AusVanta Terms and Conditions
Terms of Service for AusVanta NDIS Provider Management Platform
Effective Date: 2 July 2026
Last Updated: 2 July 2026
Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and AusVanta Pty Ltd (ABN: 53691933632) ("AusVanta", "we", "us", "our") governing your access to and use of the AusVanta NDIS Provider Management Platform ("Platform").
By accessing or using the Platform, you agree to be bound by these Terms. If you are entering into this agreement on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
If you do not agree to these Terms, you must not access or use the Platform.
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1. Definitions
In these Terms, unless the context requires otherwise:
"Account" means a Customer's account providing access to the Platform.
"Admin User" means a user designated by the Customer with administrative privileges for the Customer's Tenant.
"Authorised Users" means individuals authorised by the Customer to access and use the Platform under the Customer's Account, including staff, contractors, and agents.
"Confidential Information" means information that is confidential or proprietary to a party, including personal information, business information, trade secrets, and technical information.
"Customer Data" means all data, content, and information uploaded, stored, or processed through the Platform by or on behalf of the Customer, including participant records, staff information, shift data, and billing information.
"Documentation" means user guides, technical specifications, API documentation, and other materials provided by AusVanta relating to the Platform.
"Fees" means the fees payable by the Customer for the Services as set out in the Order Form or otherwise agreed in writing.
"Intellectual Property Rights" means all rights in and to patents, copyright, trademarks, trade names, designs, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered.
"NDIS" means the National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013 (Cth).
"Order Form" means the order form, quotation, or other document setting out the Services to be provided, Fees, and other commercial terms.
"Participant" means an NDIS participant whose information is stored or processed through the Platform.
"Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
"Platform" means the AusVanta NDIS Provider Management Platform, including all software, applications, interfaces, and systems.
"Privacy Laws" means the Privacy Act 1988 (Cth), Australian Privacy Principles, NDIS Act 2013, and all other applicable privacy and data protection laws.
"Services" means the Platform services and any related support, training, and professional services provided by AusVanta.
"Service Level Agreement" or "SLA" means the service level commitments set out in Schedule A.
"Subscription Term" means the Initial Term and any Renewal Terms.
"Tenant" means the Customer's isolated environment within the Platform containing all Customer Data and configurations.
"Third-Party Applications" means third-party software applications that integrate with the Platform, including Xero and MYOB.
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2. Provision of Services
2.1 Grant of Access
Subject to these Terms and payment of Fees, AusVanta grants the Customer a non-exclusive, non-transferable, revocable licence to:
(a) Access and use the Platform for internal business purposes during the Subscription Term;
(b) Permit Authorised Users to access and use the Platform in accordance with these Terms; and
(c) Use the Documentation in connection with the Platform.
2.2 Tenant Setup
Upon acceptance of an Order Form, AusVanta will:
(a) Create a Tenant for the Customer;
(b) Provide initial Admin User credentials; and
(c) Provide reasonable assistance with initial configuration.
2.3 User Management
The Customer is responsible for:
(a) Creating and managing Authorised User accounts within the Tenant;
(b) Assigning appropriate roles and permissions to Authorised Users;
(c) Ensuring Authorised Users comply with these Terms; and
(d) Promptly removing access for any individual who ceases to be authorised.
2.4 Service Restrictions
The Customer must not:
(a) Use the Platform for any unlawful purpose;
(b) Reverse engineer, decompile, or disassemble the Platform (except as permitted by law);
(c) Rent, lease, lend, sell, sublicense, or otherwise distribute the Platform to third parties;
(d) Modify, adapt, or create derivative works of the Platform;
(e) Use the Platform to store or process data other than for its intended purpose;
(f) Interfere with or disrupt the integrity or performance of the Platform;
(g) Attempt to gain unauthorised access to any portion of the Platform;
(h) Access or use another Customer's data or Tenant; or
(i) Use the Platform in violation of any applicable laws or regulations.
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3. Customer Data
3.1 Ownership of Customer Data
The Customer retains all ownership rights in and to Customer Data. AusVanta does not acquire any ownership rights in Customer Data.
3.2 Customer Responsibilities
The Customer is responsible for:
(a) The accuracy, quality, and legality of Customer Data;
(b) Obtaining all necessary consents and authorisations to upload Participant information to the Platform;
(c) Ensuring Customer Data does not infringe any third-party Intellectual Property Rights;
(d) Maintaining appropriate backups of Customer Data outside the Platform;
(e) Complying with all applicable laws in relation to Customer Data, including Privacy Laws and NDIS requirements; and
(f) Ensuring Authorised Users maintain the confidentiality of login credentials.
3.3 Data Processing
AusVanta will process Customer Data only:
(a) In accordance with the Customer's instructions as given through the Platform;
(b) For the purposes of providing the Services;
(c) As required by law; or
(d) As otherwise authorised by the Customer.
3.4 Data Security
AusVanta will implement and maintain appropriate technical and organisational security measures to protect Customer Data from unauthorised access, disclosure, alteration, or destruction, as detailed in the Data Processing Agreement.
