| Effective Date | 5 May 2026 |
|---|---|
| Provider | TowerDesk |
| ABN | 89 719 330 602 |
| Website | www.towerdesk.com.au |
| Contact Email | legal@towerdesk.com.au |
These Terms and Conditions apply to the use of TowerDesk, a cloud-based strata management software platform.
By creating an account, accessing TowerDesk, using the Platform, signing an order form, paying an invoice, renewing a subscription, or allowing users to access the Platform, you agree to be bound by these Terms.
If you use TowerDesk on behalf of a company, strata management business, owners corporation, body corporate, strata committee, building manager, managing agent, or other organisation, you confirm that you have authority to bind that organisation to these Terms.
In these Terms:
Account means a TowerDesk account, tenancy, portal, workspace, dashboard, database, or system environment created for a Customer.
Customer, you, or your means the person, company, business, owners corporation, body corporate, strata committee, managing agent, building manager, or organisation that subscribes to or uses TowerDesk.
Customer Data means any information, data, records, documents, files, communications, correspondence, reports, notices, minutes, lot owner details, resident details, tenant details, contractor details, building records, financial records, compliance records, uploaded material, generated material, or other content entered, uploaded, stored, processed, transmitted, generated, or managed through TowerDesk.
Fees means subscription fees, renewal fees, setup fees, onboarding fees, usage fees, support fees, SMS fees, email fees, storage fees, development fees, or any other amounts payable to TowerDesk.
Platform means the TowerDesk software, website, application, dashboard, modules, portals, databases, cloud infrastructure, workflows, automations, reports, templates, tools, APIs, integrations, user interfaces, and related services.
Subscription Term means the yearly subscription period or other subscription period agreed in writing.
TowerDesk, we, us, or our means TowerDesk (ABN 89 719 330 602).
Users means employees, contractors, strata managers, committee members, building managers, lot owners, residents, tenants, suppliers, contractors, or any other person who accesses the Platform through the Customer's Account.
TowerDesk is a cloud-based strata management software platform.
TowerDesk provides tools for managing strata-related information, communication, workflows, reporting, documentation, and administrative processes.
TowerDesk is a software platform only. It does not provide legal, financial, accounting, insurance, compliance, tax, building, engineering, strata management, or professional advice.
The Customer remains responsible for all decisions, communications, notices, records, documents, actions, omissions, approvals, legal compliance, and business processes performed using the Platform.
Subject to payment of all Fees and compliance with these Terms, TowerDesk grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform during the Subscription Term.
This licence is for the Customer's internal business purposes only.
The Customer does not purchase or own the software. TowerDesk is provided as a hosted cloud-based subscription service only.
No software ownership, source code, intellectual property rights, database rights, design rights, or proprietary rights are transferred to the Customer.
TowerDesk may only be accessed through TowerDesk's authorised cloud-hosted system. The Customer must not:
TowerDesk is supplied on a yearly subscription basis unless otherwise agreed in writing.
The Subscription Term starts on the date stated in the invoice, order form, proposal, renewal notice, or written agreement.
The Customer must pay all Fees by the due date.
Unless otherwise agreed in writing, subscription renewal is due annually.
TowerDesk may change Fees for future Subscription Terms by giving notice before renewal.
The Customer must pay all invoices by the stated due date.
All Fees are payable in Australian dollars unless otherwise stated.
All Fees are exclusive of GST. TowerDesk adds GST (currently 10%) on top of all Fees. The GST-inclusive amount is shown at checkout and itemised on each tax invoice.
The Customer is responsible for all bank fees, payment processor fees, chargeback fees, failed payment fees, and collection costs associated with unpaid Fees.
Fees are non-refundable except where required by law or expressly agreed in writing by TowerDesk.
If payment is not received by the due date, TowerDesk may issue one or more payment reminders.
If payment remains unpaid for 30 days after the due date, TowerDesk may, without liability to the Customer:
If payment remains unpaid for 30 days after the due date, TowerDesk may also delete, archive, disable, destroy, de-identify, or permanently remove the Account, Customer Data, documents, records, files, user profiles, communications, uploaded material, generated material, and related information.
