Terms of Service and Terms and Conditions

These Terms of Service and Terms and Conditions (together, this Agreement) govern your access to and use of TrustBook’s platform and advisory services. By creating an account, subscribing to a plan, or using any TrustBook service, you agree to be bound by this Agreement. If you do not agree, you must not use our services.

This Agreement constitutes a legally binding contract between TrustBook Pty Ltd (TrustBook, we, us, our) and you (the Customer, you, your).

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use TrustBook’s services. If you are entering this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case ‘you’ and ‘your’ refer to that entity. If you do not have such authority, you must not accept this Agreement or use our services.

Key Definitions

The following terms have defined meanings throughout this Agreement:

Customer Data — all information, data, and content you input, upload, or submit into the Platform, including your organisation’s details, policies, and compliance records.
Generated Content — compliance documents, policies, templates, checklists, and other outputs created by the Platform based on your Customer Data.
Add-Ons — additional features or services available for separate purchase beyond your core Subscription, such as one-off mock audits, additional user seats, or specialist modules (e.g. aged care compliance).
Subscription — your paid access plan to the Platform (Essentials, Professional, or Advisory tier).
Engagement Document — a written Engagement Letter, Statement of Work, or Order Form agreed between the parties for Advisory Services.
Intellectual Property Rights — all current and future rights conferred by statute, common law, or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, and other results of intellectual activity.

PART A — TERMS OF SERVICE (PLATFORM)

Part A governs your use of the TrustBook software platform, including all features, tools, compliance workflows, content libraries, and any future platform functionality (the Platform).

1. Subscription Plans and Access

TrustBook offers the following subscription plans:

Essentials — $149/month billed annually. Includes core compliance workflows, document templates, and standard support.
Professional — $299/month billed annually. Includes all Essentials features plus advanced audit preparation tools, priority support, and advisory access.
Advisory — Custom pricing. For complex, multi-site, or enterprise providers requiring tailored compliance support.

Plan features are as described at trustbook.com.au/plans at the time of subscription. We may update plan features with 30 days’ written notice.

Add-Ons: Additional features and services may be purchased beyond your core Subscription. Add-Ons are subject to this Agreement and any additional terms presented at the time of purchase. Examples include one-off mock audit sessions, additional user seats, and specialist modules such as aged care compliance.

Multi-user access: User seat entitlements are as specified in your Subscription plan. Additional seats beyond your plan allowance are available as Add-Ons at the rates set out at trustbook.com.au/pricing.

Auto-Renewal: Subscriptions automatically renew at the end of each billing period at the then-current rates unless you cancel before the renewal date. We will send a reminder at least 7 days before your annual renewal date. You can cancel at any time via your account settings or by contacting support@trustbook.com.au.

2. Account Registration

To use the Platform, you must create an account and provide accurate, current information. You are responsible for:

maintaining the confidentiality of your login credentials;
all activity that occurs under your account; and
notifying us immediately at support@trustbook.com.au if you suspect unauthorised access.

You must not share your account outside your organisation or create multiple accounts to circumvent plan limits.

3. Licence to Use the Platform

Subject to payment of applicable fees and compliance with this Agreement, TrustBook grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform during your Subscription period solely for your internal compliance and business management purposes.

You must not:

copy, modify, reverse engineer, or create derivative works of the Platform;
resell, sublicence, or provide third-party access to the Platform without our written consent;
use the Platform to build a product or service that competes with TrustBook, or assist any third party in doing so;
upload content that is unlawful, harmful, fraudulent, or infringes intellectual property rights;
upload false, inaccurate, or misleading compliance records or documentation;
use the Platform in a way that violates any applicable law, NDIS Commission requirement, or the rights of any third party; or
use automated tools, bots, or scrapers to access the Platform.

TrustBook reserves the right to suspend or terminate your account immediately if we reasonably believe your account has been used to upload fraudulent documentation or in a manner that may breach applicable regulations. We may report such conduct to relevant regulatory authorities where legally required.