3.5 Data Retention and Deletion
Upon termination of the Subscription Term:
(a) AusVanta will provide the Customer with an opportunity to export Customer Data within 30 days;
(b) After 30 days, AusVanta will delete Customer Data from production systems; and
(c) Archived copies may be retained for compliance or legal purposes for up to 90 days before secure deletion.
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4. Privacy and Data Protection
4.1 Compliance with Privacy Laws
Both parties agree to comply with all applicable Privacy Laws, including:
Privacy Act 1988 (Cth) and Australian Privacy Principles
National Disability Insurance Scheme Act 2013 (Cth)
Notifiable Data Breaches scheme
Any applicable state or territory privacy legislation
4.2 Roles of the Parties
The parties acknowledge that:
(a) The Customer is the custodian of Participant information and other personal information uploaded to the Platform;
(b) AusVanta acts as a data processor or service provider in relation to Customer Data;
(c) The Customer is responsible for obtaining necessary consents from Participants and Authorised Users.
4.3 Data Processing Agreement
To the extent AusVanta processes personal information on behalf of the Customer, the Data Processing Agreement (Schedule B) applies.
4.4 Cross-Border Data Transfers
AusVanta may store or process Customer Data in Australia and overseas. By using the Platform, the Customer authorises cross-border transfers in accordance with APP 8.
4.5 Data Breach Notification
AusVanta will notify the Customer within 48 hours of becoming aware of any actual or suspected data breach affecting Customer Data and will cooperate with the Customer in responding to the breach.
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5. Intellectual Property
5.1 Platform Ownership
AusVanta retains all Intellectual Property Rights in and to the Platform, including all software, interfaces, designs, and Documentation. No title or ownership is transferred to the Customer under these Terms.
5.2 Customer Data
The Customer retains all Intellectual Property Rights in and to Customer Data.
5.3 Feedback
If the Customer provides feedback, suggestions, or improvements relating to the Platform, AusVanta may use such feedback without restriction or obligation to the Customer.
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6. Third-Party Applications and Integrations
6.1 Third-Party Integrations
The Platform may integrate with Third-Party Applications such as Xero and MYOB. Use of Third-Party Applications is subject to:
(a) The Customer's own account with the third-party provider;
(b) The third-party provider's terms and conditions; and
(c) The Customer's authorisation for AusVanta to access and exchange data with the third-party provider.
6.2 No Warranty for Third-Party Applications
AusVanta makes no warranty regarding Third-Party Applications and is not liable for any loss or damage arising from the Customer's use of Third-Party Applications.
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7. Fees and Payment
7.1 Fees
The Customer will pay the Fees as set out in the Order Form.
7.2 Payment Terms
(a) Fees are payable in advance, monthly or annually as specified in the Order Form;
(b) Payment is due within 14 days of invoice date;
(c) All amounts are in Australian dollars and exclude GST (unless otherwise stated);
(d) GST will be added to taxable supplies where applicable.
7.3 Fee Changes
AusVanta may adjust Fees:
(a) At the start of a Renewal Term, with 60 days' written notice; or
(b) Where the Customer requests additional services or user seats.
7.4 Overdue Payments
If Fees remain unpaid for more than 30 days after the due date, AusVanta may:
(a) Suspend access to the Platform;
(b) Charge interest on overdue amounts at the rate of 2% per annum above the Reserve Bank of Australia cash rate; and
(c) Recover reasonable costs of collection.
8. Confidentiality
8.1 Confidentiality Obligations
Each party agrees to:
(a) Keep Confidential Information confidential;
(b) Use Confidential Information only for the purposes of these Terms;
(c) Not disclose Confidential Information to third parties without prior written consent; and
(d) Protect Confidential Information using at least the same degree of care used to protect its own confidential information.
8.2 Exceptions
Confidentiality obligations do not apply to information that:
(a) Is or becomes publicly available through no fault of the receiving party;
(b) Was known to the receiving party before disclosure;
(c) Is independently developed by the receiving party;
(d) Is required to be disclosed by law or court order.
9. Warranties and Disclaimers
9.1 Mutual Warranties
Each party warrants that:
(a) It has the legal capacity and authority to enter into these Terms;
(b) It will comply with all applicable laws in performing its obligations.
9.2 AusVanta Warranties
AusVanta warrants that:
(a) The Platform will perform substantially in accordance with the Documentation;
(b) It will provide the Services with reasonable care and skill;
(c) It will not introduce malicious code into Customer Data.
9.3 Customer Warranties
The Customer warrants that:
(a) It has obtained all necessary consents to upload Participant information;
(b) Customer Data does not contain malicious code or illegal content;
(c) It will comply with all applicable NDIS requirements and Privacy Laws.
9.4 Disclaimer
Except as expressly stated in these Terms, all warranties, representations, and conditions are excluded to the maximum extent permitted by law, including any implied warranties of merchantability or fitness for a particular purpose.
AusVanta does not warrant that the Platform will be uninterrupted, error-free, or secure from all threats.