The Customer is solely responsible for exporting, downloading, preserving, or requesting a copy of required Customer Data before the subscription is suspended, cancelled, terminated, expired, or deleted.
To the maximum extent permitted by law, TowerDesk is not liable for any loss, deletion, destruction, corruption, non-recovery, or unavailability of Customer Data resulting from non-payment, expired subscription, cancelled subscription, account closure, or failure by the Customer to export or preserve its records.
The Customer is responsible for:
TowerDesk is not responsible for errors, omissions, disputes, claims, losses, or compliance failures caused by incorrect Customer Data, incorrect configuration, misuse, user error, unauthorised access, or failure by the Customer to review information before relying on it.
The Customer is responsible for all activity that occurs through its Account.
The Customer must ensure that each User has their own login credentials.
The Customer must not share passwords or allow unauthorised access.
The Customer must immediately notify TowerDesk if it suspects:
TowerDesk may suspend or disable access if it reasonably suspects unauthorised access, misuse, credential compromise, cyber risk, legal risk, or security risk.
The Customer retains ownership of Customer Data.
The Customer grants TowerDesk a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, back up, copy, analyse, modify, format, and use Customer Data as reasonably necessary to:
TowerDesk may use aggregated, anonymised, or de-identified data for analytics, security, reporting, benchmarking, product improvement, and business purposes, provided it does not identify the Customer or any individual.
The Customer acknowledges that TowerDesk may process personal information, including names, addresses, phone numbers, email addresses, lot details, resident details, tenant details, contractor details, committee details, correspondence, and other strata-related information.
The Customer is responsible for ensuring that all personal information uploaded to TowerDesk has been collected, used, disclosed, and provided to TowerDesk lawfully.
The Customer must ensure that it has all necessary consents, notices, permissions, and legal rights to use TowerDesk for storing and processing personal information.
TowerDesk will handle personal information in accordance with its Privacy Policy and applicable Australian privacy laws where they apply.
If the Privacy Act 1988 (Cth) applies to an organisation, the Notifiable Data Breaches scheme may require notification to affected individuals and the OAIC where a personal information data breach is likely to result in serious harm.
The Customer must not upload sensitive information unless it is lawful, necessary, authorised, and appropriate.
TowerDesk will use commercially reasonable security measures designed to protect the Platform and Customer Data.
However, the Customer acknowledges that no software, cloud platform, data centre, server, network, internet connection, email system, SMS system, API, integration, device, or security process can be guaranteed to be completely secure, uninterrupted, or immune from unauthorised access.
To the maximum extent permitted by law, TowerDesk is not liable for any loss, damage, claim, cost, expense, business interruption, reputational harm, regulatory issue, or other liability arising from or connected with:
This limitation applies even where Customer Data is accessed, released, disclosed, altered, corrupted, deleted, stolen, encrypted, copied, published, or made unavailable, except to the extent liability cannot be excluded under law.
TowerDesk's obligation in the event of a suspected or confirmed data breach is limited to taking reasonable steps to investigate, contain, mitigate, and notify where required by applicable law.
If TowerDesk becomes aware of a suspected or confirmed data breach affecting Customer Data, TowerDesk will take reasonable steps to assess the incident.
Where required by applicable law, TowerDesk will notify affected parties, regulators, or the Customer.
TowerDesk is not responsible for data breach notification failures caused by:
Nothing in these Terms limits any mandatory legal obligation that TowerDesk cannot exclude.
TowerDesk performs system backups approximately once per day.
Backups are intended for operational continuity and disaster recovery. They are not a substitute for the Customer maintaining its own copies of important records.
The Customer acknowledges that if a system issue, hosting issue, database issue, software issue, data corruption issue, cyber incident, sitewide incident, data centre incident, or other major event occurs, any Customer Data entered, uploaded, amended, deleted, generated, processed, or changed after the most recent successful backup and before the next scheduled backup may be permanently lost and may not be recoverable.
TowerDesk does not guarantee that every backup will be successful, complete, current, available, restorable, or free from corruption.
TowerDesk does not guarantee that recovery can occur within any particular timeframe.
To the maximum extent permitted by law, TowerDesk is not liable for any loss, corruption, deletion, non-recovery, or unavailability of Customer Data, including Customer Data lost between backup cycles.
