Delegate HQ — Terms of Service
Version: 1.0 Effective date: 16 September 2026 Last updated: 16 September 2026
1. About Delegate HQ
Delegate HQ is a software-as-a-service platform supplied by Delegation HQ, ABN 56 321 616 581 ("Delegation HQ", "we", "us" or "our").
These Terms govern access to and use of Delegate HQ and related services.
By creating an account, starting a trial, purchasing a subscription, accepting an Order Form or otherwise agreeing to these Terms, the Customer agrees to be bound by them.
2. Definitions
Authorised User means a person whom the Customer authorises to access Delegate HQ under its account.
Customer means the individual or entity acquiring, trialling or using Delegate HQ.
Customer Data means information, documents, records, content and other data submitted to, stored in or processed through Delegate HQ by or on behalf of the Customer or its Authorised Users.
Delegate HQ means the Delegate HQ software service and associated functionality supplied by Delegation HQ.
Order Form means an order, proposal, quotation or other written agreement expressly accepted by Delegation HQ that specifies commercial or service terms for a Customer.
Subscription Period means the period for which the Customer has paid or is entitled to use Delegate HQ.
3. Eligibility, acceptance and authority
A person entering into a subscription in their own name must be at least 18 years old and legally capable of entering into a binding agreement.
If a person accepts these Terms on behalf of an organisation, that person represents that they have authority to bind the organisation.
An organisation may permit appropriately authorised users under 18 to use Delegate HQ where lawful and appropriately supervised, but the organisation remains responsible for those users.
4. Right to use Delegate HQ
Subject to these Terms and payment of applicable fees, Delegation HQ grants the Customer a limited, non-exclusive, non-transferable right to access and use Delegate HQ during the applicable trial or Subscription Period.
The Customer does not acquire ownership of Delegate HQ or its underlying software.
5. Accounts and Authorised Users
The Customer is responsible for:
- determining who may be an Authorised User;
- assigning appropriate roles and permissions;
- keeping account information current;
- ensuring credentials are not shared between individuals;
- protecting account credentials; and
- actions taken through its accounts by its Authorised Users.
The Customer must promptly notify Delegation HQ if it knows or reasonably suspects that credentials have been compromised or unauthorised access has occurred.
6. Free trial
Delegation HQ may provide a 30-day free trial.
A Customer may request an extension. Any extension is entirely at Delegation HQ's discretion and is not guaranteed.
Unless expressly disclosed otherwise before the Customer starts a trial, a free trial will not automatically convert into a paid subscription or result in a charge without the Customer taking action to subscribe.
Delegation HQ may reasonably limit or withdraw trial access where necessary to prevent abuse.
7. Subscriptions and fees
Unless another price is expressly agreed in writing, the standard Delegate HQ subscription is:
- A$100 per month, GST inclusive; or
- A$1,080 per year, GST inclusive.
The subscription includes the functionality made available as part of the current Delegate HQ plan.
Statements that Delegate HQ includes "all features" refer to features included in the current Delegate HQ subscription and do not create an entitlement to every future product, service, integration or separately offered product.
8. Payment and purchase orders
Delegation HQ may accept payment by supported electronic payment methods or, where approved, invoice or purchase order arrangements.
Unless otherwise agreed, approved invoices are payable within 14 days.
A purchase order or other Customer document does not amend these Terms merely because it contains additional or inconsistent terms. Different terms apply only where expressly agreed by Delegation HQ in writing.
A separately signed agreement or Order Form may modify these Terms to the extent expressly stated.
9. Automatic renewal
Paid subscriptions automatically renew for successive periods corresponding to the Customer's selected billing cycle unless cancelled before renewal.
Applicable subscription fees will be charged or invoiced using the agreed payment method.
10. Cancellation and refunds
The Customer may cancel at any time.
Cancellation takes effect at the end of the current paid Subscription Period, and access continues until then unless the account is suspended or terminated under these Terms.
Fees already paid are not refundable merely because the Customer chooses to cancel partway through a Subscription Period.
This section does not exclude any refund, remedy or other right that cannot lawfully be excluded.
11. Price changes
Delegation HQ may change subscription pricing prospectively.
For existing paid Customers, Delegation HQ will ordinarily provide at least 30 days' notice before an increase takes effect.
A price increase will not retrospectively alter a Subscription Period already paid for.
The Customer may cancel before the new price applies.
Taxes, duties or similar charges imposed in jurisdictions outside Australia may be dealt with separately where applicable.
12. Ownership of Customer Data
As between Delegation HQ and the Customer, the Customer retains ownership of Customer Data.
