S365 - Terms of Service

Updated 04/08/2022

Introduction

These Terms of Service govern the terms of our service to you (“the Client”). By submitting the Online Form to us, you acknowledge, accept and agree that you have read these terms and are bound by the provisions herein.

These terms of service constitute a legally binding agreement (“Agreement”) between you as a client and Support 365 Pty Ltd ACN 651 992 675 (“S365”).

S365 has agreed to provide the Client the Services on the terms of this Agreement.

OPERATIVE PROVISIONS:

1. DEFINITIONS

  1. 1 In this Agreement, unless the contrary intention appears from the context:

    “Additional Services” means any and all services that are not specified or contained in the Online Form, Services, S365 Microsoft Manager or S365 Device Manager including but not limited to:

    a)On-site visitation or services;

    b) Hardware installation, repair or maintenance; or

    c) Assistance outside of the hours 8am and 6pm AEST Monday to Friday; or

    d) Assistance at any time during a public holiday which S365 observes.

    “Agreement” means this document, the Online Form, Schedule 1, Schedule 2, Schedule 3 and any annexure to this document.

    “Anti-virus” means any software S365 recommends for protection of the Client’s systems such as from malware or any other predatory software.

    “Commencement Date” means the date the Client submits the Online Form to S365.

    “Applicable Requirements” means any legislation, code of practice or arrangement which from time to time regulates or affects the Services or the activities to which the Services relate.

    “Confidential Information” means:

    a) any information which is by its nature confidential, regardless of the form or medium of that information; and

    b) any other information relating to the business, computer systems or affairs of the Client, the Client’s affiliates, or their clients (including personal information and client files), including designs, proposals, contracts, financial details, marketing strategies, policies, products, services, processes, operating practices and procedures, business plans, reports, plans and documents, which is or has been disclosed (whether orally, electronically, in writing or otherwise), or otherwise obtained by S365,

    but excludes information which:

    a) was in the public domain at the time of its receipt by S365; or

    b) became part of the public domain after its receipt by the Client, otherwise than through a disclosure by S365, or any person to whom it has disclosed Confidential Information.

    “Email Protection” means any software S365 recommends for the filtration of spam, junk or other unwanted email notification from the Client’s email systems.

    “Environment” means any part of the Client’s digital environment including but not limited to:

    a) hardware;

    b) software;

    c) network; or

    d) any other component thereof,

    associated with the Services or provided by S365 in accordance with this Agreement.

    “Firewall Security” means any software or hardware S365 recommends for firewall protection of the Client’s systems.

    “Fees” means the fees payable to S365 for performing the Services and calculated on the basis set out in Schedule 2.

    “GST” has the meaning it has in the GST Act.

    “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

    “GST Exclusive Consideration” means any consideration payable under this Agreement that does not include an amount referable to as GST.

    “Intellectual Property” means:

    a) any patent, registered and common law trade mark, trade name, business name, company name, domain name, copyright, registered or other design right, circuit layout right and any corresponding property right, together with any right to apply for the grant or registration of the same; and

    b) any right in respect of an idea, invention, discovery, trade secret, improvement, technical information, specification, know how, data, algorithm, formula or Confidential Information.

    “Insolvent” means a party:

    a) enters into any arrangement between itself and any creditors;

    b) ceases to be able to pay its debts as and when they become due;

    c) ceases to carry on business;

    d) enters into liquidation or any form of insolvency administration; or

    e) has a receiver, a receiver and manager, a trustee in bankruptcy, an administrator, a liquidator, a provisional liquidator or other like person appointed to the whole or any part of its assets or business.

    “Licenses” means any third-party license selected by the Client in the Online Form or on the Website or which include the Microsoft License, Anti-virus, Firewall Security, Email Protection or any other license requested by the Client or recommended by S365.

    “Monthly Terms” means the client has selected on the Online Form, to pay the Fees on a monthly basis;

    “Microsoft License” means any licensed product or software as sold by Microsoft.

    “Online Form” means the request for services as submitted by the Client on S365’s Website or otherwise accompanying this Agreement.

