Customer Terms and Conditions
Subscription Agreement
GuestPoint Motelier Pty Ltd trading as GuestPoint
By ticking the acceptance box on your Order Form or onboarding documentation, or by commencing use of a GuestPoint Product, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
If you have any questions about these terms, please contact us at accounts@guestpoint.com before accepting.
FIVE THINGS YOU SHOULD KNOW
Before you read the full terms, here is a plain-language summary of the key points. This summary is for convenience only — the full terms below are what you are agreeing to.
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- You must provide a direct debit authorisation at signup. GuestPoint requires a valid Direct Debit Request (DDR) before your account is activated. One-off fees are charged at the time of signing.
- Subscription fees start 30 days after signup. Your first subscription invoice is raised to the closest 1st of the month that falls at least 30 days after your contract signing date. **Please note that if a pre-arranged GoLive date was noted at contract signing this will be honoured
- Your subscription runs for an initial 12 months. After that, it automatically renews for successive 12-month periods unless you give us 30 days written notice before the end of your current term.
- Early termination has financial consequences. If you leave before the end of a term for reasons not set out in clause 10.1, you remain liable for the subscription for the remainder of that term.
- Your data is yours. We will make your data available for download in a standard format for 30 days after your subscription ends.
GUESTPOINT CUSTOMER TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 In these terms and conditions, unless the context requires otherwise:
“Account Data” has the meaning given in the Payment Card Industry Data Security Standard (PCI DSS) and comprises cardholder data and/or sensitive authentication data.
“Agreement” means the agreement between you and GuestPoint comprising the Order Form or onboarding acceptance, these terms and conditions, and any applicable schedules.
“Cardholder Data Environment” or “CDE” means the people, processes, and technology that store, process, or transmit cardholder data or sensitive authentication data.
“Commencement Date” means the date on which GuestPoint activates the Customer’s access to the Products, or such other date as agreed in writing.
“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 entity or individual identified in the Order Form or onboarding documentation as the subscriber of GuestPoint Products.
“Direct Debit Request (DDR)” means the authorisation provided by the Customer at the time of signing, permitting GuestPoint to debit the Customer’s nominated bank account or charge the Customer’s nominated card for all Fees due under the Agreement.
“Fees” means all amounts payable by the Customer under the Agreement, including One-Off Fees and Subscription Fees, as specified in the Order Form.
“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.
“Initial Term” means the first 12-month period commencing on the Commencement Date.
“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.
“One-Off Fees” means any setup, implementation, training, or other non-recurring fees specified in the Order Form, which are payable at the time of signing.
“Order Form” means the order form, proposal, or other written or electronic documentation issued by GuestPoint to the Customer setting out the Products to be supplied and the applicable Fees.
“Primary Payment Method” means the Customer’s nominated bank account for BECS Direct Debit, or credit or debit card, as authorised via the DDR at signing.
“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 Initial Term.
“Subscription Commencement Date” means the 1st of the calendar month that is the closest 1st of the month falling at least 30 days after the date the Order Form is signed by the Customer.
“Subscription Fees” means the recurring fees payable by the Customer for ongoing access to the Products, as specified in the Order Form.
“Tax” means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and any other applicable taxes.
“Term” means the Initial Term and any subsequent Renewal Terms.
2. Term
2.1 The Agreement commences on the Commencement Date and continues for the Initial Term of 12 months, unless earlier terminated in accordance with clause 10.
2.2 At the end of the Initial Term, and at the end of each Renewal Term thereafter, the Agreement will automatically renew for a further Renewal Term of 12 months at GuestPoint then-current pricing, unless the Customer provides GuestPoint with at least 30 days’ written notice before the end of the then-current term that it does not wish to renew.
2.3 GuestPoint will provide the Customer with notice of any pricing changes applicable to the upcoming Renewal Term in accordance with clause 14.
3. Supply of Products
3.1 GuestPoint agrees to supply, and the Customer agrees to subscribe to, the Products specified in the Order Form 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 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 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 Direct Debit Authorisation
4.1.1 The Customer must provide a valid Direct Debit Request (DDR) at the time of signing the Order Form. GuestPoint will not activate the Customer’s account until a DDR has been received and confirmed.
4.1.2 By providing the DDR, the Customer authorises GuestPoint (through its payment processor) to debit the Primary Payment Method for all Fees that fall due under the Agreement on the applicable due date.
4.1.3 The Customer must keep their Primary Payment Method details current for the duration of the Term. 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.
