Terms and Conditions – DUX IT Pty Ltd
Last Updated: [09/02/2026]
These Terms and Conditions (“Terms”) apply between DUX IT Pty Ltd (“DUX IT”, “we”, “our”, “us”) of Penrith, NSW 2750 and the customer (“Client”, “you”, “your”).
By accepting a quote, signing a proposal or SOW, issuing a purchase order, paying an invoice, or requesting that DUX IT commence work, you agree to be bound by these Terms.

1. Applicability and Scope Selection
1.1 These Terms apply only to the specific services purchased or agreed to in writing.
1.2 Service-specific sections apply only where those services are purchased.
1.3 Where a signed proposal, service schedule, or SOW conflicts with these Terms, the signed document prevails only for the scoped services and pricing.

2. Definitions

• Services: Managed IT Services, Break-Fix support, Cloud Backup, SIP/Telephony, Internet & Mobile resale, hardware/software supply, projects, consulting, and related services agreed in writing.

• Managed Services: Recurring services delivered under a monthly package.

• Break-Fix / Ad-Hoc: Time and materials support or one-off project work.

• Covered Systems: Only systems, users, devices, and services explicitly included.

• Third-Party Providers: Vendors, carriers, cloud platforms, or suppliers not controlled by DUX IT.
   

3. Scope of Services
3.1 DUX IT will provide Services as described in the applicable quote, proposal, or SOW.
3.2 Support is limited to Covered Systems only.
3.3 Projects, migrations, automation, custom reporting, integrations, tenant-wide governance changes, and major configuration changes are out of scope unless explicitly included and are billable separately.

4. Service Availability and Support Hours
4.1 Standard Hours: Monday–Friday, 9:00am–5:00pm (AEST/AEDT), excluding public holidays.
4.2 After-Hours: Available by separate agreement and charged accordingly.
4.3 DUX IT does not guarantee uninterrupted or error-free service.
4.4 Scheduled maintenance may affect availability; notice will be given where reasonably practicable.

5. Fees, Invoicing, and Payment
5.1 Fees are as set out in the applicable quote/SOW.
5.2 Invoices are issued as agreed (monthly in advance for Managed Services unless stated otherwise).
5.3 Payment is due within fourteen (14) days of the invoice date.
5.4 DUX IT may suspend services for overdue accounts.
5.5 All fees are exclusive of GST unless stated otherwise.
5.6 Debt Recovery & Interest

• You are responsible for all reasonable debt recovery and legal costs incurred by DUX IT in recovering overdue amounts.

• DUX IT may charge interest on overdue amounts at the rate of 2% per month (or the maximum allowed by law), calculated daily.
   

6. Managed Services
6.1 Managed Services are month-to-month by default, unless otherwise agreed in writing.
6.2 Services and inclusions are limited to the selected package and add-ons.
6.3 Included usage limits (e.g., support time, Quick Fix) apply and do not roll over.
6.4 Fair use principles apply to prevent abuse.

7. Break-Fix / Ad-Hoc Services
7.1 Provided on a time and materials or fixed-fee basis.
7.2 No Managed Services inclusions or SLAs apply.
7.3 Payment may be required upfront or on completion.

8. Hardware & Software Supply
8.1 Title remains with DUX IT until paid in full.
8.2 Warranty is limited to the manufacturer’s warranty.
8.3 Installation/configuration is billable unless included.
8.4 DUX IT is not responsible for supplier delays, freight issues, or manufacturer backorders.

9. Internet & Mobile Resale
9.1 DUX IT acts as a reseller/account manager, not the carrier.
9.2 Network availability, speeds, outages, and performance are controlled by the carrier.
9.3 Carrier terms, usage policies, and early termination fees apply and are passed through.

10. SIP Phone Systems
10.1 SIP services are supplied per the selected plan.
10.2 Unless a SIP Managed IT package is purchased, support is best-effort basic configuration only.
10.3 Desk phones, cabling, LAN/Wi-Fi, power, and internal network faults are excluded unless covered.
10.4 Call quality depends on internet and third-party infrastructure.

11. Cloud Backup Services
(Applies only if purchased)
11.1 Managed backups for supported Microsoft 365 and/or Google Workspace data as agreed.
11.2 Storage allowances and overage pricing are as specified in your proposal/SOW.
11.3 Backup is not a full Disaster Recovery solution unless explicitly purchased.
11.4 The Client must advise DUX IT of any regulatory or retention requirements.

12. Fair Play – 15 Minute Quick Fix
(Advanced MSP only, where included)
12.1 Minor issues reasonably resolvable within 15 minutes.
12.2 Up to 5 requests per company per month. No rollover.
12.3 Issues exceeding scope/time are billable or require Premium upgrade.
12.4 DUX IT may suspend this inclusion for misuse.

