Current as of 28/01/2022
These Service Terms and Conditions form part of the Contract between you and us to the extent that your Order includes a new Microsoft 365 Subscription or an increase or upgrade to a current Microsoft 365 Subscription. Please read these Service Terms and Conditions carefully.
1. Definitions and interpretation
1.1 In these Service Terms and Conditions:
“Effective Date” means:
(a) in the case of a new Microsoft 365 Subscription, the date that the subscription commences; or
(b) in the case of an increase or upgrade to a current Microsoft 365 Subscription, the date the increase or upgrade commences;
“General Terms and Conditions” means our General Terms and Conditions available at https://conetix.com.au/terms/general-terms-and-conditions/, as amended from time to time in accordance with the General Terms and Conditions;
“Microsoft 365 Subscription” means Microsoft 365 software offered by Microsoft on a subscription basis; and
“Subscription Term” means the period commencing on the Effective Date and ending on the last day of the term of the subscription (i.e. 1 month, 12 months or 36 months) or the last day of any renewal of the term.
2. Separate Contracts
2.1 If your Order includes more than one new Microsoft 365 Subscription, a separate Contract between you and us will be created for each Microsoft 365 Subscription.
2.2 If your Order includes an increase or upgrade to a current Microsoft 365 Subscription, the Contract for the current Microsoft 365 Subscription will automatically be varied to incorporate the increase or upgrade.
3. Microsoft Customer Agreement
3.1 You acknowledge and agree that by placing an Order for a Microsoft 365 Subscription you automatically accept the Microsoft Customer Agreement available at https://www.microsoft.com/licensing/docs/customeragreement and authorise us to confirm your acceptance of that agreement with our distributor and Microsoft.
3.2 You acknowledge and agree that by placing an Order for a Microsoft 365 Subscription you authorise Conetix Pty Ltd to have delegated admin roles, giving Conetix Pty Ltd full access to all of your organisiations services, subscriptions and data. See the Microsoft Customer Agreement https://www.microsoft.com/licensing/docs/customeragreement for more infromation.
4. Term
4.1 The Contract shall come into force upon the Effective Date.
4.2 The Contract shall continue in force for the Subscription Term, subject to termination in accordance with Clause 15 of the General Terms and Conditions.
5. Charges and Payments
5.1 We shall issue invoices for the Charges to you as follows:
(a) for month-to-month Subscription Terms – on the first day of each Subscription Term;
(b) for Subscription Terms of 12 months paid monthly – on the first day of the Subscription Term and then monthly thereafter;
(c) for Subscription Terms of 12 months and 36 months paid in full in advance – on the first day of the Subscription Term;
5.2 You must pay the Charges to us upon issue of the invoices in clause 5.1.
5.3 You acknowledge and agree that you will be liable for the Charges for each subscription for the full duration of the Subscription Term even if the Contract is terminated earlier.
5.4 If the Contract is terminated before the end of the Subscription Term, the balance of all amounts that would have become payable for the duration of the Subscription Term will immediately become due and payable to us upon issue of an invoice to you.
5.5 We may in our sole discretion allow you to pay the balance referred to in Clause 5.4 in accordance with a payment schedule that aligns with how the Charges would have been payable if the Contract had not been terminated before the end of the Subscription Term.
5.6 Without prejudice to our other rights, if a payment is not made in accordance with the payment schedule referred to in Clause 5.5, all amounts payable under the payment schedule will automatically be accelerated so that they become due and payable on written demand by us.
5.7 You indemnify us for and against all liability we may incur to our distributor or Microsoft as a result of your dealings with a Microsoft 365 Subscription, including suspension of the subscription or the early termination of a Contract.
6. Survival
For the purposes of Clause 16.1 of the General Terms and Conditions, the following provisions of these Service Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 5 and 6.