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Terms and Conditions

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DM1 TERMS AND CONDITIONS

Last Updated: November 8, 2025

1. ACCEPTANCE OF TERMS

By clicking “I agree” or proceeding with payment, you (“Customer”, “you”) agree to be bound by these Terms and Conditions and enter into a legally binding agreement with DM1 (ABN: 34 439 346 046) (“DM1”, “we”, “us”).

Your acceptance of these terms confirms that:

• You have read, understood, and agree to these Terms and Conditions
• You have authority to bind your organization to these terms
• All information provided is accurate and complete

2. SERVICES PROVIDED

DM1 provides IT services and solutions including but not limited to: Microsoft 365 subscriptions and support (as a Microsoft Cloud Solution Provider), Managed IT services, Cybersecurity consulting and solutions, Cloud solutions and migrations, VOIP systems, and Technology support and consulting.

3. MICROSOFT SERVICES AND CUSTOMER AGREEMENT

3.1 Microsoft Customer Agreement

If your subscription includes Microsoft products or services (including Microsoft 365, Azure, Dynamics 365, or other Microsoft cloud services), you must accept and comply with the Microsoft Customer Agreement (MCA).

By accepting these terms, you acknowledge and agree that:

• You have reviewed the Microsoft Customer Agreement available at: https://www.microsoft.com/licensing/docs/customeragreement
• You accept and agree to be bound by the Microsoft Customer Agreement
• DM1 is acting as a Microsoft Cloud Solution Provider (CSP) partner
• Microsoft is a third-party beneficiary of these terms relating to Microsoft services
• You will comply with all Microsoft acceptable use policies and product terms

3.2 Microsoft Service Changes

Microsoft may modify their services, pricing, or terms at any time. DM1 will provide reasonable notice of material changes affecting your subscription. Your continued use of Microsoft services constitutes acceptance of such changes.

3.3 Data and Privacy

• Microsoft services are subject to Microsoft’s Privacy Statement
• DM1’s handling of your data is subject to our Privacy Policy
• You retain ownership of your data stored in Microsoft services
• You are responsible for maintaining appropriate data backups

4. SUBSCRIPTION AND BILLING

4.1 Recurring Payments

By subscribing, you authorize DM1 to charge your payment method:

• On the date you subscribe (initial payment)
• Automatically on each monthly/annual renewal date thereafter
• Until you cancel your subscription

4.2 Payment Processing

• Payments are processed securely through Stripe
• You must provide valid payment information
• You are responsible for maintaining current payment details
• Charges appear on your statement as “DM1” or “DM1 IT Services”

4.3 Pricing and Changes

• Prices are in Australian Dollars (AUD) unless otherwise stated
• Microsoft license pricing may change based on Microsoft’s pricing updates
• We will provide 30 days’ notice of any price increases to your services
• Continued use after price changes constitutes acceptance

4.4 Failed Payments

• If payment fails, we will retry according to our retry schedule
• Your services may be suspended after repeated payment failures
• You remain responsible for all outstanding charges
• A failed payment fee may apply for declined transactions

4.5 Taxes

All prices exclude GST and other applicable taxes. Taxes will be added to your invoice as required by Australian law.

5. SERVICE TERM AND CANCELLATION

5.1 Subscription Term

• Subscriptions continue until cancelled by you or terminated by us
• Minimum commitment periods apply to certain services (as specified at purchase)
• Early termination fees may apply to fixed-term contracts

5.2 Cancellation by Customer

• You may cancel at any time by contacting us at admin@dm1.com.au
• Cancellation takes effect at the end of your current billing period
• No refunds for partial months unless required by Australian Consumer Law
• Microsoft licenses must be cancelled before the end of the billing period to avoid next month’s charges

5.3 Termination by DM1

We may suspend or terminate your services immediately if:

• Payment fails after reasonable retry attempts
• You breach these terms or Microsoft’s acceptable use policies
• Your use poses security or legal risks
• Required by law or Microsoft

