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Terms and Conditions

Terms and Conditions – 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. Applicability of Terms

These Terms and Conditions apply only to the specific services that have been purchased or agreed to in writing between DUX IT Pty Ltd and the Client.

References in this Agreement to particular services (such as Managed Services, Cloud Backup, or the 15 Minute Quick Fix Policy) do not imply that all Clients are entitled to those services. Only Clients who have entered into the relevant service agreement, proposal, or contract for those services are covered by the associated terms.

 

2. Definitions

  • "Services" refers to IT support, managed IT services, cybersecurity, 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 agreed in writing.

  • "Agreement" means these terms and conditions, together with any applicable service level agreements (SLAs), proposals, quotes, or contracts between the Client and DUX IT Pty Ltd.

 

3. Scope of Services

 

3.1 Managed Services

Where the Client has entered into a Managed Services Agreement, DUX IT will provide:

  • Remote monitoring, reporting, and management of covered systems.

  • Managed IT services such as backup, cybersecurity, licensing, and network management.

  • Services as specified in the Client’s chosen package (Basic, Advanced, Premium) and any add-ons selected.

  • Support limited to systems and products covered under the agreement.

 

3.2 Break-Fix / Ad-Hoc Services

Where the Client engages DUX IT on a break-fix or ad-hoc basis:

  • Services are billed at the agreed hourly or project rate.

  • No service level guarantees or entitlements from Managed Services packages apply.

  • Payment may be required upfront or immediately upon completion at DUX IT’s discretion.

 

3.3 Hardware & Software Supply

Where DUX IT supplies or installs equipment or software:

  • Title to supplied goods remains with DUX IT until full payment is received.

  • Warranty is limited to the manufacturer’s standard warranty unless otherwise agreed.

  • Installation and configuration are billed separately unless explicitly included in the Client’s agreement.

  • DUX IT is not responsible for supplier delays, freight issues, or manufacturer backorders.

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3.4 Hardware Sales and Warranty

DUX IT is a reseller of hardware products from various vendors. By purchasing hardware through DUX IT, the Client acknowledges and agrees to the following terms:

  • Manufacturer Warranty: All hardware products sold by DUX IT are covered by the original manufacturer’s warranty, in accordance with Australian Consumer Law (ACCC).
    DUX IT will provide reasonable assistance in facilitating warranty claims, but the warranty itself is provided by the hardware vendor.

  • Client Responsibility: Unless otherwise agreed in writing under a Managed Services Agreement, it is the Client’s responsibility to liaise directly with the hardware vendor or manufacturer for any warranty or support claims relating to the hardware itself.

  • Extended / Vendor Warranty Sales: DUX IT may offer extended or vendor-specific warranty packages for purchase. Where such warranties are purchased, the Client must contact the relevant vendor or warranty provider directly for service or replacement, unless DUX IT is specifically contracted to manage these claims on the Client’s behalf.

  • DUX IT Support Limitation: DUX IT will provide reasonable initial troubleshooting assistance to confirm hardware fault status; however, any ongoing hardware diagnostics, shipping, warranty claim management, or vendor coordination beyond basic support will be billable unless otherwise covered under a Managed Services Agreement.

  • Australian Consumer Law Compliance: These provisions do not limit any rights the Client may have under the Australian Consumer Law. DUX IT complies fully with the ACCC requirements regarding consumer guarantees, including obligations for defective or misrepresented goods.

 

4. Service Fees and Payment Terms

  • Fees: The Client agrees to pay DUX IT the agreed fees as outlined in proposals, quotes, or contracts.

  • Invoices: Issued on a regular basis as agreed. Payment must be made within the specified terms (typically 14 days from invoice).

  • Late Payments: DUX IT may suspend services or apply late fees if payment is overdue.

  • Taxes: All fees are exclusive of GST and other applicable taxes.

 

5. Client Responsibilities

  • Access: Client must provide DUX IT with reasonable access to systems, networks, and infrastructure.

  • Compliance: Client is responsible for ensuring systems comply with applicable laws, including privacy and data protection.

  • Data Backup: While DUX IT may provide backup services under specific agreements, the Client remains responsible for ensuring appropriate data protection and recovery strategies unless contracted otherwise.