13. Client Responsibilities (Security & Compliance)
The Client is solely responsible for:

• Data accuracy, legality, and classification (including sensitive or regulated data)

• Compliance with the Privacy Act 1988 (Cth), APPs, and any industry-specific obligations

• User behaviour, password hygiene, MFA adoption where recommended

• Maintaining appropriate cyber insurance where required
   

14. Data Breaches & Privacy
14.1 DUX IT provides reasonable safeguards only for purchased services.
14.2 The Client is the data owner/controller.
14.3 In the event of a breach, the Client is responsible for regulatory notifications, legal determinations, and communications, unless otherwise agreed in writing.
14.4 DUX IT is not liable for breaches caused by user actions, credential compromise, unsupported systems, or declined security recommendations.

15. Security Recommendations Acknowledgement (Insurance-Aligned)
15.1 DUX IT may recommend security controls (e.g., MFA, Conditional Access, backups).
15.2 If the Client declines or delays recommended controls, the Client accepts the associated risks.
15.3 DUX IT is not liable for incidents arising from declined or unimplemented recommendations.

16. Subcontractors
DUX IT may use qualified subcontractors or third-party providers to deliver Services. DUX IT remains responsible for Services delivered under this Agreement to the extent required by law.

17. Document Retention & Handover
17.1 DUX IT may retain operational documentation and backups for a reasonable period after termination.
17.2 Data export or handover beyond standard off-boarding may be billable.

18. Limitation of Liability
18.1 To the maximum extent permitted by law, DUX IT excludes all indirect, incidental, or consequential loss.
18.2 Liability cap: Fees paid for the affected service in the three (3) months preceding the event.
18.3 Nothing limits liabilities that cannot be excluded under Australian law.

19. Force Majeure
DUX IT is not liable for delays or failures caused by events beyond reasonable control.

20. Term and Termination
20.1 Agreement commences on acceptance/payment/request to commence.
20.2 Managed Services continue month-to-month unless terminated.
20.3 Either party may terminate recurring services with 30 days’ written notice, unless otherwise agreed.
20.4 On termination, all outstanding fees become immediately due.
20.5 Carrier early termination fees are passed through to the Client.

21. Dispute Resolution
Good-faith negotiation → mediation → litigation (if required).

22. Governing Law
New South Wales, Australia.

23. Amendments
DUX IT may update these Terms by publishing updates on its website. Continued use constitutes acceptance.

24. Entire Agreement & Severability
These Terms and applicable SOWs form the entire agreement. Invalid provisions do not affect the remainder.

25. Legal Disclaimer
DUX IT does not provide legal, regulatory, or compliance advice. All recommendations are technical in nature only. The Client must obtain independent advice where required.
 
26. Remote Access, Monitoring & Management Tools
26.1 Use of Remote Management Tools
To deliver Managed Services, Break-Fix support, cybersecurity, backup, and system administration services, DUX IT may install and operate remote monitoring, management, automation, backup, logging, or remote access software (“Management Tools”) on systems that are Covered Systems under this Agreement.

26.2 Client Authorisation
By engaging DUX IT to provide Managed IT Services, the Client expressly authorises DUX IT to:

• Install, configure, and operate Management Tools on Covered Systems

• Remotely access Covered Systems for support, maintenance, monitoring, remediation, and security purposes

• Collect system-level technical data necessary to deliver the Services

• Perform automated monitoring, patching, alerting, and remediation activities

26.3 Scope of Monitoring
Management Tools may collect technical information including but not limited to:

• Device health and performance metrics

• Operating system and software versions

• Security status and patch levels

• System logs and alerts

• User account status and authentication events

DUX IT does not intentionally monitor personal content, private communications, or non-business data except where required to:

• Investigate a support issue

• Respond to a security incident

• Fulfil a specific service request
   

26.4 Client Responsibility for Employee Notification
The Client acknowledges and agrees that:

• It is the Client’s responsibility to notify its employees, contractors, and users that remote monitoring and administrative access tools are in use.

• The Client must ensure compliance with any applicable workplace surveillance, employment, privacy, or consent laws.

• The Client warrants that it has obtained any required internal consents for DUX IT to access and manage its systems.
   

26.5 Lawful Use
DUX IT will only use Management Tools:

• For legitimate business purposes related to the Services

• In accordance with applicable Australian laws

• In a manner reasonably necessary to deliver agreed Services
   

26.6 Access Limitation
Remote access is limited to:

• Covered Systems

• Authorised service activities

• DUX IT personnel and approved subcontractors bound by confidentiality obligations
   

26.7 Removal Upon Termination
Upon termination of Services, DUX IT will remove or disable its Management Tools from Covered Systems within a reasonable period, subject to payment of outstanding amounts and any agreed transition assistance.