4. Beta Features

TrustBook may, from time to time, make new features or functionality available on a beta basis. Beta features are provided ‘as is’ without warranty of any kind and may be modified, limited, or withdrawn at any time without notice. Use of beta features is at your own risk and they are excluded from any SLA commitments under clause 7.

5. Third-Party Integrations

The Platform may integrate with or link to third-party systems and services, including NDIS Commission systems, payment processors, and other external platforms (Third-Party Services).

TrustBook is not responsible for the availability, accuracy, or performance of Third-Party Services. Where a Third-Party Service is unavailable or changes its interfaces, TrustBook’s obligations to you are suspended to the extent affected, and we will use reasonable endeavours to restore functionality promptly.

Your use of Third-Party Services is subject to the terms and conditions of those services, which you are responsible for reviewing.

6. Compliance Content and Information

TrustBook provides compliance content, templates, checklists, and guidance based on current NDIS Commission standards and Australian regulatory requirements. This content is:

updated regularly but may not reflect real-time regulatory changes — the NDIS Commission issues standards updates frequently;
provided for general guidance purposes only and does not constitute legal, compliance, or professional advice; and
not a substitute for independent legal, compliance, or regulatory advice specific to your circumstances.

You are responsible for verifying that your compliance practices meet all applicable obligations under the NDIS Act 2013 and related legislative instruments, including your own mandatory reporting obligations to the NDIS Commission (such as reportable incidents). TrustBook’s Platform supports your compliance work but does not replace your organisation’s legal duties.

TrustBook accepts no liability for any regulatory findings, audit outcomes, registration decisions, or sanctions arising from your reliance on Platform content alone.

7. Platform Availability and Service Levels

TrustBook will use reasonable endeavours to make the Platform available with a monthly uptime target of [INSERT TARGET, e.g. 99.5%] (Uptime Target), excluding scheduled maintenance windows and events beyond our reasonable control.

We will provide advance notice of scheduled maintenance where reasonably practicable. TrustBook may update, modify, or discontinue Platform features, and will use reasonable endeavours to minimise disruption and provide 30 days’ notice of significant feature changes.

8. Subscription Fees and Payment

Annual subscriptions are billed upfront for the full subscription year. Monthly billing is charged at the start of each billing period. All prices are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise. GST at the applicable rate will be added to all fees and a tax invoice will be issued for each payment.

Fees are processed via our third-party payment provider. If you elect to pay by credit card, a payment processing surcharge of [INSERT RATE, e.g. 1.5%] may apply and will be disclosed at checkout. If payment fails, we may suspend access until payment is received. Outstanding amounts accrue interest at 10% per annum after 14 days.

Price changes: TrustBook reserves the right to change fees at any time. We will provide at least 30 days’ written notice of any fee change affecting your active Subscription.

Disputed invoices: If you dispute the whole or any part of an invoice, you will pay the undisputed portion by the due date and notify us in writing of the disputed amount. The dispute will be referred to the dispute resolution process in clause 21.

9. Cancellation and Refunds

You may cancel your Subscription at any time via your account settings or by contacting support@trustbook.com.au. Cancellation takes effect at the end of your current billing period.

Cooling-off period: If you cancel within 2 business days of your initial Subscription start date and have not materially used the Platform, you may request a full refund. Once Generated Content has been accessed or downloaded, no cooling-off refund applies.

Annual subscriptions: Outside the cooling-off period, annual fees are non-refundable except where required by Australian Consumer Law.

Monthly subscriptions: No refunds are provided for the current month, but you will not be charged for future periods after cancellation.

Where Australian Consumer Law entitles you to a remedy, those rights are not excluded by this clause.

10. Intellectual Property

All intellectual property in the Platform, compliance content, templates, branding, and documentation (TrustBook IP) is owned by or licensed to TrustBook Pty Ltd. Nothing in this Agreement transfers any ownership of TrustBook IP to you.

Customer Data: Your data and content uploaded to the Platform remains your property. You grant TrustBook a limited, non-exclusive licence to use Customer Data solely to deliver the Platform services and, in de-identified and aggregated form, to improve the Platform.