The Customer grants Delegation HQ only the rights reasonably necessary to host, store, process, transmit, back up, secure, maintain and otherwise handle Customer Data for the purpose of providing, supporting and protecting Delegate HQ and complying with law.
13. Customer responsibility for Customer Data
The Customer is responsible for the accuracy, completeness, currency, legality and appropriateness of Customer Data and for having the rights, permissions, notices, consents or other lawful authority necessary to provide and process it through Delegate HQ.
Delegation HQ does not independently verify the factual or legal accuracy of Customer Data.
14. Artificial intelligence and Customer Data
Delegation HQ will not use identifiable Customer Data to train public or general-purpose artificial intelligence models without the Customer's express consent.
Delegation HQ may use appropriately aggregated or de-identified information for legitimate operational purposes such as analysing service performance, capacity, reliability and feature usage and improving Delegate HQ, provided the information is not reasonably capable of identifying the Customer or an individual.
15. Personal information and privacy
Each party must comply with privacy laws applicable to it.
The Customer is responsible for determining whether it has lawful authority to enter personal information into Delegate HQ.
Delegate HQ is not intended to be a general repository for unrelated highly sensitive information such as health records, banking credentials, passwords, tax file numbers, passport information or criminal-history information unless functionality is expressly designed and agreed for that purpose.
Delegation HQ handles personal information in accordance with its Privacy Policy.
16. Confidentiality
Each party must protect confidential information received from the other party and use it only for purposes connected with the relationship between the parties.
Customer Data is Customer Confidential Information.
Confidentiality obligations do not apply to information that:
- is or becomes public other than through breach;
- was lawfully known without restriction;
- is independently developed without use of the confidential information;
- is lawfully obtained from another source without restriction; or
- must be disclosed by law.
Delegation HQ may permit appropriately controlled access to confidential information by personnel and service providers where reasonably necessary to operate, support, maintain, secure or protect Delegate HQ or comply with law.
Nothing in these Terms prevents a government Customer from complying with applicable freedom-of-information, parliamentary, audit, integrity, record-access or other statutory obligations.
17. Australian data hosting
Customer Data for the standard Delegate HQ service is stored in Australia.
Delegation HQ will not intentionally store Customer Data for the standard Delegate HQ service outside Australia.
A Customer may request a dedicated instance of Delegate HQ hosted in another available geographic region. Where Delegation HQ agrees to provide such an instance, the Customer's requested hosting region will be documented in the applicable Order Form or separate agreement, and Customer Data for that dedicated instance may be stored in that agreed region.
Supporting service providers may process limited information outside Australia as described in the Privacy Policy and applicable subprocessor information. This does not alter the Australian storage commitment for Customer Data in the standard Delegate HQ service.
18. Security
Delegation HQ will maintain reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, disclosure, alteration, loss or destruction.
No internet-based system can be guaranteed to be completely secure, and Delegation HQ does not warrant that security incidents or data loss can never occur.
19. Security incidents
Delegation HQ will investigate suspected security incidents promptly and take reasonable steps to contain, assess and remediate them.
Where a security incident materially affects Customer Data, Delegation HQ will notify the affected Customer without undue delay where appropriate or legally required and will reasonably cooperate concerning applicable notification obligations.
A separate agreement may establish more specific incident-response requirements.
20. Backups and recovery
Delegation HQ will maintain reasonable backup and recovery arrangements appropriate to operating Delegate HQ.
Backups are intended for service continuity, disaster recovery and system restoration. They are not a Customer archive, customer-level undo facility or statutory records-retention service.
Delegation HQ does not guarantee that data loss is impossible or that every deleted item can be recovered.
Customers remain responsible for maintaining independent copies or exports where required for legal, archival, governance or business-continuity purposes.
21. Customer deletion
The Customer is responsible for deletion actions performed or confirmed by its Authorised Users.
Recovery of Customer-deleted information is not guaranteed.
Where data loss results from a malfunction of Delegate HQ rather than a Customer action, Delegation HQ's responsibility is determined under these Terms and applicable law.
22. Delegations and legal validity
Delegate HQ is a delegations management and governance information platform.
Delegation HQ does not provide legal advice.
Delegation HQ does not determine or warrant the legal validity, currency, enforceability or legal effect of a delegation, instrument, provision, assignment, appointment, authority, exercise of power or other legal or governance information entered into or managed through Delegate HQ.
Customers remain responsible for verifying legal validity and obtaining legal or other professional advice where appropriate.
23. Records-management disclaimer
Unless expressly agreed otherwise in writing, Delegate HQ is not an electronic document and records management system, archival system, statutory records-retention solution or substitute for systems a Customer is required by law or policy to maintain.
