Legal
Service Terms
Last updated: 14 October 2026
Legal
Last updated: 14 October 2026
These terms apply when Montra Digital Pty Ltd (ABN 81 698 077 235)('Montra', 'we', 'us') provides services to a business or organisation ('you'). The services may be software we host (such as our real estate CRM or compliance applications), website design, development and hosting, or consulting and project work.
Our agreement with you is made up of the proposal, quote, order form or statement of work you accept (an 'Order'), these Service Terms, our Data Processing Terms and our Acceptable Use Policy. If they conflict, a signed agreement prevails, then the Order, then the Data Processing Terms, then these Service Terms. You accept these terms by accepting an Order, paying an invoice or using the services.
Our services are supplied to businesses for business purposes. You confirm you are acquiring them in the course of a business and have authority to bind your organisation.
We will provide the services described in the Order with due care and skill, using appropriately qualified people. For hosted software, we will use reasonable efforts to keep the service available, secure and backed up, but we do not guarantee uninterrupted or error-free operation. We may need to take the service offline for maintenance, which we will try to schedule outside business hours and announce in advance where practical.
We may improve or change hosted software over time. We will not make a change that materially reduces its core functionality during a paid term without telling you first.
Some of our software helps you keep records or follow processes required by law, such as anti-money laundering and counter-terrorism financing (AML/CTF) obligations, privacy obligations, real estate trust account rules or PCI DSS. We provide software and technical services only. We do not provide legal, compliance, accounting, tax or financial advice.
You remain responsible for:
Using our software does not by itself make you compliant with any law or standard. You should get your own professional advice.
You must pay the fees set out in the Order. Unless the Order says otherwise, fees exclude GST, recurring fees are invoiced in advance, and invoices are due within 14 days. We may increase recurring fees at renewal with at least 30 days' notice.
If an invoice is more than 14 days overdue, we may, after giving you at least seven days' written notice, pause work or suspend access to hosted services until it is paid. Your data is kept during a suspension.
You own the data you and your users put into our software ('Customer Data'). You give us the right to host, copy, process and transmit Customer Data only as needed to provide, secure, back up and support the services and as our Data Processing Terms allow. We do not sell Customer Data or use it to train AI models.
We may use aggregated information about how our services are used (for example, performance metrics) to operate and improve them, provided it does not identify you or any individual.
We own our software, platforms, tools and know-how, including improvements we make, and you receive a non-exclusive, non-transferable right to use hosted software for your internal business purposes during the term.
For custom work such as a website we build for you, ownership of the deliverables passes to you when you have paid for them in full, unless the Order says otherwise. We keep ownership of any pre-existing or reusable components we include, and you receive a perpetual licence to use them as part of the deliverables. Third-party components (such as open-source software, fonts or stock images) are subject to their own licences.
Each of us must keep the other's confidential information confidential and use it only for the purposes of our agreement, except where disclosure is required by law or to professional advisers bound by confidentiality. This continues after the agreement ends.
Our services may connect to or rely on third-party services, such as cloud hosting, property portals, payment processors, email providers or Microsoft 365. We are not responsible for their availability, accuracy or changes to their features, pricing or terms, and your use of them may be subject to their own terms.
The term is set out in the Order. Unless it says otherwise, hosted services renew automatically for further periods of the same length unless either of us gives at least 30 days' notice before renewal.
Either of us may end the agreement by written notice if the other materially breaches it and does not fix the breach within 30 days of being asked, or becomes insolvent. We may suspend access immediately if needed to deal with a security threat, a serious breach of our Acceptable Use Policy or a legal requirement, and will tell you as soon as we can.
When the agreement ends, you must pay any fees owing for services provided. For 30 days after the end date, we will, on request, provide an export of your Customer Data in a standard format. After that we will delete Customer Data from our live systems, and it will be removed from backups as they expire, unless the law requires us to keep it.
Nothing in our agreement excludes, restricts or modifies any right or remedy under the Australian Consumer Law that cannot be excluded. Where the law allows us to limit our liability for failing to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
Subject to that, and to the extent permitted by law:
Each party's liability is reduced to the extent the other party caused or contributed to the loss.
You indemnify us against third-party claims arising from Customer Data or content you provide, your breach of the Acceptable Use Policy, or your failure to meet your own legal obligations. We indemnify you against third-party claims that our hosted software, used in line with our agreement, infringes their Australian intellectual property rights.
Notices and questions: consulting@montra.com.au