Generated Content: Upon full payment of all applicable fees, TrustBook grants you a perpetual, worldwide, non-exclusive licence to use, download, and adapt Generated Content (such as policies, templates, and compliance documents) for your own internal business purposes. This licence survives cancellation or termination of your Subscription — documents you created while subscribed remain yours to use after you leave. This licence does not permit you to resell, white-label, or commercially redistribute Generated Content as a standalone product.

11. Data, Privacy, and Security

TrustBook handles personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at trustbook.com.au/privacy. By using the Platform, you agree to our collection and use of information as described in that policy.

You warrant that any personal information uploaded or entered into the Platform has been collected lawfully and may be handled in accordance with applicable privacy laws, including the Australian Privacy Principles.

Data breach notification: TrustBook participates in the Notifiable Data Breaches (NDB) scheme under the Privacy Act. In the event of an eligible data breach that is likely to result in serious harm to affected individuals, TrustBook will notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as required by law. We will also notify you promptly where the breach involves your Customer Data.

Data retention on termination: You may export your Customer Data within 30 days of termination. After this period, TrustBook will delete or anonymise your Customer Data in accordance with our data retention policy, except where we are required by law to retain it.

TrustBook implements industry-standard security measures. You should maintain your own backups of critical compliance records.

12. Communications and Spam Act Compliance

By creating a TrustBook account, you consent to receive transactional communications from us, including account confirmations, invoices, renewal reminders, compliance update notifications, and service announcements. These communications are necessary for the operation of your account.

TrustBook complies with the Spam Act 2003 (Cth). Where we send commercial electronic messages (such as product updates or promotional content), we will include a clear and functional unsubscribe mechanism. You may update your communication preferences at any time via your account settings or by emailing support@trustbook.com.au.

PART B — TERMS AND CONDITIONS (ADVISORY SERVICES)

Part B governs the provision of advisory, consulting, and audit preparation services by TrustBook (Advisory Services). Part B applies in addition to Part A where you have engaged Advisory Services.

13. Scope of Advisory Services

Advisory Services include, but are not limited to:

NDIS registration preparation and audit readiness consulting;
mock audits and gap analysis;
compliance reviews and policy development;
ongoing advisory support and regulatory guidance; and
other compliance consulting (where engaged).

TrustBook may use subcontractors to deliver Advisory Services. TrustBook remains responsible for the quality of services delivered by its subcontractors under this Agreement.

The specific scope of Advisory Services will be set out in an Engagement Document. In the event of inconsistency between this Agreement and an Engagement Document, the Engagement Document prevails.

14. Advisory Fees, Payment, and Variations

Advisory fees are as quoted in your Engagement Document. Fees for Advisory plan subscribers are included as set out in your subscription agreement.

Ad hoc consulting services are invoiced on completion (or as agreed in writing) and payable within 14 days of invoice. Late payments accrue interest at 10% per annum. All fees are exclusive of GST.

Disbursements, travel costs, and third-party expenses incurred in delivering Advisory Services will be charged at cost unless otherwise agreed.

Out-of-scope work: Any work outside the agreed scope of an Engagement Document (including additional consultation, policy edits, or reviews) will be quoted and charged at TrustBook’s then-current hourly rate of $[INSERT RATE] plus GST per hour, or as otherwise agreed in writing.

Project variations: Major changes to scope or deliverables must be agreed in writing between the parties before work commences. Alterations must be submitted electronically to TrustBook for assessment.

Client-caused delays: TrustBook will endeavour to deliver services by any agreed timeframe. However, TrustBook is not liable for delays caused by: (a) your failure to provide requested information or documentation on time; (b) changes to scope requested by you; (c) changes to law or regulation; (d) delays by third parties (including government agencies) outside TrustBook’s reasonable control; or (e) any other act or omission by you that contributes to delay.

