Terms and Conditions – DUX IT Pty Ltd
Last Updated: 01/07/2026
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. The Services, package inclusions, exclusions, pricing, and third-party costs applicable to you are determined by the applicable quote, proposal, service schedule, SOW, invoice, or written agreement. General website descriptions and service catalogue material are indicative only and do not override the specific scope agreed in writing.

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, Microsoft 365 and Google Workspace management, SIP/Telephony, Internet & Mobile resale, website/domain/DNS/hosting services, hardware/software supply, projects, consulting, and related services agreed in writing.

• Managed Services: Recurring services delivered under a monthly package, including Essential Managed IT, Secure Managed IT, Complete Managed IT, or any other package agreed in writing.

 

• Essential Managed IT: A support and monitoring package. Security enforcement may be limited by the Client’s Microsoft licensing, device ownership model, third-party systems, and existing configuration.

• Secure Managed IT: A managed IT and security package designed for businesses requiring enforceable security controls, Microsoft 365 protection, device management, endpoint security, backup visibility, and business data protection.

• Complete Managed IT: A higher-level managed IT package that includes Secure Managed IT requirements and may include additional strategic review, technology planning, reporting, cyber insurance readiness support, and higher-risk or multi-site business support, as agreed in writing.

• Managed User: A user account, mailbox, identity, or person included in the agreed Managed Services package.

• Managed Endpoint: A desktop, laptop, server, mobile device, or other business device included in the agreed Managed Services package.

• Secure Onboarding: A once-off onboarding, audit, remediation, and security uplift process required where a Client does not already meet DUX IT’s minimum support or security baseline.

• Service Catalogue: DUX IT’s current list of available services, package inclusions, add-ons, and indicative pricing, as updated from time to time.

• Covered Systems: Only systems, users, devices, accounts, applications, services, and infrastructure explicitly included in the applicable quote, proposal, service schedule, SOW, or invoice.

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

• Break-Fix / Ad-Hoc: Time and materials support or one-off project work that is not included in a Managed Services package.

 
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, proposal, SOW, service schedule, or invoice.
5.2 Invoices are issued as agreed. Managed Services are billed monthly in advance unless otherwise stated.
5.3 Payment is due within fourteen (14) days of the invoice date unless otherwise agreed in writing.
5.4 DUX IT may suspend services for overdue accounts.
5.5 All fees are exclusive of GST unless stated otherwise.
5.6 Hardware, Microsoft licensing, Google Workspace licensing, software subscriptions, internet services, SIP trunks, mobile services, domain names, DNS services, hosting services, freight, vendor charges, and third-party provider costs are billed separately unless specifically included in the applicable package, quote, proposal, SOW, or invoice.
5.7 Third-party pricing is subject to change by the relevant supplier, vendor, carrier, or distributor. DUX IT may pass through supplier price increases, licence changes, usage charges, early termination fees, exchange rate changes, freight, or other third-party charges.
5.8 Pricing for hardware and supplier-provided products is subject to availability, supplier pricing, freight, warranty options, and final model selection. DUX IT may recommend equivalent or better business-grade hardware depending on stock availability and suitability.
5.9 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, approved add-ons, quote, proposal, service schedule, SOW, or invoice.
6.3 DUX IT’s current Managed IT packages may include Essential Managed IT, Secure Managed IT, and Complete Managed IT. Package names, inclusions, exclusions, and pricing may change from time to time.
6.4 Included usage limits, support inclusions, Quick Fix allowances, monitoring inclusions, and reporting inclusions apply only where stated in the applicable package, quote, proposal, service schedule, SOW, or invoice.
6.5 Included usage limits do not roll over unless expressly agreed in writing.
6.6 Fair use principles apply to prevent misuse, excessive consumption, repeated avoidable issues, unsupported systems, or requests outside the intended scope of the selected package.
6.7 Project work, migrations, automation, custom reporting, integrations, tenant-wide governance changes, major configuration changes, onboarding, security uplift, remediation, and out-of-scope support are billable separately unless explicitly included.
6.8 DUX IT may require minimum technical, licensing, security, documentation, backup, access, and device management standards before accepting or continuing a Client on a Managed Services package.
6.9 If a Client’s environment does not meet DUX IT’s minimum support or security baseline, DUX IT may require Secure Onboarding, remediation, licence changes, hardware replacement, device enrolment, unsupported system removal, or other uplift work before full Managed Services coverage applies.
6.10 DUX IT may decline to support, restrict support for, or exclude unsupported, insecure, end-of-life, unlicensed, non-compliant, or unmanaged systems.

