Terms & Conditions

Last updated: 4 February 2026

These Terms & Conditions ("Terms") apply to (1) your use of the DataMust website and (2) services provided by DataMust, unless a separate written agreement applies.

By accessing our website, requesting services, signing a Statement of Work ("SOW"), or using any subscription service, you agree to these Terms.

1. About DataMust

DataMust (ABN 24 201 911 883) provides managed data services, including DataHub as a Service ("DHaaS"), data engineering, analytics engineering, Power BI development, and Microsoft Fabric platform implementation and operations.

2. Definitions

Client / you means the person or organisation receiving services from DataMust.
Services means any professional services and/or managed services provided by DataMust.
Deliverables means the work products described in an SOW (e.g., pipelines, models, reports, documentation).
Subscription Services means ongoing DHaaS platform subscription and related managed services.
Client Data means data, content, and information you provide or make accessible to DataMust.
Background IP means pre-existing intellectual property owned or developed by a party prior to the engagement.

3. Ordering & contract structure

Services may be provided under:

an SOW (and/or Order Form), and/or
a Managed Services Agreement ("MSA"), and/or
these Terms.

If there is any inconsistency, the following order of precedence applies unless otherwise stated:

MSA → SOW/Order Form → these Terms.

4. Scope, variations, and change control

Your SOW defines the scope, timeline, and pricing. Any work outside that scope (including additional sources, new dashboards, major model changes, new use cases, or complex reconciliations) will be handled via a change request and may impact timeline and pricing.

5. Fees, invoicing & payment

Unless otherwise stated in an SOW/Order Form:

Fixed fee work is invoiced according to the milestones set out in the SOW (commonly 50% upfront and 50% at Go-Live/Delivery).
Subscription Services are invoiced monthly (typically in arrears unless agreed otherwise).
Time & Materials (T&M) work is billed per the applicable rate card and invoiced monthly.
Payment terms are 14 days from invoice date.
If invoices are overdue, DataMust may suspend Services (after reasonable notice) and timelines may be affected.

6. Subscription term, renewal & termination

Unless otherwise stated in an Order Form/SOW:

Subscription Services have an initial minimum term of 12 months.
After the initial term, subscriptions may renew for a further period as specified in your Order Form/SOW (or continue month-to-month if stated).
If you terminate Subscription Services for convenience during the minimum term, you agree to pay the remaining monthly fees for the balance of the term (as a genuine pre-estimate of costs and resourcing commitments), unless otherwise agreed.

Either party may terminate immediately by written notice if the other party commits a material breach and fails to remedy it within a reasonable timeframe (where remedy is possible).

7. Client responsibilities

You agree to:

provide timely access to systems, people, and information required to deliver Services
ensure you have all necessary rights to provide Client Data and grant DataMust access
maintain appropriate internal approvals for sharing data and granting permissions
nominate appropriate stakeholders for validation, UAT, and sign-off
maintain your own Microsoft licensing and cloud subscriptions where required (unless otherwise agreed).

Delays caused by missing access, approvals, or stakeholder availability may impact delivery timelines and may require a change request.

8. Third-party services

Our Services may depend on third-party platforms (including Microsoft services and your source systems). DataMust is not responsible for outages, vendor changes, API limitations, throttling, or failures caused by third-party services beyond our control.

9. Intellectual property

9.1 Client Data

All Client Data remains your property (or the property of your licensors).

9.2 DataMust Background IP

DataMust retains ownership of its Background IP, including frameworks, templates, accelerators, scripts, patterns, methodologies, and reusable components developed independently of your Client Data.

9.3 Deliverables licence

Upon full payment of all fees due, DataMust grants you a non-exclusive, non-transferable licence to use the Deliverables within your organisation for internal business purposes, unless otherwise stated in an SOW/MSA.

9.4 Reuse of general learnings

DataMust may reuse general know-how and non-identifiable implementation learnings across clients, provided we do not disclose your Confidential Information.

10. Confidentiality

Each party must keep the other party's confidential information confidential and must not disclose it to any third party except:

to its personnel and contractors on a need-to-know basis (who are bound by confidentiality obligations), or
where required by law.

This obligation survives termination.

11. Privacy & security

We will handle personal information in accordance with applicable privacy laws and our Privacy Policy (where published). You remain responsible for determining whether Client Data includes personal information and for ensuring appropriate consents and lawful basis for processing.

Security responsibilities (including access controls, tenant configuration, and licensing) are shared and may be further defined in an MSA/SOW.

12. Consumer guarantees (Australia)

Nothing in these Terms excludes, restricts, or modifies rights that cannot be excluded under the Australian Consumer Law, including statutory consumer guarantees that may apply to certain services (including in some business-to-business circumstances). Learn more (ACCC)

13. Warranties & disclaimers

To the maximum extent permitted by law:

DataMust warrants that it will provide Services with due care and skill.
DataMust does not warrant that Deliverables will be error-free or that third-party systems will be uninterrupted or defect-free.
Any estimates, projections, or outcomes are indicative only unless expressly guaranteed in writing.

14. Limitation of liability

To the maximum extent permitted by law:

DataMust is not liable for indirect, special, incidental, or consequential loss (including loss of profit, revenue, opportunity, goodwill, or anticipated savings).
DataMust's total aggregate liability arising out of or in connection with the Services is capped at the fees paid by you to DataMust in the 3 months preceding the event giving rise to the claim (or another cap specified in an SOW/MSA).
The cap does not apply to liability that cannot be limited by law.

15. Indemnity

You indemnify DataMust against claims arising from:

your breach of these Terms
your misuse of Deliverables
Client Data you provide that infringes third-party rights or is provided without proper authority.

16. Force majeure

Neither party is liable for failure to perform where the failure is due to events beyond reasonable control (e.g., outages, natural disasters, acts of government, vendor-wide incidents), provided the affected party uses reasonable efforts to resume performance.

17. Disputes

If a dispute arises, the parties will attempt to resolve it in good faith via escalation to senior representatives before commencing legal proceedings (except for urgent injunctive relief).

18. Governing law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.

19. Updates to these Terms

We may update these Terms from time to time by publishing a new version on our website. Updated Terms apply from the "Last updated" date, except where you are already under an executed SOW/MSA, in which case that agreement governs for its term.

20. Contact

Questions about these Terms can be sent to DataMust via our website contact channels.