GuestPoint Property Management System
Customer Terms and Conditions Subscription Agreement
GuestPoint Motelier Pty Ltd trading as GuestPoint
By continuing to use a GuestPoint Product after a notified renewal date, you acknowledge that you have read and agree to these terms and conditions.
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5 Things You Should Know
Before you read the full terms, here’s a plain-language summary of the key points. This summary is for convenience only, the full terms below are what you’re agreeing to.
1. You are signing up for a fixed period.
Your selected pricing option specifies a contract term (12 months for Option A, or rolling monthly for Option B). If you are on an annual contract and leave early, the remaining balance is still owed.
2. We store your payment details securely.
Your existing payment details are held securely on file and will be used for this renewal. If you need to update your nominated payment method, please contact us at accounts@guestpoint.com.
3. If your payment fails.
If a scheduled payment fails on your nominated payment method, you must rectify the payment within 7 days of notice from GuestPoint. If you cancel your payment method before your contract term expires, the outstanding balance for the remainder of the term becomes immediately due.
4. Your contract auto-renews unless you tell us otherwise.
At the end of the term, your agreement renews automatically for successive 12-month periods at the then-current pricing.
5. If you sell the property, the contract can transfer.
If ownership of your property changes, the incoming owner can take over your agreement at the same terms. If they decline, the remaining balance is treated as an early termination, and the outstanding amount is payable by you.
If you have any questions about these terms, please contact us at accounts@guestpoint.com before accepting.
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GuestPoint Customer Terms and Conditions
1. Definitions and Interpretation
1.1 In these terms and conditions, unless the context requires otherwise:
“Agreement” means the agreement between you and GuestPoint comprising the Renewal Notice or renewal acceptance, these terms and conditions, and any applicable schedules.
“Confidential Information” means any information marked as confidential or which, by its nature, the other party knows or ought to know is confidential.
“Customer“, “you” or “your” means the existing GuestPoint subscriber renewing their subscription as identified in the Renewal Notice.
“Direct Debit Request (DDR)” means the authorisation provided by the Customer permitting GuestPoint to debit the Customer’s nominated bank account via the Bulk Electronic Clearing System (BECS).
“Effective Date” means 1 July 2026, being the date on which these renewal terms take effect, or such earlier date as the Customer elects a renewal option or continues use of a Product after receiving the Renewal Notice.
“Fees” means all fees payable by the Customer for Products or Services as specified in the Renewal Notice, including subscription fees, and any other charges.
“Force Majeure Event” means any event beyond the reasonable control of a party, including natural disasters, war, pandemic, government action, or failure of telecommunications.
“GuestPoint“, “we“, “us” or “our” means GuestPoint Motelier Pty Ltd (ABN 73 137 452 60) trading as GuestPoint.
“Insolvency Event” means the appointment of a receiver, administrator, or liquidator, or the inability of a party to pay its debts as they fall due.
“Intellectual Property Rights” means all intellectual property rights including trade marks, patents, copyright, designs, and domain names.
“Primary Payment Method” means the Customer’s nominated bank account for BECS Direct Debit, or credit card if no bank account is provided.
“Product” means any software product or service supplied by GuestPoint, including the GuestPoint property management system, TrustPoint, booking engine, channel manager integrations, payment processing, websites and related services.
“Property” means the accommodation premises from which the Customer operates.
“Renewal Term” means each successive 12-month period following the Term.
“Renewal Notice” means the renewal notice, email, or other written or electronic communication from GuestPoint to an existing Customer specifying the Products, Fees, and renewal options.
“Tax” means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and any other applicable taxes applicable to your jurisdiction.
“Term” means the minimum contract period of 12 months commencing 1 July 2026 (for Option A) or the rolling monthly period (for Option B), and any subsequent terms.
2. Term
2.1 The Agreement commences on the Effective Date and continues for the Term, unless earlier terminated in accordance with clause 10.
2.2 At the end of the Term, the Agreement will automatically renew for successive Renewal Terms of 12 months each at GuestPoint then-current pricing, unless the Customer provides GuestPoint with at least 30 days’ written notice before the end of the current term that it does not wish to renew.
3. Supply of Products
3.1 GuestPoint agrees to supply, and the Customer agrees to purchase, the Products specified for the duration of the Term.
3.2 GuestPoint may make changes, modifications and updates to the Products from time to time, provided there is no material degradation of the Products.
3.3 Access to the Products is granted subject to the following conditions:
(a) Products may only be used by the Customer and its authorised employees;
(b) Products must not be copied, reproduced, resold, or reverse-engineered;
(c) Products must not be used for any unlawful purpose or to interfere with GuestPoint’s systems; and
(d) login credentials are personal and must not be shared.
3.4 GuestPoint represents and warrants that: (a) the Products will be supplied by appropriately qualified personnel; (b) each Product will comply with the relevant product specifications; and (c) GuestPoint will maintain PCI DSS compliance for the duration of the Agreement.