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, VoIP, 3CX, hosted PBX, Teams Phone, mobile, internet voice, and related telephony services are supplied according to the selected plan, quote, proposal, service schedule, SOW, or invoice.
10.2 DUX IT may act as a reseller, account manager, system administrator, or implementation provider for telephony services. Carrier, SIP trunk, number hosting, call carriage, mobile, and upstream provider terms may apply.
10.3 Desk phones, headsets, cabling, switches, PoE, LAN/Wi-Fi, internet quality, power, firewall configuration, carrier faults, number porting delays, and internal network faults are excluded unless covered under the applicable package or quote.
10.4 Call quality depends on internet connectivity, LAN/Wi-Fi performance, carrier routing, SIP provider performance, handset quality, firewall configuration, and third-party infrastructure.
10.5 Number porting, carrier provisioning, emergency calling configuration, call flow design, IVR setup, holiday routing, voicemail, call recording, reporting, Teams integration, and major PBX changes are billable unless explicitly included.
10.6 DUX IT is not responsible for outages, delays, call quality issues, number porting delays, emergency service limitations, or faults caused by carriers, SIP providers, internet providers, Microsoft, 3CX, handset vendors, or other third-party systems.

10A. Websites, Domains, DNS, Hosting, and Digital Services
10A.1 Website design, website management, domain registration, DNS management, hosting, Wix services, email DNS records, SEO, Google Business Profile, and digital services are provided only where agreed in the applicable quote, proposal, service schedule, SOW, or invoice.
10A.2 Domain names, hosting plans, Wix subscriptions, SSL certificates, plugins, paid apps, stock images, fonts, third-party integrations, email platforms, SEO tools, Google services, and other third-party digital services are billed separately unless expressly included.
10A.3 DUX IT is not responsible for outages, downtime, ranking changes, search engine indexing, third-party platform changes, plugin failures, DNS propagation delays, domain registry delays, supplier price changes, or issues caused by third-party providers.
10A.4 Website management does not include unlimited redesign, content writing, SEO campaigns, paid advertising, custom development, e-commerce configuration, legal policy writing, accessibility compliance, or ongoing marketing unless expressly included.
10A.5 The Client is responsible for ensuring website content, images, claims, pricing, copyright, privacy notices, policies, accessibility obligations, and legal compliance are accurate and lawful.
10A.6 DUX IT may assist with DNS and domain management, but the Client remains responsible for maintaining ownership of its domain names, renewal approval, registrar account access, and business-critical domain decisions unless otherwise agreed in writing.

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 Use – Minor Incident / Quick Fix Inclusion
12.1 Where included in the selected package, quote, proposal, service schedule, SOW, or invoice, DUX IT may provide a limited number of minor support requests as part of the monthly Managed Services package.
12.2 A Minor Incident / Quick Fix means a small support request that DUX IT reasonably expects can be diagnosed and resolved within approximately 15 minutes without escalation, project work, vendor escalation, major configuration change, onsite attendance, or follow-up remediation.
12.3 Unless otherwise stated in writing, included Quick Fix allowances are limited to up to five (5) minor requests per company per month and do not roll over.
12.4 Quick Fix inclusions do not apply to project work, onboarding, migrations, security remediation, new system configuration, major application issues, third-party vendor faults, server faults, network outages, cyber incidents, backup recovery, after-hours support, or repeated avoidable issues.
12.5 Issues exceeding the included scope, time, complexity, or monthly allowance are billable at DUX IT’s applicable hourly rate or may require a package upgrade, project quote, or approved add-on.
12.6 DUX IT may suspend, limit, or remove this inclusion where it is misused or where the Client’s environment is not reasonably supportable.

12A. Secure Managed IT and Complete Managed IT Requirements
12A.1 Secure Managed IT and Complete Managed IT are not “best effort” security packages. They require suitable licensing, configuration, security controls, and Client cooperation so DUX IT can properly manage business data, devices, user access, and cyber risk.
12A.2 Unless otherwise approved by DUX IT in writing, Secure Managed IT and Complete Managed IT require Microsoft 365 Business Premium or an approved equivalent licensing and security stack.
12A.3 Minimum requirements may include, but are not limited to:

• Microsoft 365 Business Premium or approved equivalent licensing;

• multi-factor authentication for users and administrators;

• Conditional Access baseline policies;

• Microsoft Intune configuration for supported users and devices;

• Microsoft Defender for Business or approved equivalent endpoint protection;

• company-owned device enrolment where applicable;

• device compliance policies;

• managed Windows Update policies;

• BitLocker or equivalent disk encryption where supported;

• controlled local administrator access;

• approved BYOD app protection and access policies; and

• backup, monitoring, and reporting controls as agreed.

12A.4 If the Client does not already meet DUX IT’s minimum baseline, Secure Onboarding or other remediation work may be required before Secure Managed IT or Complete Managed IT coverage fully applies.
12A.5 Unsupported, unmanaged, insecure, non-compliant, or end-of-life devices, accounts, applications, and systems may need to be remediated, replaced, isolated, restricted, or excluded from support.
12A.6 If the Client declines or delays required controls, DUX IT may reduce the scope of support, exclude affected systems, reclassify the Client to a different package, provide support on a best-effort basis only, or terminate the affected services in accordance with these Terms.
12A.7 Complete Managed IT includes all Secure Managed IT requirements and may include additional business reviews, technology planning, reporting, cyber insurance readiness support, backup restore testing, advanced data protection, DLP, compliance support, or strategic services where agreed in writing.