Customers remain responsible for determining and satisfying their own records-management, archival and statutory retention obligations, including whether information maintained in Delegate HQ must also be held elsewhere.
24. Acceptable use
The Customer and its Authorised Users must comply with the Delegate HQ Acceptable Use Policy.
Serious misuse, including attempting to access another Customer's tenant or data, may result in immediate suspension.
25. Intellectual property
Delegation HQ and its licensors retain all rights in Delegate HQ, including its software, source code, database structures, interfaces, designs, documentation, branding and other intellectual property, subject to applicable third-party and open-source rights.
The Customer retains ownership of its pre-existing intellectual property and Customer Data.
No intellectual-property rights are transferred except for the limited rights expressly granted under these Terms.
26. Feedback
If the Customer or an Authorised User voluntarily provides suggestions, ideas or feedback about Delegate HQ, Delegation HQ may use that feedback to develop and improve its products and services without payment or transfer of ownership to the person providing the feedback.
Delegation HQ must not use this provision to circumvent its confidentiality obligations.
27. Third-party services
Delegate HQ may depend upon or interoperate with third-party infrastructure and services.
Those services may be subject to their own terms and privacy practices.
Delegation HQ may reasonably replace or modify third-party services and integrations.
Delegation HQ does not guarantee the uninterrupted availability or unchanged functionality of independent third-party services, but this section does not excuse Delegation HQ from responsibility for its own implementation or obligations under these Terms.
28. Support
Standard product and technical support is included through the support channels Delegation HQ makes available.
Delegation HQ will use reasonable efforts to respond to support requests but does not provide a guaranteed response-time service level unless separately agreed.
Standard support does not include legal advice, interpretation of legislation, approval of instruments or delegations, determination of legal validity, bespoke consulting or customer data-entry services unless separately agreed.
29. Availability and maintenance
Delegation HQ will use reasonable efforts to provide a reliable and available service.
The standard subscription does not include a contractual percentage uptime guarantee.
Access may be affected by planned or emergency maintenance, faults, internet or telecommunications failures, third-party service failures, security events or circumstances beyond Delegation HQ's reasonable control.
Specific service levels may be agreed separately.
30. Changes to Delegate HQ
Delegation HQ may update, modify, enhance or replace Delegate HQ over time.
Routine interface changes, bug fixes, security updates and improvements may occur without advance notice.
Where practicable, Delegation HQ will provide reasonable notice before materially removing or substantially reducing significant existing functionality.
Urgent changes required for security, legal or operational reasons may be made immediately.
31. Suspension
For an ordinary material breach, Delegation HQ will ordinarily notify the Customer and provide a reasonable opportunity to remedy the breach before suspending access.
Delegation HQ may suspend access immediately where reasonably necessary to address an urgent security risk, suspected unlawful or fraudulent activity, material risk to other customers or the service, serious Acceptable Use Policy violations, or legal requirements.
Where practicable, Delegation HQ will notify the Customer promptly of such suspension.
32. Non-payment
Where payment is overdue, Delegation HQ will ordinarily provide a 14-day grace period before suspending access for non-payment.
Suspension does not waive amounts properly owing.
33. Termination by Delegation HQ
Delegation HQ may terminate a subscription for an unremedied material breach following reasonable notice, or where continued provision of the service would be unlawful.
If Delegation HQ permanently discontinues Delegate HQ for reasons unrelated to Customer breach, Delegation HQ will provide reasonable advance notice where practicable and refund prepaid subscription fees attributable to the period after the service ends.
34. Consequences of ending a subscription
After a subscription ends, Delegation HQ may disable access to the account.
Customer Data will ordinarily be retained for up to 90 days to allow reasonable opportunity for reactivation or export.
After that period, Customer Data may be deleted from active systems.
Residual copies may remain temporarily in backups until they expire through normal backup rotation. Delegation HQ is not required to restore a backup solely to remove an individual item.
Information may be retained for longer where required by law or reasonably necessary to establish, exercise or defend legal rights.
35. Australian Consumer Law and statutory rights
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including rights that may arise under the Australian Consumer Law.
Where permitted by law, Delegation HQ's liability for failure to comply with a guarantee that may lawfully be limited is limited, at Delegation HQ's option, to supplying the services again or paying the cost of having the services supplied again.
36. Warranties and disclaimers
Subject to rights that cannot lawfully be excluded, Delegate HQ is provided on an "as available" basis.
Delegation HQ does not warrant that Delegate HQ will be uninterrupted, error-free or suitable for every Customer's particular legal, regulatory, governance or records-management requirements.