    “S365 Microsoft Manager” or “S365 Device Manager” means the level of services selected in the Online Form and as set out in Item 1 of Schedule 1;

    “Privacy Act” means the Privacy Act 1988 (Cth), as amended from time to time including the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth).

    “Restraint Period” means, from the date of termination of this Agreement:

    a) 18 months, or if that period is too long to be enforceable,

    b) one year, or if that period is too long to be enforceable,

    c) six months.

    “Restraint Area” means:

    a) The metropolitan area of the city or town in which S365 provided the Services to the Client, or if that area is too large to be enforceable,

    b) 10km radius of the location at which S365 provided the Services to the Client, or if that area is too large to be enforceable,

    c) 5km radius of the location at which S365 provided the Services to the Client.

    “Schedule 1” means schedule 1 attached to this Agreement.

    “Schedule 2” means schedule 2 attached to this Agreement.

    “Schedule 3” means schedule 3 attached to this Agreement.

    “Services” means the services selected in the Online Form and detailed in Item 1 of Schedule 1.

    “Service Levels” means the level of services and the response times we will aim to provide you as set out Schedule 3;

    “Special Conditions” means as set out in Item 3 of Schedule 1;

    “Tax Invoice” has the meaning it has in the GST Act.

    “Term” means the duration of this Agreement from the Commencement Date until it is terminated.

    “User” means the Client, any staff of the Client and any third party directed by the Client that are authorised under this Agreement to use the Services.

    “Variations” means any adjustment to the quantity of Users, Services of Licences in accordance with clause 4.6

    S365, we, us and our refer to Support 365 Pty Ltd ACN 651 992 675 and any of its related bodies corporate to which this agreement applies.

    “Website” refers to www.s365.net.au and any variation or tailored version of the website created for your use.

    The singular includes the plural and vice versa

2.TERM OF CONTRACT

2.1 This Agreement commences on the Commencement Date and will continue indefinitely until terminated in accordance with clause 14.

3. CONTRACT FOR SERVICE

3.1 This Agreement is a contract for services and is not to be construed as an employment contract. Any individual who provides Services on behalf of S365 under the terms of this agreement is solely an employee or representative of S365 and is not an employee of the Client. The relationship between such individual and the Client is not to be construed as one of employer and employee, nor of master and servant.

4. SERVICES PROVIDED BY SERVICE PROVIDER

 

4.1 This agreement consists of:

a) The Online Form;

b) these general terms;

c) Schedule 1;

d) Schedule 2; and

e) Schedule 3

4.2 Commencement

S365 will commence the provision of the Services on the Commencement Date.

4.3 Services

S365 will provide the Client and the Users with the Services selected in the Online Form in accordance with the Service Levels and the terms of this agreement. The Services will only be provided between 8am and 6pm AEST, Monday to Friday and not on any public holiday which S365 observes.

4.4 Licenses

On behalf of the Client and their Users, S365 will manage the Licenses in accordance with the terms of this agreement. Unless S365 agrees otherwise, the Client will be responsible for obtaining the Licenses. Where applicable, the Licenses are subject to the same provisions throughout this Agreement as the Services.

4.5 Additional Services

If the Client requires or requests any Additional Services, S365 is not bound or obliged to accept or comply with any such requests. Where S365 accepts any such requests, they will issue the Client with a quotation which may include premium rates depending on the nature of the Additional Service requested.

S365 will issue a Tax Invoice for any Additional Services performed.

4.6 Variations

         By written notice to S365, the Client may vary the quantity of Users, Services or Licenses.

For any Variations:

a) that reduce the quantum of Users, Services or Licenses, no amounts will be refunded to the Client by S365. The Client’s Tax Invoice for the next calendar month will be adjusted accordingly; or

b) that increase the quantum of Users, Services or Licenses, the additional Users, Services or Licenses will be charged at the then current rates charged by S365. The Client’s Tax Invoice for the next calendar month will be adjusted accordingly.