10. Indemnification
10.1 Customer Indemnity
The Customer indemnifies AusVanta against any loss, damage, or expense arising from:
(a) The Customer's breach of these Terms;
(b) The Customer's violation of applicable law;
(c) Infringement of third-party Intellectual Property Rights by Customer Data;
(d) Claims by Participants or Authorised Users relating to Customer Data.
10.2 AusVanta Indemnity
AusVanta indemnifies the Customer against any loss, damage, or expense arising from:
(a) AusVanta's breach of these Terms;
(b) Infringement of third-party Intellectual Property Rights by the Platform;
(c) A data breach caused by AusVanta's failure to meet its security obligations.
10.3 Indemnity Procedure
The indemnifying party must:
(a) Notify the indemnified party promptly of any claim;
(b) Allow the indemnifying party to conduct the defence;
(c) Provide reasonable cooperation and assistance.
11. Limitation of Liability
11.1 Consequential Loss
Neither party is liable to the other for any indirect, special, incidental, punitive, or consequential loss or damage (including loss of profits, revenue, or data) arising out of or in connection with these Terms.
11.2 Cap on Liability
Subject to clause 11.3, each party's total aggregate liability under these Terms is limited to the amount of Fees paid or payable in the 12 months preceding the claim.
11.3 Exceptions
The limitations in clauses 11.1 and 11.2 do not apply to:
(a) Liability for death or personal injury caused by negligence;
(b) Liability for fraud or fraudulent misrepresentation;
(c) Breach of confidentiality obligations;
(d) Breach of Intellectual Property Rights;
(e) Liability that cannot be excluded or limited by law.
12. Term and Termination
12.1 Term
(a) The Initial Term is as specified in the Order Form;
(b) The Subscription Term will automatically renew for successive Renewal Terms of 12 months each, unless either party gives written notice of non-renewal at least 30 days before the end of the current term.
12.2 Termination for Cause
Either party may terminate these Terms immediately by written notice if the other party:
(a) Materially breaches these Terms and fails to remedy the breach within 30 days of written notice;
(b) Becomes insolvent or enters into administration, liquidation, or bankruptcy;
(c) Ceases to carry on business.
12.3 Termination for Convenience
The Customer may terminate these Terms for convenience by providing 60 days' written notice. No refund will be provided for any prepaid Fees for the remainder of the Subscription Term.
12.4 Effects of Termination
Upon termination:
(a) All licences and access rights terminate immediately;
(b) The Customer must cease using the Platform;
(c) AusVanta will provide access to Customer Data for 30 days for export;
(d) Confidential Information must be returned or destroyed;
(e) Clauses that by their nature should survive will continue to apply.
13. Compliance and Regulatory
13.1 NDIS Compliance
The Customer is responsible for ensuring its use of the Platform complies with:
NDIS Practice Standards
NDIS Code of Conduct
NDIS Worker Screening requirements
NDIS Incident Management requirements
13.2 Audit Rights
AusVanta may conduct reasonable audits to verify compliance with these Terms. The Customer will cooperate with such audits.
13.3 Regulatory Requests
AusVanta will cooperate with reasonable requests from the NDIS Quality and Safeguards Commission, Office of the Australian Information Commissioner, or other regulatory bodies, including providing access to records where required by law.
14. General Terms
14.1 Notices
All notices must be in writing and delivered by email, post, or courier to the addresses specified in the Order Form or otherwise notified.
14.2 Assignment
The Customer may not assign these Terms without AusVanta's prior written consent. AusVanta may assign these Terms to an affiliate or successor entity.
14.3 Entire Agreement
These Terms, together with the Order Form, SLA, and Data Processing Agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, and agreements.
14.4 Amendment
AusVanta may amend these Terms by giving 30 days' written notice. Continued use of the Platform after the effective date of changes constitutes acceptance of the amended Terms.
14.5 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
14.6 Waiver
No failure or delay in exercising a right constitutes a waiver of that right.
14.7 Governing Law
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.
Schedules
Schedule A: Service Level Agreement
Platform Availability: AusVanta commits to 99.5% Platform availability, calculated monthly.
Maintenance Windows: Scheduled maintenance will be conducted during low-usage periods (typically Sunday 2:00-4:00 AM AEST) with 48 hours' advance notice where possible.
Support Response Times:
Priority Description Response Target
Critical Platform unavailable or data breach 2 hours
High Major feature non-functional 4 hours
Medium Feature issue with workaround 24 hours
Low General enquiry or minor issue 48 hours
Service Credits: If availability falls below 99.5% in any month, the Customer may be entitled to a service credit of up to 10% of the monthly Fees.
Schedule B: Data Processing Agreement
Incorporated by reference, see separate Data Processing Agreement document.
Schedule C: Acceptable Use Policy
Incorporated by reference, see separate Acceptable Use Policy document.
Contact Information
AusVanta Pty Ltd
ABN: (53691933632)
Registered Office:
Suite 17, 89-97 Jones Street, Ultimo, NSW 2007
Legal Enquiries:
Email: legal@ausvanta.com.au
Document Control
Version Date Author Changes
1.0 2 July 2026 AusVanta Legal & Compliance Initial release
These Terms and Conditions are governed by the laws of New South Wales, Australia.