12B. Secure Onboarding, Remediation, and Uplift Work
12B.1 Secure Onboarding is a once-off onboarding, audit, remediation, and security uplift process required where a client is moving into Secure Managed IT or Complete Managed IT and does not already meet DUX IT’s minimum technical, security, licensing, documentation, backup, or device management baseline.
12B.2 Secure Onboarding may include environment audit, Microsoft 365 tenant review, administrator account review, user and device audit, network review, backup review, security baseline review, RMM deployment, endpoint protection deployment, documentation, password and access handover, initial risk register, and recommendations report.
12B.3 Secure Onboarding may also include Microsoft 365 Business Premium licence review, MFA enforcement, Conditional Access baseline, Intune baseline, Defender for Business onboarding, device compliance policies, update policies, BYOD app protection, and business data protection controls.
12B.4 Secure Onboarding is billable separately unless expressly included in the applicable quote, proposal, service schedule, SOW, or invoice.
12B.5 DUX IT may delay, limit, or exclude Managed Services coverage until required onboarding, remediation, access, documentation, licensing, and security controls are completed.

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

• data accuracy, legality, ownership, and classification, including sensitive or regulated data;

• compliance with the Privacy Act 1988 (Cth), Australian Privacy Principles, employment law, workplace surveillance obligations, industry-specific obligations, and any regulatory requirements that apply to the Client;

• ensuring employees, contractors, and users follow reasonable cyber security practices;

• maintaining appropriate cyber insurance where required;

• approving recommended security controls in a timely manner;

• providing DUX IT with accurate information about users, devices, systems, applications, business requirements, compliance obligations, and risk appetite;

• ensuring users complete required onboarding, MFA setup, security training, device enrolment, or access changes;

• maintaining lawful software licensing and vendor subscriptions;

• notifying DUX IT of staff changes, role changes, terminations, compromised accounts, suspected breaches, business changes, and system changes;

• maintaining appropriate business continuity, disaster recovery, and incident response plans unless these services are expressly purchased from DUX IT; and

• obtaining independent legal, regulatory, privacy, accounting, insurance, or compliance advice where required.

• DUX IT provides technical recommendations only and does not provide legal, regulatory, accounting, insurance, or compliance advice.
   

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, data loss, unauthorised access, business interruption, or security incidents caused by user actions, credential compromise, phishing, social engineering, unsupported systems, unmanaged devices, BYOD misuse, third-party provider failure, Client configuration changes, unlicensed software, declined recommendations, delayed remediation, or controls that are outside the purchased Services.

15. Security Recommendations Acknowledgement
15.1 DUX IT may recommend security controls including, but not limited to, MFA, Conditional Access, Microsoft Intune, Microsoft Defender for Business or equivalent endpoint protection, backups, backup testing, DNS security, email filtering, password management, least privilege access, local admin restrictions, patch management, unsupported device replacement, cyber awareness training, and BYOD controls.
15.2 If the Client declines, delays, disables, bypasses, or fails to implement recommended or required controls, the Client accepts the associated risks.
15.3 DUX IT is not liable for incidents, losses, outages, breaches, data loss, unauthorised access, insurance issues, compliance issues, or business interruption arising from declined, delayed, disabled, bypassed, or unimplemented recommendations.
15.4 Where recommended or required controls are declined or delayed, DUX IT may require written acknowledgement, reduce the scope of support, exclude affected systems, provide best-effort support only, reclassify the Client’s package, or terminate the affected services.
15.5 Where a cyber insurer, regulator, vendor, franchise, head office, or other third party requires specific controls, the Client is responsible for confirming those requirements and approving the required work.

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, special, punitive, or consequential loss, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, loss of productivity, business interruption, reputational damage, and third-party claims.
18.2 To the maximum extent permitted by law, DUX IT’s total liability for any claim arising out of or relating to the Services is limited to the fees paid by the Client for the affected service in the three (3) months preceding the event giving rise to the claim.
18.3 DUX IT is not liable for loss or damage caused by third-party providers, carriers, vendors, Microsoft, Google, domain registrars, hosting platforms, software providers, hardware manufacturers, distributors, client-side configuration changes, unsupported systems, user actions, credential compromise, declined recommendations, or services outside the purchased scope.
18.4 Nothing in these Terms limits liabilities that cannot be excluded or limited 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
23.1 DUX IT may update these Terms by publishing updated Terms on its website.
23.2 Updated Terms apply from the date published unless otherwise stated.
23.3 Continued use of the Services, payment of invoices, acceptance of quotes, or request for DUX IT to continue providing Services after publication of updated Terms constitutes acceptance of the updated Terms.
23.4 If a signed proposal, service schedule, SOW, or written agreement contains specific terms that conflict with these Terms, the signed document prevails only for the specific scoped services and pricing described in that document.

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.