5. CLIENT OBLIGATIONS AND WARRANTIES

5.1 The Client acknowledges and agrees that it is responsible for the following:

a) To comply with the Applicable Requirements;

b) To ensure that that the Client, the Users and Client’s officers, employees, agents and personnel will during the Term, ensure that the Environment remains secure and will avoid any action that may bring the Environment into risk of any security breach. The Client will at all times remain responsible for the security of their Environment; and

c) For its own use of the Services and the use of the Services by the Users. This includes but is not limited to:

i. maintaining the security of user names and passwords for you and your Users required for use of the Services;

ii. maintaining adequate security measures to prevent unauthorised or inappropriate use of the Services;

iii. ensuring adequate configuration, operation and maintenance of any computer and communication systems used with the Services; and

iv. establishing and maintaining adequate backup and recovery systems to minimise and prevent adverse consequences in the event of unforeseeable malfunctions.

5.2 The Client acknowledges that it has relied on its own skill, knowledge, experience and judgement to verify that the Services meet its requirements and that it is not relying on any implied warranty of fitness for its needs.

5.3 The Client is responsible for obtaining all applicable regulatory permits, permissions, approvals and licences required for the operation of its business in relation to the Services. By using the Services, the Client warrants compliance with this clause and any applicable regulatory and licensing requirements.

5.4 The Client is responsible for any fees, taxes and other payments due to any party directly or indirectly incurred by the Client through its through of the Services. This includes the reporting of income to relevant taxation bodies and other government authorities.

5.5 The Client warrants that the Environment is and will remain secure from unauthorised infiltration or security breaches by third-parties;

5.6 The parties warrant that they have the authority to enter into this Agreement, and the appropriate licences, rights and/or title needed to fulfil their obligations under this agreement;

5.7 The warranties of clause 5.6 are considered an essential requirement to performing the duties and responsibilities of the position.

5.8 Service Provider may terminate the Agreement without notice if the Client fails to or is no longer able to meet the requirements of clause 5.6.

5.9 The Client must notify S365 immediately in the event that it is no longer able to meet the requirements of clause 5.6.

6. FEES AND PAYMENT

6.1 The Client agrees to pay S365 the Fees, subject to S365 issuing to the Client a valid Tax Invoice on the Commencement Date payable for the proceeding month. Thereafter, on the 1st of each calendar month for the proceeding month;

6.2 The Client will pay any valid Tax Invoice on the due date set out on such Tax Invoice. S365 may require the Client to pay the Fees by way of direct debit.

6.3 The Client acknowledges and agrees:

a) to pay interest of 10% per annum on all overdue amounts, including on any GST payable, in connection with any overdue payments, calculated daily from the due date until paid in full;

b) its access to and use of the Services will be limited to the number of Users set out in the Package as selected by the Customer;

c) the features and functionality of the Software and Services available to, or accessible by, the Customer will be limited to those available to, or accessible by, its selected Package;

d) it will receive from S365 the support services set out in the selected Package and the Customer will provide S365 access to its systems and technology environment as required to enable S365 to provide the Services;

6.4 If the Client fails to pay any amount payable under this Agreement on the due date as advised by S365 from time to time, S365 may, at its discretion, suspend the provision of the Services until such time as the Client pays all unpaid Fees, including those payable in respect of the period of suspension.

6.5 For the avoidance of doubt, the Fees for the Services continue to accrue during any period of suspension pursuant to clause 6.4.

6.6 S365 reserves the right to vary the Fees. Where S365 varies any part of the Fees, S365 will endeavour to provide the Client notice prior to the Client receiving their next Tax Invoice.

7. OWNERSHIP

7.1 S365 does not own or maintain absolute control over the Environment. Subject to this Agreement, the Client will maintain ownership and will at all times, remain ultimately responsible for the Environment.

7.2 The ownership of both parties’ intellectual property rights in existence prior to the commencement of this Agreement are unaffected by any term of this Agreement.

7.3 Except as may otherwise be specified in this Agreement, all Intellectual Property rights provided by S365 are and will remain the property of S365.

7.4 The parties grant a royalty-free, non-exclusive, revocable licence to use any information provided by the parties to the extent necessary to perform their obligations under this Agreement.