 

6. Service Availability

  • Business Hours: Monday to Friday, 9:00 AM – 5:00 PM (excluding public holidays).

  • After-Hours: Available by separate arrangement and subject to staff availability.

  • Interruptions: DUX IT will use reasonable efforts to minimise downtime but does not guarantee uninterrupted service.

 

7. Term and Termination

  • Term: Commences on acceptance and continues until terminated by either party.

  • Termination by Client: Client may terminate with written notice, subject to cancellation fees in the applicable contract.

  • Termination by DUX IT: DUX IT may terminate immediately if the Client breaches this Agreement and fails to remedy.

  • Effects: Upon termination, the Client must immediately pay outstanding fees. DUX IT will return Client-owned data or property, subject to confidentiality.

 

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during services. This obligation remains after termination.

 

9. Limitation of Liability

  • Exclusion of Indirect Damages: DUX IT is not liable for indirect or consequential damages (e.g. loss of data, profits, or business).

  • Liability Cap: Total liability is capped at the fees paid for the service in the three months preceding the claim.

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

 

10. Intellectual Property

  • Client Ownership: Client retains ownership of their own data.

  • DUX IT Ownership: DUX IT retains ownership of proprietary software, tools, and methodologies.

  • Licenses: Client must comply with third-party software licensing terms.

 

11. Data Protection and Privacy

DUX IT complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Client consents to the collection and use of personal data as required for service delivery.

 

12. Dispute Resolution

  • Negotiation: Parties will first attempt to resolve disputes informally.

  • Mediation: If unresolved, the dispute will proceed to mediation before legal action.

 

13. Governing Law

This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts.

 

14. Amendments

DUX IT may amend these terms from time to time. Updated versions will be published on our website. Continued use of services constitutes acceptance.

 

15. Miscellaneous

  • Entire Agreement: This Agreement supersedes all prior agreements regarding the covered services.

  • Severability: If any provision is invalid, the remainder will continue in effect.

 

Service-Specific Clauses

A. Cloud Backup (Applies only to Clients who have purchased Cloud Backup)

  1. Service Overview
    DUX IT provides managed cloud backup for Microsoft 365 and Google Workspace environments, including mailbox and collaboration data. Backups are stored securely in enterprise-grade cloud storage.

  2. Inclusions

  • Backup of Microsoft 365 and Google Workspace user mailboxes.

  • Backup of OneDrive accounts and Google Drive files.

  • Backup of SharePoint sites and Google Shared Drives.

  • Automated daily backups with strong encryption (in transit and at rest).

  • Retention of deleted/archived data in line with policy.

  • Data recovery in the event of accidental deletion, corruption, or data loss.

  1. Storage Allowance

  • 1 TB per company included (shared across Microsoft 365 and Google Workspace data).

  • Additional storage available in 500 GB increments.

  1. Pricing

  • 1 TB bundled into the Managed Services Package.

  • Additional storage billed monthly per 500 GB.

  1. Limitations

  • Dependent on third-party platform availability.

  • Client must advise DUX IT of compliance or regulatory retention requirements beyond the standard backup policy.

  • This service does not replace a full Disaster Recovery (DR) solution.

 

B. Fair Play Usage Policy – 15 Minute Quick Fix (Applies only to Advanced MSP Package Clients)

  1. Scope
    Minor troubleshooting tasks resolvable within 15 minutes (e.g. password resets, basic settings, email troubleshooting).

  2. Usage Limits

  • Up to 5 calls per company per month.

  • Unused calls do not roll over.

  • Additional calls billed at standard rates or require Premium upgrade.

  1. Time Management

  • If an issue cannot be resolved within 15 minutes, it may be escalated as billable work or a Premium request.

  1. Abuse Prevention

  • Misuse includes breaking larger jobs into multiple calls or using Quick Fix for training.

  • DUX IT may suspend privileges in cases of misuse.

 

C. Excluded Services (Applies to all Clients)

Unless otherwise agreed in writing, DUX IT does not provide support for:

  • Third-party applications or SaaS platforms outside its portfolio.

  • Unsupported hardware or systems not managed by DUX IT.

  • Services not expressly selected or purchased by the Client.

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