2P (Application-to-Person) SMS messaging service via 10DLC (10-digit long code) phone numbers.
Express Written Consent (TCPA): By checking a consent checkbox, replying "YES" to a confirmation message, or otherwise providing your mobile number through an opt-in form, you provide express written consent to receive automated SMS messages as defined by the Telephone Consumer Protection Act (TCPA) and Federal Communications Commission (FCC) regulations. This consent is not a condition of purchasing any goods or services.
Message Frequency & Content: Message frequency varies based on the automation workflows configured by the business using our platform. You can expect to receive between 1 and 10 messages per month. Messages may include appointment confirmations, reminders, follow-ups, promotional offers, review requests, and customer service communications. Standard message and data rates from your mobile carrier may apply.
Opt-Out Instructions: You may cancel SMS service at any time by replying "STOP", "UNSUBSCRIBE", "CANCEL", or "END" to any message. Upon opting out, you will receive one final confirmation message. If you wish to re-subscribe, reply "START" or "YES". You may also opt out by contacting us at (937) 930-3775 or contact@onyxmrkting.com. Opt-out requests are processed within 24 hours.
Help & Support: Reply "HELP" to any SMS message at any time to receive information about the service and how to opt out. For direct support, call (937) 930-3775 or email contact@onyxmrkting.com.
Carrier Compliance (10DLC & CTIA): Onyx Marketing operates its SMS service in compliance with CTIA Messaging Principles and A2P 10DLC carrier requirements. All businesses using our platform must complete A2P 10DLC campaign registration through The Campaign Registry (TCR), including brand verification and campaign use case approval, before sending messages. Onyx Marketing reserves the right to suspend SMS messaging for any business that fails to maintain carrier compliance or violates messaging guidelines.
Prohibited Content: The following content categories are strictly prohibited from being sent through our SMS platform: SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) content, illegal activities, fraudulent or deceptive offers, and any content that violates applicable federal, state, or local laws. Violations may result in immediate suspension of messaging privileges without refund.
Customer Responsibility for SMS Compliance: Customers using our platform to send SMS messages are solely responsible for obtaining proper opt-in consent from their contacts, maintaining consent records, honoring opt-out requests within 24 hours, and ensuring all message content complies with TCPA, CTIA, and carrier guidelines. Onyx Marketing is not liable for compliance violations committed by customers using the platform.
Liability for SMS Services: Onyx Marketing is not liable for message delivery failures, delays, or errors caused by mobile carriers, network outages, or third-party SMS service providers. We do not guarantee the delivery or timing of any SMS message. Message delivery is subject to carrier filtering and network availability.
SMS Usage Rebilling
Each subscription plan includes up to 1,000 SMS messages per month at no additional charge. For usage exceeding the 1,000-message monthly allowance, a flat rate of $15 per 1,000 messages is charged and will be added to your next monthly invoice. For example, once your account reaches 1,000 messages in a billing cycle, a $15 fee is applied. If your usage reaches 2,000 messages, an additional $15 is charged (totaling $30), and so on for each additional 1,000 messages. You are responsible for all SMS usage charges incurred on your account, including rebilled messages.
Monitoring Your Usage: You can monitor your SMS usage within the CRM dashboard at any time. If you anticipate exceeding the 1,000-message allowance regularly, contact us to discuss options for higher-volume messaging plans.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