7.5 Any discovery, design, invention or secret process or improvement in procedure made or discovered by S365 either alone or in conjunction with another person, whilst providing the Services, will belong to and be the absolute property of S365.

7.6 Except as may be expressly provided otherwise in any head licensor’s terms as notified by S365 to the Client, all S365’s Intellectual Property is and remains the property of S365 or its licensor (as applicable), and the Client obtains no rights or interests in S365’s Intellectual Property or any component thereof.

8. INSURANCE

8.1 The parties agree to hold and maintain adequate and sufficient insurance to ensure each party is able to meet its obligations to the other party under this Agreement.

9. INDEMNITY

9.1 S365 is not liable for and the Client indemnifies and will keep indemnified S365, its officers, employees, agents and personnel against all costs, expenses, charges, losses and damages (including consequential loss and damage) suffered or incurred by S365, its officers, employees, agents or personnel, or for the death or injury of persons (including the Client’s officers, employees, agents or personnel) arising from or in connection with:

a) any breach by the Client of this agreement or any express or implied warranty;

b) any action or failure to act, negligence, breach of duty or breach of law by the Client, negligence, fraud or wilful misconduct by the Client, and any claim made by a third party as a result;

c) Any third party action or inaction in relation to or associated with the Services or Licenses;

d) Any security breach of the Client’s Environment or systems whether caused by the Client, S365, a third-party or otherwise.

This indemnity will continue to apply indefinitely following termination of this Agreement.

10. LIMITATION OF LIABILITY

10.1 To the extent permitted by law, S365 excludes the application of all terms, conditions, warranties and representations express or implied by statute or otherwise.

10.2 To the maximum extent permitted by law S365 does not warrant that the Services or any part therein, is free from defect or that it will perform in compliance with any specifications, laws or the Client’s requirements. S365 does not guarantee uninterrupted access to and use of the Software and Services and Content at all times.

10.3 Neither S365, nor any of its employees, agents or officers are liable to the Client for any direct or indirect loss, harm or liability, or any costs, charges or expenses the Client or a third party may incur in connection with or arising from S365 providing the, Services including but not limited to any interruption, inaccuracy, error, or omission, regardless of cause.

10.4 This limitation exists whether the Client’s claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

10.5 S365’s liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at its option, to:

a) correcting and resupplying the Services; or

b) supplying a workaround for defects in the Services.

11. SOFTWARE SECURITY

11.1 S365 does not guarantee that information or media transmitted over the internet and/or through the Services is totally secure. Therefore, when the Client or the Users use the Services or provide any information through the Website, it does so at its own risk. S365 takes reasonable steps to keep all data and information secure while it is in its own systems but does guarantee that it is secure.

11.2 The Client’s use of the Services is at its own risk. S365 does not guarantee that access to our Services will be uninterrupted.

12. CLAIMS

12.1 The Client must immediately notify S365 on becoming aware of any claim or potential claim or circumstances which may lead to a claim being made against the Client or S365 directly or indirectly related to the Services provided under this agreement;

12.2 The Client must reimburse S365 any excess or deductible amount payable by the S365 as a result of a claim against S365 and any costs, expenses, charges and fees (including legal fees) incurred by the S365 in connection with the conduct of the Client.

13. CONFIDENTIALITY AND PRIVACY

13.1 Both parties agree to take all reasonable measures to ensure the confidential information of the other party is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to such information.

13.2 The parties may only use, disclose or reproduce one another’s Confidential Information strictly for the purposes of fulfilling their obligations this Agreement.

13.3 The Client agrees to not post, publish or otherwise distribute any information, details or make reference to S365 or its clients on social media, online platforms or any form of publication unless authorised by S365 in writing.

13.4 The parties agree:

a) to comply with those provisions of the Privacy Act 1988 (Cth) which concern the security, use and disclosure of personal information (as defined in the Privacy Act) as if it were an APP entity, credit provider or a tax file number Client as defined in the Privacy Act;

b) to take due care and diligence in maintaining the confidentiality of client files, including but not limited to clients’ personal information;

c) not to transfer any Confidential Information, or personal information outside of Australia, or allow parties outside of Australia to have access to it; and

d) immediately notify the other party of any breach of this clause (including where the party should reasonably suspect such a breach has occurred), and co-operate with the other party in the investigation, or resolution, of any such breach, or any complaint alleging a privacy breach.