The Customer is responsible for keeping independent copies of critical records, including:
The Customer must not rely on TowerDesk as the sole repository for information that the Customer is legally required to keep.
TowerDesk relies on third-party hosting, cloud infrastructure, data centres, internet providers, domain providers, email providers, SMS providers, software providers, payment providers, and other suppliers.
TowerDesk is not liable for failure, delay, outage, interruption, loss of access, loss of Customer Data, corruption of Customer Data, or inability to recover Customer Data caused by events outside TowerDesk's reasonable control, including:
TowerDesk will use reasonable efforts to restore the Platform where commercially and technically possible. However, TowerDesk does not guarantee that all systems, services, accounts, files, documents, records, settings, or Customer Data can be restored.
TowerDesk will use commercially reasonable efforts to keep the Platform available.
TowerDesk does not guarantee uninterrupted, error-free, secure, or continuous access.
The Platform may be unavailable because of:
To the maximum extent permitted by law, TowerDesk is not liable for downtime, interruption, delay, system failure, reduced functionality, or inability to access the Platform.
TowerDesk may use or integrate with third-party providers, including providers of:
TowerDesk is not responsible for third-party service failures, outages, security incidents, data loss, data disclosure, pricing changes, errors, delays, or discontinued services.
The Customer may be required to comply with third-party terms when using integrated services.
TowerDesk owns all intellectual property rights in the Platform.
This includes:
The Customer must not copy, reproduce, modify, adapt, translate, resell, sublicense, distribute, commercialise, scrape, mirror, frame, reverse engineer, decompile, disassemble, or attempt to discover the source code, structure, design, database schema, system logic, or underlying ideas of TowerDesk.
The Customer must not use TowerDesk to build, fund, specify, develop, improve, operate, or support a competing or similar software product, platform, system, application, portal, website, or service.
The Customer must not:
This clause survives termination, cancellation, expiry, and account closure.
The Customer must keep TowerDesk's confidential information confidential.
TowerDesk's confidential information includes:
The Customer must not disclose TowerDesk's confidential information except as required by law or with TowerDesk's written consent.
The Customer must not use TowerDesk to:
TowerDesk may suspend or terminate access immediately if it reasonably suspects breach of this clause.
The Customer warrants that:
TowerDesk may generate, store, or assist with notices, communications, workflows, reports, records, templates, summaries, financial information, compliance information, or administrative material.
The Customer acknowledges that TowerDesk does not provide legal, accounting, tax, financial, insurance, building, engineering, strata, compliance, or professional advice.
The Customer must obtain professional advice where required.
TowerDesk is not responsible for decisions made by the Customer based on information stored in, generated by, or processed through the Platform.
TowerDesk does not guarantee that use of the Platform will ensure compliance with:
The Customer remains solely responsible for compliance.
To the maximum extent permitted by law, the Customer indemnifies TowerDesk, its directors, officers, employees, contractors, suppliers, service providers, agents, and related entities against any claim, loss, damage, liability, cost, expense, proceeding, fine, penalty, investigation, demand, or legal cost arising from or connected with:
This indemnity is reduced to the extent the loss is caused by TowerDesk's proven fraud, wilful misconduct, or gross negligence.
To the maximum extent permitted by law, TowerDesk excludes liability for:
To the maximum extent permitted by law, TowerDesk's total aggregate liability for all claims arising out of or relating to the Platform, Customer Data, cyber incidents, data loss, data breach, downtime, or these Terms is limited to the Fees paid by the Customer to TowerDesk in the 12 months immediately before the event giving rise to the claim.
If the Customer has not paid any Fees in the 12 months before the event, TowerDesk's total aggregate liability is limited to AUD $100.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, warranty, or protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
Where permitted by law, TowerDesk's liability for breach of any non-excludable guarantee is limited, at TowerDesk's option, to:
If any clause in these Terms is found to be unfair, void, unenforceable, or unlawful, that clause will be read down to the minimum extent necessary or severed, and the remaining clauses will continue to operate.
The parties intend that these Terms operate only to the maximum extent permitted by law.
TowerDesk may suspend, restrict, or terminate access immediately if:
On termination, cancellation, expiry, suspension, or account closure:
Before termination, expiry, non-payment cancellation, or account closure, the Customer should export or request export of Customer Data.