The Customer is responsible for determining whether Delegate HQ is suitable for its requirements.
37. Liability
To the maximum extent permitted by law, Delegation HQ is not liable for indirect or consequential loss, loss of profit, revenue, opportunity or anticipated savings arising from or connected with Delegate HQ.
To the maximum extent permitted by law, Delegation HQ's aggregate liability arising out of or relating to the service or these Terms is limited to the fees paid or payable by the Customer for Delegate HQ during the 12 months immediately preceding the event giving rise to the claim.
If the Customer has subscribed for less than 12 months, the cap is the fees paid or payable during that shorter period.
Nothing in this section limits liability to the extent it cannot lawfully be excluded or limited.
A separately negotiated agreement may establish different liability arrangements.
38. Customer indemnity
To the extent permitted by law, the Customer indemnifies Delegation HQ against third-party claims, losses and reasonable costs arising directly from:
- the Customer's unlawful use of Delegate HQ;
- Customer Data infringing a third party's rights;
- Customer Data that the Customer had no lawful authority to provide; or
- the Customer's material breach of its obligations concerning Customer Data.
The indemnity does not apply to the extent the relevant claim or loss was caused or contributed to by Delegation HQ's breach, negligence, unlawful conduct or other act or omission for which Delegation HQ is legally responsible.
39. Force majeure
Neither party is responsible for delay or failure caused by events beyond its reasonable control, except that this does not excuse payment obligations already due.
The affected party must take reasonable steps to minimise the effects of the event.
40. Changes to these Terms
Delegation HQ may update these Terms.
Each version will identify its version number, effective date and last-updated date.
Minor administrative changes, clarifications and corrections may take effect when published.
For material changes affecting existing Customers, Delegation HQ will ordinarily provide at least 30 days' advance notice.
Changes required urgently for legal, regulatory or security reasons may take effect sooner.
Where a material change applies to an existing paid subscription, the Customer may cancel before the change takes effect.
An update to these Terms does not override rights or requirements for which applicable law requires separate consent.
41. Customer names and logos
Delegation HQ will not publicly identify a Customer or use a Customer's name, logo or trade mark for marketing merely because the Customer uses Delegate HQ.
Prior permission is required.
Case studies, testimonials and similar public materials require appropriate permission.
42. Assignment
The Customer may not transfer its subscription or rights under these Terms without Delegation HQ's prior written consent, which will not be unreasonably withheld for a legitimate organisational transfer.
Delegation HQ may assign or transfer these Terms in connection with incorporation, restructuring, merger, acquisition or sale of all or substantially all of the relevant business, provided the successor assumes the applicable obligations.
Delegation HQ will provide reasonable notice where appropriate.
43. Insurance
Nothing in these Terms represents that Delegation HQ maintains any particular category or amount of insurance.
Insurance requirements for a particular Customer may be agreed separately.
44. Notices
Operational notices may be provided electronically through Delegate HQ or to the email address associated with the Customer account.
Formal notices to Delegation HQ may be sent to the contact details in section 51.
The Customer is responsible for maintaining current contact information.
45. Dispute resolution
A party claiming that a dispute has arisen should give the other party written notice describing the dispute.
The parties will attempt in good faith to resolve the dispute through negotiation.
If the dispute is not resolved within 30 days after notice, either party may pursue available legal remedies.
Nothing prevents a party from seeking urgent interlocutory or injunctive relief or exercising a statutory right or remedy.
46. Governing law
These Terms are governed by the laws of Victoria, Australia.
Subject to applicable statutory rights, the parties submit to the courts having jurisdiction in Victoria and courts competent to hear appeals from them.
47. Entire agreement and priority
These Terms, the applicable Order Form and documents expressly incorporated into them constitute the agreement concerning the standard Delegate HQ subscription.
Where a separately signed agreement or Order Form expressly states that a provision overrides these Terms, that provision prevails to the extent of the inconsistency.
Customer purchase-order boilerplate does not override these Terms unless expressly accepted by Delegation HQ in writing.
48. Severability
If any provision is invalid or unenforceable, it is to be read down to the extent reasonably possible. If it cannot be read down, it is severed without affecting the remaining provisions.
49. No waiver
A failure or delay in exercising a right does not waive that right.
50. Relationship
Nothing in these Terms creates a partnership, employment, agency, fiduciary or joint-venture relationship between Delegation HQ and the Customer.
51. Contact us
Delegation HQ ABN 56 321 616 581 PO Box 4 Officer VIC 3809 Australia
Legal: legal@delegatehq.com.au Privacy: privacy@delegatehq.com.au Support: support@delegatehq.com.au