14. TERMINATION

14.1 S365 may terminate this Agreement immediately in circumstances where the Client:

a) engages in serious misconduct;

b) commits a breach of this Agreement that is not capable of remedy;

c) has been issued a breach notice from S365 and fails to remedy the breach within 7 days of it receiving the breach notice;

d) is engaged in conduct which may tend to injure the reputation of the Client;

e) refuses or neglects to comply;

f) if there is a delay, including a delay beyond the reasonable control of a party, and it prevents the Services being completed (in whole or part) for a period of 7 days; or

g) immediately if the Client becomes Insolvent.

14.2 Notwithstanding any other clause in this Agreement, S365 may terminate this Agreement in whole or in part by providing the Client with 14 days written notice.

14.3 At all times subject to clause 15.2, the Client may terminate this agreement at any time by providing notice to S365 with such termination taking effect at the start of the calendar month proceeding the termination.

14.4 Termination of the Agreement (for whatever cause) will not affect any right or cause of action which has accrued            to the date of termination.

15. OBLIGATIONS ON TERMINATION OR EXPIRY

15.1 If this Agreement is terminated, S365 will within 7 days of the date of termination:

a) deliver to the Recipient all copies of Recipient’s Confidential Information, and other property of the other party which is in the possession, power or control of the party or any of its representatives, and except with the prior consent of the other party, cease accessing any of the other party’s systems, electronic or communications links; and

b) return all global rights, passwords, credentials and control of the Environment.

15.2 If this Agreement is terminated by the Client in accordance with clause 14.3, The client acknowledges and accepts the following:

a) Any amounts paid to S365 by the Client are not refundable;

b) Fees may still accrue up until the effective date of termination which the client will be liable to pay to S365 following the issuance of a valid tax Invoice;

c) Where the Client receives Services, which are procured by S365 from third party suppliers under fixed or minimum duration agreements, the Client shall indemnify S365 against any losses incurred by S365 as a result of this Agreement terminating prior to the expiry of such fixed periods;

16. SOLICITATION

16.1 To reasonably protect the goodwill and the legitimate business interests of S365, during the Term of this Agreement and during the Restraint Period the Client must not in any way, within the Restraint Area, directly or indirectly:

a) canvass, solicit, induce or encourage any person who was an employee or contractor of S365 to leave S365;

b) employ, engage or otherwise deal with any person who was at any time during the Term of this Agreement an employee or exclusive subcontractor of S365; or

c) interfere in any way with the relationship between S365 and its employees, clients, customers, contractors, or suppliers.

16.2 The covenants given by the Client in this clause 16 will apply, and may be enforced against the Client, regardless of the reason(s) for the termination of this Agreement.

16.3 Each restraint contained in this clause constitutes a separate and independent provision, severable from the other restraints. If a court of competent jurisdiction finally decides any such restraint to be unenforceable or whole or in part, the enforceability of the remainder of that restraint and any other restraint will not be affected

17. GOODS AND SERVICES TAX (GST)

17.1 Terms used in this clause 17 have the same meaning as in the GST Act. The fees specified in this Agreement do not include an amount for GST unless otherwise stated.

17.2 Where GST is imposed on any supply made under this Agreement by one party (“Supplying Party”) to another party (“Receiving Party”), the Receiving Party must pay or provide the GST Exclusive Consideration for the supply and, in addition to and at the same time as the GST Exclusive Consideration is payable or to be provided, an additional amount calculated by multiplying the value of that GST Exclusive Consideration (without deduction or set-off) by the prevailing GST rate. This clause does not apply to a supply for which a GST inclusive consideration has been agreed.

18. DISPUTE RESOLUTION

18.1 This clause 18 applies to each dispute which arises between the parties in connection with this Agreement (a “Dispute”).

18.2 Subject to clause 18.9, a party must not commence or maintain any action or proceeding in any court, tribunal or otherwise regarding a Dispute without first giving a Dispute Notice and complying with the provisions of this clause 18.