TowerDesk may, at its discretion, provide reasonable export assistance subject to:
TowerDesk is not required to provide export assistance after Customer Data has been deleted, destroyed, corrupted, overwritten, archived, or made unavailable.
TowerDesk may update, improve, modify, remove, suspend, replace, or discontinue any feature, module, report, template, workflow, automation, integration, or part of the Platform.
TowerDesk is not required to maintain any specific feature indefinitely unless agreed in a signed written agreement.
TowerDesk may update these Terms from time to time.
TowerDesk may provide notice by email, in-platform notice, invoice notice, website update, login notice, or other reasonable method.
Continued use of TowerDesk after updated Terms take effect means the Customer accepts the updated Terms.
If the Customer provides ideas, feedback, requests, suggestions, designs, workflows, feature requests, or improvement recommendations, TowerDesk may use them without restriction, attribution, or payment.
The Customer assigns to TowerDesk all rights in such feedback to the extent necessary for TowerDesk to use, develop, commercialise, or incorporate it into the Platform.
TowerDesk may identify the Customer as a TowerDesk customer in marketing material, websites, presentations, proposals, or case studies unless the Customer requests otherwise in writing.
TowerDesk must not disclose confidential Customer Data in doing so.
TowerDesk may send notices to the Customer by email, in-platform message, invoice note, website notice, SMS, or other contact details provided by the Customer.
The Customer is responsible for keeping contact, billing, and administrator details up to date.
A notice is deemed received when sent unless TowerDesk receives a delivery failure notice.
The Customer must not assign, transfer, sublicense, novate, or deal with its rights or obligations under these Terms without TowerDesk's prior written consent.
TowerDesk may assign, transfer, subcontract, or novate its rights or obligations as part of a business sale, restructure, merger, acquisition, asset sale, change of control, or transfer of the Platform.
TowerDesk is not liable for delay, failure, outage, interruption, data loss, or non-performance caused by events outside its reasonable control.
This includes natural disasters, fire, flood, storm, explosion, war, terrorism, civil unrest, pandemic, government action, regulatory action, court order, power failure, internet failure, telecommunications failure, hosting failure, data centre failure, supplier failure, cyber attack, ransomware, malware, denial-of-service attack, industrial action, or other events outside TowerDesk's reasonable control.
Before commencing court proceedings, a party must give written notice of the dispute to the other party.
The parties must attempt to resolve the dispute in good faith for at least 14 days after notice is given.
This does not prevent TowerDesk from taking urgent action for:
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts of Australia.
If any clause is invalid, void, unlawful, or unenforceable, that clause will be read down or severed to the extent necessary.
The remaining clauses continue to apply.
These Terms, together with any order form, invoice, proposal, subscription agreement, privacy policy, data policy, or written agreement accepted by TowerDesk, form the entire agreement between the parties regarding the Platform.
If there is inconsistency between these Terms and a signed written agreement, the signed written agreement prevails to the extent of the inconsistency.
I confirm that I am authorised to use TowerDesk on behalf of my organisation and agree to the TowerDesk Terms and Conditions and Privacy Policy. I acknowledge that TowerDesk is cloud-based subscription software, TowerDesk owns the software and intellectual property, and my organisation is responsible for user access, data accuracy, independent record keeping, and payment of renewal fees.
TowerDesk is proprietary cloud-based software owned by TowerDesk. Access is provided under licence only. Unauthorised copying, reverse engineering, scraping, replication, benchmarking for competitive purposes, or use to develop competing software is strictly prohibited.
TowerDesk performs system backups approximately once per day. If a system-wide issue, hosting failure, cyber incident, data centre incident, or disaster occurs, changes made after the most recent successful backup may be lost and may not be recoverable. Customers should keep independent copies of critical statutory, financial, compliance, and business records.
While TowerDesk uses commercially reasonable security measures, no cloud-based system can be guaranteed to be completely secure. In the event of unauthorised access, cyber attack, data breach, accidental disclosure, or loss of personal information, TowerDesk will take reasonable steps to investigate, contain, mitigate, and notify affected parties where required by applicable law.