3.5 The Products are provided “as is” and GuestPoint does not guarantee continuous, uninterrupted access. The Products rely on internet connectivity and third-party systems that may be affected by factors outside GuestPoint’s reasonable control. This clause does not exclude, restrict, or modify any rights or remedies the Customer may have under the Australian Consumer Law that cannot lawfully be excluded.
4. Fees and Payment
4.1 Obligation to Pay
The Customer agrees to pay all Fees for the entire duration of the Term, including this Term and any Renewal Terms. Fees are as specified in the Renewal Notice.
4.2 Billing
GuestPoint will invoice the Customer monthly in advance for subscription Fees. Other Fees (including usage-based or commission-based charges) may be invoiced monthly in arrears. All invoices are due for payment within 7 days of issue.
4.3 Payment Methods and Authorisation
(a) GuestPoint holds the Customer’s existing Primary Payment Method on file. The Customer must ensure these details remain current and must notify GuestPoint promptly of any changes to their nominated payment method prior to the renewal date.
(b) The Customer authorises GuestPoint (through its payment processor) to debit the Primary Payment Method for all Fees due under the Agreement on the applicable due date.
(c) If a payment fails on the Primary Payment Method for any reason (including insufficient funds, cancelled mandate, or closed account), the Customer must make payment within 7 days of written notice from GuestPoint. Failure to do so constitutes a material breach of the Agreement.
(d) The Customer must keep their nominated payment method details current. If the Customer’s payment details change, the Customer must notify GuestPoint promptly and in any event no later than 7 days before the next billing date.
4.4 Direct Debit Request (DDR) Service Agreement
The Customer’s existing Direct Debit Request (DDR) authorisation continues to apply to this Agreement. GuestPoint will provide at least 14 days’ notice if any changes are made to the DDR terms. The Customer may cancel the DDR at any time by providing written notice to GuestPoint, however cancellation of the DDR does not cancel or reduce the Customer’s obligations under this Agreement.
4.5 Late Payment
If the Customer fails to make any payment when due, GuestPoint may:
(a) charge default interest on the overdue amount at 12% per annum from the due date until the date of actual payment;
(b) suspend access to the Products after giving reasonable notice where practicable until payment is received; and
(c) recover reasonable costs incurred in collecting the overdue amount, including debt recovery agency fees.
4.6 Taxes
All Fees are exclusive of GST unless stated otherwise. Where GST applies, GuestPoint will add the applicable GST to the Fees where applicable and the Customer must pay the GST amount in addition to the Fees.
4.7 Price Adjustments
GuestPoint may adjust the Fees at any Renewal Term by providing the Customer with at least 28 days’ written notice before the start of the Renewal Term. If the Customer does not accept the new Fees, the Customer may terminate the Agreement in accordance with clause 2.2 without penalty.
5. Customer Obligations
5.1 The Customer must:
(a) maintain the necessary infrastructure (including internet connectivity and compatible hardware) to support the Products;
(b) ensure that all information inputted to the Products is accurate and up to date;
(c) comply with all applicable laws;
(d) provide GuestPoint with all information and assistance reasonably required to deliver the Products; and
(e) treat GuestPoint staff with respect. A breach of clause 5.1(e) is a material breach of the Agreement.
5.2 Where the Customer is a property manager on behalf of an owner, the Customer represents and warrants that it is, and will remain for the duration of the Term, authorised by the owner to manage the Property and enter into this Agreement.
6. Support and Maintenance
6.1 GuestPoint will provide reasonable support during business hours (Monday to Friday, 8:00am to 6:00pm AEST, excluding public holidays).
6.2 GuestPoint may perform scheduled and unscheduled maintenance on the Products from time to time and will use reasonable efforts to provide notice before any maintenance that may affect access.
6.3 GuestPoint may suspend access to a Product if required to comply with any law, protect systems from harm, or respond to an emergency.
7. Privacy and Data Protection
7.1 Each party must comply with the Australian Privacy Act 1988 (Cth) and any other applicable data protection legislation.
7.2 The Customer is the controller, and GuestPoint is the processor, of guest personal data stored in the Products. GuestPoint will process personal data only for the purposes of delivering the Products and Services.
7.3 GuestPoint will implement appropriate technical and organisational security measures to protect personal data.
7.4 GuestPoint may use anonymised and aggregated data for internal analysis, product improvement, and benchmarking purposes.
8. Confidentiality
8.1 Each party must keep confidential all Confidential Information of the other party and must not disclose it to any third party without prior written consent, except:
(a) to employees, contractors, or advisers on a need-to-know basis who are bound by confidentiality obligations;
(b) as required by law or court order; or
(c) where the information is already publicly available through no breach of this Agreement.
9. Intellectual Property
9.1 All Intellectual Property Rights in the Products and GuestPoint software remain the property of GuestPoint. Nothing in this Agreement transfers any ownership of Intellectual Property Rights.
