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Terms and Conditions

Terms and Conditions for Dux IT Pty Ltd

These terms and conditions ("Agreement") are made between Dux IT Pty Ltd, located in Penrith, NSW, Australia 2750 ("Service Provider", "we", "our", or "us") and you, the customer ("Client", "you", or "your"). By using the services provided by Dux IT Pty Ltd, you agree to the following terms and conditions.

1. Definitions

  • "Services" refers to the IT support, managed IT services, cybersecurity management, telecommunications (including Cloud PABX, desk phone systems, mobile phones, and plans), Microsoft and Google business licensing and management, servers, network infrastructure, and any other services as agreed upon.

  • "Agreement" means these terms and conditions, any applicable service level agreements (SLAs), and any other written agreements between you and Dux IT Pty Ltd.

2. Scope of Services Dux IT Pty Ltd will provide the following services to the Client:

  • IT Support, including troubleshooting, diagnostics, and technical assistance.

  • Managed IT Services, including the provision, management, and maintenance of IT infrastructure.

  • Cybersecurity services, including the maintenance and management of security systems, firewalls, antivirus software, and data protection.

  • Telecommunications services, including Cloud PABX, desk phone systems, mobile phones, and mobile phone plans.

  • Licensing and management of Microsoft and Google business solutions.

  • Provision, installation, and maintenance of servers and network infrastructure.

3. Service Fees and Payment Terms

  • Fees: The Client agrees to pay the Service Provider the agreed-upon fees for the services provided as outlined in the service proposal or contract.

  • Invoices: Invoices will be issued on a regular basis, as agreed upon, and payment must be made within the specified terms (usually 14 days from the invoice date).

  • Late Payments: If payment is not received within the agreed period, Dux IT Pty Ltd reserves the right to suspend services or apply late fees as specified in the service agreement.

  • Taxes: All fees are exclusive of applicable taxes, including GST, which will be added as per Australian tax laws.

4. Client Responsibilities

  • Access to Systems: The Client agrees to provide Dux IT Pty Ltd with reasonable access to their systems, networks, and infrastructure as required for the provision of services.

  • Compliance: The Client is responsible for ensuring that their systems and activities comply with all applicable laws and regulations, including privacy and data protection laws.

  • Data Backup: While Dux IT Pty Ltd will take reasonable precautions to secure Client data, it is the Client's responsibility to ensure that their data is regularly backed up to prevent data loss.

5. Service Availability

  • Standard Business Hours: Dux IT Pty Ltd will provide services during standard business hours (Monday to Friday, 9:00 AM to 5:00 PM, excluding public holidays). After-hours support may be available as per separate agreements.

  • Service Interruptions: Dux IT Pty Ltd will use commercially reasonable efforts to minimize service interruptions but does not guarantee uninterrupted or error-free service. Scheduled maintenance may result in temporary outages, for which the Client will be notified in advance.

6. Term and Termination

  • Term: This Agreement will commence on the date of acceptance by the Client and continue until terminated by either party.

  • Termination by Client: The Client may terminate this Agreement at any time by providing written notice to Dux IT Pty Ltd, subject to any applicable cancellation fees as outlined in the specific service contract.

  • Termination by Dux IT Pty Ltd: Dux IT Pty Ltd may terminate this Agreement with immediate effect if the Client breaches any of the terms and conditions and fails to remedy the breach within a reasonable period.

  • Effects of Termination: Upon termination, the Client will immediately pay any outstanding fees, and Dux IT Pty Ltd will return any Client-owned data or property, subject to any confidentiality obligations.

7. Confidentiality Both parties agree to keep confidential any proprietary or sensitive information that may be shared during the provision of services. This includes, but is not limited to, client data, business strategies, and IT infrastructure details. This obligation will remain in effect even after the termination of this Agreement.

8. Limitation of Liability

  • Exclusion of Indirect Damages: Dux IT Pty Ltd will not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the services, including but not limited to loss of profits, loss of data, or business interruption.

  • Liability Cap: The total liability of Dux IT Pty Ltd under this Agreement will not exceed the total fees paid by the Client for the specific service that caused the damage during the three months preceding the claim.

  • Force Majeure: Dux IT Pty Ltd will not be liable for any delays or failures in performance resulting from events outside its reasonable control, such as natural disasters, government actions, or internet disruptions.

9. Intellectual Property

  • Ownership: The Client retains ownership of their own data and intellectual property. Dux IT Pty Ltd retains ownership of any proprietary software, tools, methodologies, or materials used to provide the services, unless otherwise agreed.

  • Licenses: Where software licenses or third-party tools are provided as part of the services, the Client agrees to adhere to the terms and conditions of those licenses.

10. Data Protection and Privacy Dux IT Pty Ltd is committed to protecting the privacy and security of client data. Both parties agree to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and the Client consents to the collection and use of their personal data as necessary for the provision of services.

11. Dispute Resolution

  • Negotiation: In the event of a dispute, the parties agree to first attempt to resolve the issue through informal negotiations.

  • Mediation: If the dispute is not resolved through negotiation, the parties agree to attempt mediation with a qualified mediator before resorting to legal action.

12. Governing Law This Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in New South Wales.

13. Amendments Dux IT Pty Ltd reserves the right to amend these terms and conditions at any time. Any changes will be communicated to the Client in writing, and the Client’s continued use of the services will constitute acceptance of the new terms.

14. Miscellaneous

  • Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the services provided and supersedes all prior agreements or understandings.

  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

By engaging with Dux IT Pty Ltd for services, you acknowledge and accept these terms and conditions.

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