18.3 If a party considers that a Dispute has arisen, it may notify the other party in writing, setting out in reasonable detail the facts of the matter in dispute.

18.4 The parties must promptly hold good faith discussions after issue of a Dispute Notice to attempt to resolve the Dispute and must (without prejudice to the privilege against the production of any such information to a court) furnish to the other party all information with respect to the Dispute which is appropriate in connection with its resolution.

18.5 If the Dispute has not been resolved within 28 days after the giving of a Dispute Notice, either party may by notice to the other party refer the Dispute to mediation administered by the Australian Commercial Disputes Centre.

18.6 The mediation must be conducted in accordance with ACDC Mediation Guidelines.

18.7 The costs of mediation must be shared equally between the parties.

18.8 If the Dispute has not been resolved within 14 days after commencement of mediation, either party may pursue its rights and remedies under this agreement as it sees fit.

18.9 Notwithstanding anything in this clause 18, a party at any time may commence court proceedings in relation to any dispute or claim arising under or in connection with this agreement where that party seeks urgent interlocutory relief.

18.10 This clause 18 shall not apply if this Agreement has been terminated.

19. SPECIAL CONDITIONS

19.1 This Agreement is subject to the Special Conditions. In the event of inconsistency between the Special Conditions and the provisions of the Agreement, the Special Conditions apply.

20. GENERAL

20.1 This Agreement is made under and governed by the laws of the State of New South Wales and both parties exclusively submit to the jurisdiction of courts of New South Wales and their respective appellate courts.

20.2 Notices to or by a party delivered in person are deemed to be given by the sender and received by the addressee at the address listed in this Agreement when delivered to the addressee: if by post, three (3) business days from and including the date of postage; or if by facsimile, when transmitted to the addressee provided that if transmission is on a day which is not a business day or is after 5.00 pm (addressee’s time) on the next business day.

20.3 Any provision or the application of any provision of the Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction. A waiver of any right must be in writing, and does not affect any other rights.

20.4 An amendment or variation to this agreement is not effective unless it is in writing and signed by the parties. This Agreement may be signed in counterparts.

20.5 The Client may not assign or transfer this Agreement at any time.

20.6 S365 may assign or novate this Agreement to a third-party or a related body corporate of S365 without the consent of the Client and the Client shall enter into any documentation reasonably requested by S365 to facilitate such assignment or novation. The Client hereby waives its entitlement to receive notice of assignment or novation of this Agreement in accordance with this clause.

SCHEDULE 1

Item 1 – Services

S365 Microsoft Manager includes:

  • Expert support team
    • Access local support via phone or Teams chat
  • Microsoft User Management
    • Adding and configuring new user accounts
    • Removing and deactivating unwanted user accounts
    • Resetting passwords
    • Ensuring Microsoft’s included security is activated
  • Microsoft Security Management
    • Configure and setup native security features within Microsoft Apps
    • Set up Multi Factor Authentication
    • Configure dedicated Admin Accounts
    • Protect against Ransomware & Phishing attacks
    • Protection against Malware in email
    • Add/Remove auto forwarding for email
    • Activate Office Message Encryption security
    • Activate and configure Safe Attachments and Safe Links for threat prevention and protection
    • Dependent on the features included in the purchased Microsoft licence
  • Unlimited Business Hours Remote Support
    • 8am to 6pm Monday to Friday AEDST
    • 24/7 monitoring

S365 Device Manager includes:

  • All S365 Microsoft Manager inclusions
  • Proactively safeguarding your remote workforce
    • Enable and configure devices for secure remote working for employees
    • Safeguarding your people, data and infrastructure
    • Proactive monitoring of each of your devices
  • Maximised Microsoft Benefits
    • Audit your current suite of software and identify where you are paying twice for a similar service e.g. OneDrive vs. Dropbox
    • Identify workflow, processes and automation opportunities within Microsoft 365 to improve efficiency and profitability
    • Assess your current IT infrastructure, how it can be improved with Microsoft 365.
    • Review and assist you with the determining the best suited Microsoft 365 services that align with your business objectives.
    • Configure your Microsoft apps and services to meet your specific business needs. e.g. Custom SharePoint Online sharing configurations
  • Integration and enabling of Microsoft Apps

 

Item 2 – Special Conditions
(if applicable)
N/A

SCHEDULE 2 - Fees

The below standard prices are excluding GST and other discounts, and charged per User/Firewall.

