Terms and Conditions

1. Acceptance of Terms

By engaging DM1 Business Technology Solutions (“DM1”, “we”, “us”) for any service, completing a payment, signing a Statement of Work, or otherwise instructing us to proceed, you (“Client”, “you”) agree to be bound by these Terms and Conditions. These terms apply to all services provided by DM1 including but not limited to managed IT support, Microsoft 365 subscriptions, cybersecurity, cloud services, website design, and consulting.

Your acceptance confirms that you have read and understood these terms, you have authority to bind your organisation, and all information provided to DM1 is accurate and complete.

2. Services

DM1 provides IT services and technology solutions to small and medium businesses, including:

• Managed IT support and helpdesk services
• Microsoft 365 licences and support (as a Microsoft Cloud Solution Provider)
• Cybersecurity consulting and solutions
• Cloud solutions, migrations and infrastructure
• Website design and SEO
• Power Platform, automation and AI integration
• VOIP and telecommunications
• Technology consulting and project work

The specific scope of services for each engagement is agreed in writing via a Statement of Work, service agreement, or written confirmation prior to work commencing.

3. Microsoft Services

Where services include Microsoft products, you must accept and comply with the Microsoft Customer Agreement (MCA), available at microsoft.com/licensing/docs/customeragreement. DM1 acts as a Microsoft Cloud Solution Provider (CSP). Microsoft is a third-party beneficiary of these terms in relation to Microsoft services. Microsoft may modify their services, pricing, or terms at any time.

4. Fees and Payment

All fees are quoted and invoiced in Australian Dollars (AUD) and exclude GST unless otherwise stated. GST will be applied to all invoices as required by Australian law. Payment is due on receipt of invoice.

For subscription services, you authorise DM1 to charge your nominated payment method automatically on each renewal date until you cancel. Payments are processed securely through Stripe. We will provide 30 days’ notice of any price changes.

Overdue accounts may incur interest at 2% per month on the outstanding balance. DM1 reserves the right to suspend services on accounts overdue by more than 14 days. You remain responsible for all outstanding charges regardless of service suspension.

5. Cancellation and Termination

Either party may cancel ongoing services by providing 30 days’ written notice to support@dm1.com.au unless otherwise specified in your service agreement. Cancellation takes effect at the end of the current billing period.

No refunds are provided for partially used billing periods unless required by the Australian Consumer Law. Microsoft licences must be cancelled before the end of the billing period to avoid the following month’s charges.

DM1 may suspend or terminate services immediately if payment is overdue, you breach these terms or Microsoft’s acceptable use policies, your use poses a security or legal risk, or as required by law.

Upon termination, you remain responsible for all charges incurred up to the termination date. DM1 will provide reasonable assistance to transition services to another provider.

6. Support and Response Times

Standard support is provided during business hours, Monday to Friday 9:00 AM to 5:00 PM AWST, excluding public holidays. Response times are determined by the priority of the issue and the terms of your service agreement. After-hours support for critical issues is available by arrangement.

DM1 strives for high availability of all managed services but cannot guarantee 100% uptime. Availability of Microsoft and other third-party services is subject to those providers’ own service level agreements.

7. Your Responsibilities

To enable DM1 to deliver services effectively, you agree to:

• Provide accurate, complete and timely information when requested
• Maintain the security and confidentiality of your account credentials
• Ensure authorised personnel are available to assist with support requests
• Maintain appropriate and current backups of all critical data
• Comply with all applicable laws, regulations and acceptable use policies
• Notify DM1 promptly of any security incidents, suspected breaches, or changes to your environment
• Not use DM1 services for any unlawful, harmful, or abusive purpose

8. Intellectual Property

All intellectual property created by DM1 in the course of delivering services — including documentation, scripts, configurations, and code — remains the property of DM1 unless explicitly transferred in writing. Upon full payment of all outstanding invoices, DM1 grants you a non-exclusive licence to use deliverables for their intended purpose.

You retain ownership of all your existing data, content, and systems. You grant DM1 a limited licence to access and work with your systems solely for the purpose of delivering the agreed services.

9. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party and to use it only for the purposes of the services engagement. This obligation survives termination of services. DM1 will share your information with third-party providers such as Microsoft only as necessary to deliver the agreed services.

10. Privacy

DM1 collects and handles personal information in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles. Information collected is used solely to deliver and improve our services, communicate with you, and meet our legal obligations. We do not sell or share your personal information with third parties for marketing purposes.

11. Limitation of Liability

To the maximum extent permitted by Australian law, DM1’s total liability for any claim arising from or related to our services is limited to the total fees paid by you in the 12 months preceding the claim.

DM1 is not liable for indirect, consequential, incidental, or special damages including loss of profit, loss of data, or business interruption, even if advised of the possibility of such damages. DM1 is not liable for data loss where you have failed to maintain appropriate backups, or for failures caused by third-party services including Microsoft.

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

12. Warranties and Disclaimers

DM1 warrants that services will be performed with reasonable care and skill. We do not warrant that services will be uninterrupted or error-free, or that all security threats will be detected or prevented. Technology solutions are provided to reduce risk, not eliminate it entirely.

13. Governing Law and Disputes

These terms are governed by the laws of Western Australia and the Commonwealth of Australia. Before commencing any legal action, both parties agree to attempt resolution through good faith negotiation for a period of 30 days. If unresolved, either party may pursue available legal remedies in the courts of Western Australia.

14. Changes to These Terms

DM1 may update these Terms and Conditions at any time. The updated terms take effect when published at dm1.com.au/terms. Continued use of DM1 services after the updated terms are published constitutes acceptance of the changes.

15. Contact

DM1 Business Technology Solutions
ABN: 34 439 346 046
Carramar WA 6031
Phone: (08) 6202 6012
Email: support@dm1.com.au
Website: dm1.com.au