4.1.4 The Customer may cancel the DDR at any time by providing written notice to GuestPoint, however cancellation of the DDR does not reduce or extinguish the Customer’s payment obligations under this Agreement.
4.2 One-Off Fees
4.2.1 Any One-Off Fees specified in the Order Form (including setup, implementation, and training fees) are due and payable at the time the Order Form is signed. GuestPoint will charge One-Off Fees to the Customer’s Primary Payment Method on or shortly after the signing date.
4.2.2 One-Off Fees are non-refundable once work has commenced, except where GuestPoint is in material breach of this Agreement.
4.3 Subscription Fees
4.3.1 Subscription Fees will commence on the Subscription Commencement Date, being the 1st of the calendar month that is the closest 1st of the month falling at least 30 days after the Order Form signing date. GuestPoint will confirm the Subscription Commencement Date in writing to the Customer at or shortly after onboarding.
4.3.2 By way of example: if the Order Form is signed on 10 June, the Subscription Commencement Date will be 1 August (being the 1st of the month at least 30 days after signing).
4.3.3 GuestPoint will invoice the Customer monthly in advance for Subscription Fees from the Subscription Commencement Date. All invoices are due for payment within 7 days of issue and will be charged to the Customer’s Primary Payment Method on the due date.
4.3.4 GuestPoint shall be entitled from time to time to review the standard fee charged. The subscription Fee may be increased on July 1 each year by either CPI or to market value based on the current retail price of the Monthly subscription fees.
4.4 Late Payment
4.4.1 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.
4.4.2 If a payment fails on the Primary Payment Method for any reason, the Customer must make payment within 7 days of written notice from GuestPoint. Failure to do so constitutes a material breach of the Agreement.
4.5 Taxes
4.5.1 All Fees are exclusive of GST unless stated otherwise. Where GST applies, GuestPoint will add the applicable GST to the Fees and the Customer must pay the GST amount in addition to the Fees.
4.6 Price Adjustments
4.6.1 GuestPoint may adjust the Subscription 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.
7.5 GuestPoint acknowledges that it is responsible for the security of Account Data that GuestPoint stores, processes, or transmits on behalf of the Customer, or to the extent that GuestPoint’s services could impact the security of the Customer’s Cardholder Data Environment (CDE).
7.6 The acknowledgement in clause 7.5 applies to the Account Data and services GuestPoint provides under this Agreement and does not extend to components of the Customer’s CDE that are owned, managed, or controlled by the Customer or by third parties not engaged by GuestPoint.
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 providing at least 30 days’ written notice of non-renewal before the end of the then-current 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 provide a DDR at signing or 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 the Initial 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 remains liable for all Subscription Fees for the remainder of the then-current term. The parties agree that such amounts represent a genuine pre-estimate of GuestPoint 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 4.1.2. If a charge cannot be processed, GuestPoint will invoice the Customer and payment is due within 7 days.
(c) If the Customer cancels or revokes the DDR 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; 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 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. Variation of Terms
14.1 GuestPoint may update or vary these terms and conditions from time to time. GuestPoint will provide at least 28 days’ written notice to the Customer of any material changes before they take effect.
14.2 If the Customer does not accept the varied terms, the Customer may terminate the Agreement in accordance with clause 2.2 without early termination liability, provided notice is given before the effective date of the change.
14.3 Continued use of the Products after the effective date of the change constitutes acceptance of the varied terms.
15. General
15.1 The Agreement may not be assigned by the Customer without GuestPoint prior written consent.
15.2 The Agreement is governed by the laws of Australia, and the parties submit to the exclusive jurisdiction of the courts of Australia.
15.3 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.
15.4 The Agreement constitutes the entire agreement between the parties and supersedes all prior communications.
15.5 If any provision of the Agreement is found to be unenforceable, the remainder continues in full force.
15.6 A delay or failure to exercise a right under the Agreement is not a waiver of that right.
15.7 The Agreement does not create any relationship of partnership, employment, franchise, joint venture, or agency.
15.8 Provisions that are capable of surviving termination (including clauses 4, 7, 8, 9, 10.3, 10.5, 12, 13 and 15) will remain in force after termination.
— END OF TERMS —
Contacting Us
If there are any questions regarding these terms of use you may contact us using the information below.
GuestPoint
1 Clunies Ross Court, Eight Mile Plains, QLD, 4113, Australia
accounts@guestpoint.com
www.guestpoint.com
+61730633701