15. Nature of Advisory Services and NDIS Disclaimer

Advisory Services are provided by experienced compliance professionals based on current NDIS Commission standards, aged care regulations, and industry best practice. However:

Advisory Services do not constitute legal advice. You should seek independent legal counsel for legal obligations specific to your business.
TrustBook cannot guarantee any specific audit outcome. Audit decisions are made independently by NDIS-approved quality auditors and are subject to the NDIS Commission’s sole discretion.
TrustBook does not guarantee NDIS registration. Registration under the National Disability Insurance Scheme Act 2013 is regulated by the NDIS Quality and Safeguards Commission and is subject to government approval at all times. Nothing in this Agreement or any Engagement Document constitutes a representation that registration will be granted.
Our guidance is based on information you provide. You must ensure all information given to TrustBook is accurate and complete.
Worker screening clearances: TrustBook may advise on worker screening compliance processes. This advice does not constitute a worker screening clearance and does not replace the obligations of the relevant Worker Screening Unit.

16. NDIS Code of Conduct

TrustBook operates consistently with the expectations of the NDIS Code of Conduct in the delivery of its services. TrustBook does not make representations that its staff hold any specific NDIS-related certifications unless separately confirmed in writing.

17. Client Obligations and Accuracy Acknowledgement

To enable effective delivery of Advisory Services, you agree to:

provide timely, accurate, and complete information and documentation when requested;
make relevant staff and management available for consultations;
implement agreed recommendations within agreed timeframes; and
notify us of any material changes to your operations, services, registration status, or regulatory environment.

You acknowledge and agree that you are solely and ultimately responsible for the accuracy of all information, documents, declarations, and other materials provided to TrustBook for the purpose of Advisory Services being delivered. TrustBook is not responsible for advisory outcomes where delayed, inaccurate, or incomplete information has been provided.

18. Cooling-Off Period — Advisory Engagements

A cooling-off period of 2 business days applies from the date you sign and return an Engagement Document, provided no services have yet been delivered. During this period, you may cancel without penalty and receive a full refund of any prepaid fees.

Once policies, documents, or advisory sessions have been delivered, no cooling-off refund applies. After the cooling-off period, all fees specified in the Engagement Document are due and payable as agreed.

If you request termination of Advisory Services after the cooling-off period, any refunds are at TrustBook’s discretion, provided that your ACL rights are not affected.

19. Cancellation of Advisory Sessions

You may cancel a booked advisory session with at least 48 hours’ written notice at no charge. Cancellations with less than 48 hours’ notice may incur a cancellation fee of 50% of the session fee.

Where TrustBook is unable to deliver a scheduled engagement due to our error, we will reschedule at no additional cost.

PART C — GENERAL TERMS

20. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Where the ACL applies, you are entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss. You are also entitled to have services remedied if they fail to be of acceptable quality.

To the fullest extent permitted by law, our liability for failure to comply with a non-excludable consumer guarantee is limited, at TrustBook’s option, to: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.

Nothing in this Agreement excludes, restricts, or modifies any right or remedy you have under the ACL that cannot be lawfully excluded.

21. Limitation of Liability

TrustBook’s compliance content and platform tools support your compliance work. They are not legal advice and do not guarantee audit or registration outcomes. You remain responsible for ensuring your organisation meets all regulatory obligations. Our financial liability to you is capped as set out below. UCT review required: your solicitor should assess whether the liability cap and associated clauses comply with the Unfair Contract Terms regime (as amended from November 2023).

To the maximum extent permitted by law (and subject to your ACL rights):

TrustBook’s total aggregate liability to you for all claims arising under or in connection with this Agreement is limited to the total fees paid by you to TrustBook in the 6 months immediately preceding the event giving rise to the claim; and
TrustBook is not liable for any indirect, consequential, incidental, special, or punitive loss, including loss of profit, loss of data, loss of registration, loss of goodwill, or regulatory penalties.

These limitations do not apply to liability arising from fraud, wilful misconduct, or personal injury caused by TrustBook’s negligence.