5.4 Effects of Termination

Upon termination:

• Your access to services will cease
• You remain liable for charges incurred before termination
• You should export/backup your data before termination
• We are not responsible for data loss after termination

6. SERVICE LEVELS AND SUPPORT

6.1 Support Services

• Support is provided during business hours (Monday-Friday, 8:30 AM – 5:00 PM AWST)
• Response times vary based on your service level agreement
• Emergency support may be available for critical issues

6.2 Service Availability

• We strive for high availability but cannot guarantee 100% uptime
• Scheduled maintenance may cause temporary service interruptions
• Microsoft service availability is subject to Microsoft’s SLAs

7. YOUR RESPONSIBILITIES

You agree to:

• Provide accurate account and billing information
• Maintain the security and confidentiality of your account credentials
• Comply with all applicable laws and regulations
• Use services only for lawful purposes
• Not engage in activities that could harm our systems or other customers
• Maintain appropriate backups of your data
• Comply with Microsoft’s acceptable use policies for Microsoft services

8. INTELLECTUAL PROPERTY

• All DM1 materials, systems, and proprietary information remain our property
• Microsoft products and services are owned by Microsoft Corporation
• You retain ownership of your data and content
• You grant us permission to access your systems as necessary to provide services

9. CONFIDENTIALITY

Both parties agree to:

• Keep confidential information private
• Use confidential information only for the purposes of this agreement
• Not disclose confidential information to third parties without consent

10. LIABILITY AND INDEMNIFICATION

10.1 Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability is limited to the amount you paid in the 12 months preceding the claim
• We are not liable for indirect, consequential, or incidental damages
• We are not liable for data loss if you failed to maintain proper backups

10.2 Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

10.3 Indemnification

You agree to indemnify DM1 against claims arising from:

• Your breach of these terms
• Your violation of laws or third-party rights
• Your misuse of services

11. PRIVACY AND DATA PROTECTION

• We collect and process your information in accordance with our Privacy Policy
• We comply with the Australian Privacy Act 1988
• Microsoft services are subject to Microsoft’s privacy practices
• You consent to us sharing your information with Microsoft as necessary to provide Microsoft services

12. DISPUTE RESOLUTION

12.1 Governing Law

These terms are governed by the laws of Western Australia and the Commonwealth of Australia.

12.2 Dispute Process

Before commencing legal action:

• Notify us in writing of the dispute
• Both parties will attempt to resolve through good faith negotiation
• If unresolved within 30 days, either party may pursue legal remedies

13. GENERAL PROVISIONS

13.1 Entire Agreement

These terms constitute the entire agreement between you and DM1 regarding the subject matter and supersede all prior agreements.

13.2 Amendments

We may update these terms by providing 30 days’ notice. Continued use after changes take effect constitutes acceptance.

13.3 Severability

If any provision is found invalid, the remaining provisions continue in full force.

13.4 Waiver

Our failure to enforce any right does not waive that right.

13.5 Assignment

You may not assign these terms without our written consent. We may assign to affiliates or successors.

13.6 Notices

Notices must be sent to:

• DM1: admin@dm1.com.au
• You: the email address on your account

13.7 Force Majeure

Neither party is liable for delays due to circumstances beyond reasonable control.

14. CONTACT INFORMATION

DM1

Website: www.dm1.com.au

Email: admin@dm1.au

Phone: 0400 308 829

Address: Perth, Western Australia

For questions about these terms or your subscription, please contact us at subscriptions@dm1.com.au.

ACCEPTANCE DECLARATION

By clicking “Click here to buy now”  and proceeding with payment, you confirm that:

• You have read and understood these Terms and Conditions in full
• You accept and agree to be legally bound by these Terms and Conditions
• You have reviewed and accept the Microsoft Customer Agreement (for Microsoft services)
• You have authority to bind your organization to these terms
• All information provided is true, accurate, and complete
• You authorize recurring charges to your payment method as described above