9.2 The Customer must not modify, reverse-engineer, decompile, or create derivative works from the Products or GuestPoint software.
9.3 GuestPoint will indemnify the Customer against any third-party claim that the Products infringe the Intellectual Property Rights of that third party, provided the Customer notifies GuestPoint promptly and grants GuestPoint full control of the defence.
10. Termination
10.1 Termination by the Customer
The Customer may terminate the Agreement:
(a) if GuestPoint commits a material breach that is not remedied within 14 days of written notice;
(b) immediately if GuestPoint suffers an Insolvency Event;
(c) in accordance with clause 11 (Force Majeure); or
(d) by not renewing at the end of a term in accordance with clause 2.2.
10.2 Termination by GuestPoint
GuestPoint may terminate the Agreement:
(a) if the Customer commits a material breach that is not remedied within 14 days of written notice (including failure to pay Fees when due);
(b) immediately if the Customer suffers an Insolvency Event;
(c) in accordance with clause 11 (Force Majeure); or
(d) if the Customer’s authorisation from the Property owner is terminated.
10.3 Consequences of Early Termination
(a) If the Customer terminates the Agreement during this Term or any Renewal Term for any reason other than those specified in clauses 10.1(a), 10.1(b), or 10.1(c), the Customer must pay all Fees for the remainder of the then-current term. These Fees become immediately due and payable upon termination. The parties agree that the Fees payable for the remainder of the term represent a genuine pre-estimate of GuestPoint’s loss, including infrastructure, licensing, support, and administrative costs, and are not a penalty.
(b) GuestPoint is authorised to charge the outstanding balance to the Customer’s Primary Payment Method in accordance with clause 4.3.
(c) If the Customer cancels or revokes the Direct Debit Request before the end of the term, the total outstanding Fees for the remainder of the term become immediately due as a single payment.
10.4 Change of Ownership
(a) If ownership of the Property changes during the Term, the incoming owner may assume the Agreement for the remainder of the term at the same conditions by providing written notice to GuestPoint within 30 days of the ownership change.
(b) If the incoming owner declines to assume the Agreement, the change of ownership will be treated as an early termination by the Customer under clause 10.3.
(c) Written notice from the Property owner will be sufficient evidence of a change of ownership.
10.5 Post-Termination
Upon termination:
(a) the Customer must cease using the Products;
(b) the Customer must download any data stored in the Products within 30 days. GuestPoint will make Customer data available for download in a reasonable and commonly used electronic format, after which GuestPoint may delete all Customer data from its servers; and
(c) GuestPoint may delete all Customer data from its servers after 30 days.
11. Force Majeure
11.1 Neither party is liable for failure or delay in performance caused by a Force Majeure Event, provided the affected party gives prompt written notice.
11.2 If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the Agreement by written notice.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, neither party is liable to the other for any indirect, special, incidental, or consequential loss, including loss of revenue, profits, goodwill, or data.
12.2 To the extent permitted by law, each party’s total aggregate liability under the Agreement is limited to the total Fees paid by the Customer in the preceding 12 months.
12.3 Where Australian Consumer Law implies any warranty that cannot be excluded, GuestPoint’s liability for breach is limited to: (a) resupply of the Products; or (b) payment of the cost of resupply.
12.4 The limitations in this clause 12 do not apply to: (a) the Customer’s obligation to pay Fees; (b) the indemnity in clause 9.3; or (c) liability arising from fraud, gross negligence, or wilful misconduct.
13. Dispute Resolution
13.1 The parties must exhaust the following process before initiating legal proceedings:
(a) The disputing party must give written notice setting out the nature of the dispute.
(b) A senior representative of each party must use reasonable endeavours to resolve the dispute by negotiation within 20 business days.
13.2 Nothing in this clause prevents a party from seeking urgent injunctive relief.
14. General
14.1 The Agreement may not be assigned by the Customer without GuestPoint’s prior written consent.
14.2 The Agreement is governed by the laws of Australia, and the parties submit to the exclusive jurisdiction of the courts of Australia.
14.3 Notices must be in writing and in English. Notices are effective:
(a) if delivered personally, immediately;
(b) if mailed, on the second business day after posting;
(c) if emailed, on the date sent unless the sender receives a delivery failure notification.
14.4 The Agreement constitutes the entire agreement between the parties and supersedes all prior communications.
14.5 If any provision of the Agreement is found to be unenforceable, the remainder continues in full force.
14.6 A delay or failure to exercise a right under the Agreement is not a waiver of that right.
14.7 The Agreement does not create any relationship of partnership, employment, franchise, joint venture, or agency.
14.8 Provisions that are capable of surviving termination (including clauses 4, 8, 9, 10.3, 10.5, 12, 13 and 14) will remain in force after termination.
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* END OF TERMS *