22. Indemnity

You agree to indemnify, defend, and hold harmless TrustBook and its officers, employees, and contractors from any claims, liabilities, costs, and expenses (including reasonable legal fees) arising from:

your breach of this Agreement;
your violation of any applicable law or regulation, including NDIS Act obligations;
your failure to seek appropriate professional or legal advice regarding your compliance obligations;
the accuracy or completeness of information you provide to TrustBook; or
your use of the Platform or Advisory Services in a manner not authorised by this Agreement.

23. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with this Agreement (Confidential Information) and to use it only for the purposes of this Agreement. Each party will take reasonable steps to ensure its employees, agents, and subcontractors do not disclose the other party’s Confidential Information.

A party may disclose Confidential Information to its related entities, solicitors, auditors, insurers, and accountants on a need-to-know basis.

This obligation does not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was already known to the receiving party; (c) is independently developed; or (d) is required to be disclosed by law or a regulatory authority. This clause survives termination of this Agreement.

TrustBook may use de-identified, aggregated data to improve the Platform and services.

24. Non-Solicitation

During the term of this Agreement and for 12 months following its termination, you agree not to directly solicit or engage (as an employee, contractor, or consultant) any person who was an employee or contractor of TrustBook within the preceding 12 months, without TrustBook’s prior written consent.

Nothing in this clause prevents you from engaging any person who responds independently to a general public advertisement for employment.

25. Term and Termination

This Agreement commences on the date you first access the Platform or engage Advisory Services and continues until terminated.

Either party may terminate this Agreement:

for convenience, on 30 days’ written notice; or
immediately, if the other party materially breaches this Agreement and fails to remedy the breach within 14 days of written notice.

TrustBook may also suspend or terminate your account immediately where required for legal, security, or regulatory reasons, including where you upload fraudulent documentation, where you are in material arrears, or where continued access poses a risk to other users.

Effect of termination: Your licence to use the Platform ceases immediately on termination. You may export your Customer Data within 30 days of termination. TrustBook will then delete or anonymise your Customer Data in accordance with our data retention policy, except where retention is required by law. Clauses that by their nature should survive termination (including confidentiality, IP, indemnity, and limitation of liability) do so.

26. Force Majeure

Neither party is liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, acts of government, pandemic, cyberattacks on third-party infrastructure, or internet infrastructure failures (Force Majeure Event).

The affected party must notify the other as soon as practicable of a Force Majeure Event and its expected duration. If a Force Majeure Event continues for more than 30 days, either party may terminate the affected services without liability by written notice.

27. Dispute Resolution

If a dispute arises in connection with this Agreement, the parties agree to:

first attempt to resolve the dispute informally by notifying the other party in writing and engaging in good-faith discussion for at least 20 business days;
if unresolved, refer the dispute to mediation under the LEADR & IAMA mediation rules before commencing court proceedings; and
if mediation fails, submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

During any dispute, you must continue to pay all undisputed amounts by the due date.

28. Governing Law

This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales. All expressions used in this Agreement in relation to copyright are construed as defined in the Copyright Act 1968 (Cth).

29. Changes to This Agreement

TrustBook may update this Agreement from time to time. We will provide at least 30 days’ written notice (via email or in-Platform notification) before material changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Agreement.

If you do not agree to material changes, you may terminate your Subscription before the effective date and receive a pro-rata refund of any prepaid fees for the unused period.

30. General

Entire Agreement: This Agreement, together with any Engagement Document and our Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior representations, negotiations, and agreements.

Severability: If any provision of this Agreement is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remainder continues in full force. Each combination of any provision and jurisdiction forms a separate covenant.

No Waiver: A party’s failure or delay in exercising any right under this Agreement does not constitute a waiver of that right. A single exercise of a right does not prevent further exercise of that or any other right.

Assignment: You may not assign or transfer your rights or obligations under this Agreement without TrustBook’s prior written consent. TrustBook may assign its rights in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to you.

Relationship: Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

Acceptance

By creating a TrustBook account, completing our sign-up process, or accessing the Platform, you confirm that you have read, understood, and agree to be bound by this Agreement.

For Advisory Services, your written acceptance of an Engagement Document constitutes acceptance of the terms of this Agreement as they apply to those services.