Service Monthly Price (ex GST)
S365 Microsoft Manager
$10.00
S365 Device Manager
$40.00
Microsoft Back Up
$6.00
Anti-virus
$4.00
Email Signature
$5.00
Email Protection
$5.00
Firewall Security
$55.00

The below discounted bundle prices are excluding GST and charged per User/Firewall.

Bundled pricing is ONLY available when two or more additional services are combined with an S365 Microsoft Manager or S365 Device Manager subscription.

Service Monthly Price (ex GST)
S365 Microsoft Manager
$10.00
S365 Device Manager
$40.00
Microsoft Back Up
$5.00
Anti-virus
$3.00
Email Signature
$4.00
Email Protection
$4.00
Firewall Security
$50.00

Schedule 3 – Service Levels

  • All problems and incidents are to be reported to S365 via email or through the client portal.

  • S365 must endeavour to provide an Initial and Technical Response to each issue logged with S365 in accordance with the times set out in the table set out at item 1 of this document.

  • S365 has no obligation under this agreement to respond outside of Business Hours to any issue logged under this agreement. For example, where S365 is working on an issue at 6 pm on a Friday night, S365’s obligations under this agreement cease until 8 am on the following Monday morning (assuming Monday is not a public holiday).

  • Where S365 responds outside of Business Hours to any issue logged under this agreement it may, subject to notifying the Client, charge on a time and materials basis for work conducted outside of Business Hours in response to that issue.

  • Where S365 attempts to provide an Initial Response or Technical Response and a Client representative is not available to speak with S365 analyst, S365 is taken to have completed the relevant response at the time that S365 attempts to make contact with the Client representative.

Item 1: Response Targets

Coverage Severity Initial Response Technical Response
Business Hours
Level 1
!5 minutes
45 minutes
Business Hours
Level 2
45 minutes
90 minutes
Business Hours
Level 3
60 minutes
8 Business hours
Business Hours
Level 4
240 minutes
40 Business hours

Item 2: Resolution Targets

Coverage Severity Technical Resolution
Business Hours
Level 1
16 Business hours
Business Hours
Level 2
32 Business hours
Business Hours
Level 3
56 Business hours
Business Hours
Level 4
160 Business hours

While S365 will use reasonable commercial effort to meet or exceed the resolution targets, in situations where in whole or in part S365 is dependent upon a third party to provide a resolution to a particular matter, then S365 cannot be held responsible for failure to the achievement of the appropriate resolution target.

Definitions

In the table the following terms have the following meanings:

  • Business Hours means 8am to 6pm Monday to Friday AEST excluding public holidays as observed by S365.

  • Initial Response is defined as S365 Client support agent contacting with a nominated Client representative on a particular matter to log a support incident including a triage of the matter and the assignment of a relevant incident severity level.

Item 3: Severity Level means a level (1, 2, 3 or 4) assigned to the issue by S365’s Client support agent in the course of the Initial Response in accordance with the following table:

Definition Severity
Critical functionality not available, a work around is not available and key business functions cannot be performed for a significant part of the Client business.
1
High Impact on functionality, but work around is available or business can continue to use the IT environment in a degraded capacity. Typically a larger number of users are affected
2
Medium impact typically only affecting a small number of users with partial system unavailability.
3
Low impact issues including functionality changes, requests for information and other low priority matters.
4

S365 may vary the severity of a particular matter should the matter need to be reclassified.

Technical Response is defined as a S365 technical support analyst contacting with a nominated Client representative on a particular matter to action a support incident. In the first instance this is normally via telephone and technical services may be performed remotely or via physically travelling to site dependent upon the nature of the problem. Subject to notifying the Client, charges on a time and materials basis for work conducted on site will apply.