Date: 12 February 2024
These are the Service Terms for the MailGuard 365 powered by MailGuard service (the Service), the Service Description for this Service is set out at https://melbourneit.au/email-hosting/mailguard-365/.
Our Universal Terms of Service apply to these Services.
Any terms used and not defined in these Service Terms have the same meaning as given to them in the Universal Terms of Service.
1.1 If you have purchased a Service with a minimum term, your minimum total cost is set out in the Service Description.
1.2 You may upgrade your fixed term Service at any time provided you pay any increased fees that apply to the upgraded Service; your upgraded Service will commence from the beginning of the billing month after you have given notice of the upgrade. If you wish to downgrade a fixed term service, you may only do so if there is more than 6 months remaining in your fixed term, and by providing 6 months’ notice.
2.1 MailGuard 365 Email Filtering service is available for use by customers of Microsoft’s Office 365 product where Melbourne IT manage the customers tenant under a Cloud Service Provider agreement. Our Service (Service):
2.1.1 utilises AI (Artificial intelligence) threat detection engines, to predict, anticipate and learn about new and emerging threats via email;
2.1.2 quarantines email spam, email malware, phishing emails and viruses contained in emails by placing it in spam/junk or trash folders; and
2.1.3 allows you to customise account settings through a customer console.
2.2 You acknowledge that viruses, trojans, spam, phishing emails and other malware are often fast developing and are often unknown to security software – this is not a defect in our Service.
2.3 MailGuard 365 is an Email Filtering service operated by MailGuard Pty Ltd (MailGuard) in conjunction with Microsoft’s Office 365 product suite supplied by Microsoft Corporation (Microsoft) and a domain name registered and supplied separately by you (Supplied Domain Name).
2.4 The Service also includes software licences for MailGuard products (MailGuard 365 Software) which will be available to you during the term of Service and revoked at the termination of Service.
2.5 You acknowledge and accept that it is your responsibility to register, maintain and renew the Supplied Domain Name associated with the Service. Should the Supplied Domain Name expire or fail for any reason causing the functioning of the Service to be affected, you agree that you will remain liable for any ongoing Service fees.
2.6 MailGuard 365 protects every mailbox in your organisation, so a license will be created for every mailbox and your organisation will be billed for every mailbox associated with the Microsoft tenant ID provided.
2.7 We will setup and activate your MailGuard 365 using the Supplied Domain Name and notify you once this has completed. If you add new Microsoft licences to your Microsoft tenant ID you will be billed for the additional MailGuard licences at the same amount as your Microsoft tenant ID. Service fees will be adjusted on the next invoice after the mailbox increase.
2.8 We will provide you with technical support to access your insights dashboard as part of this Service. You acknowledge and agree that technical support for MailGuard 365 may be limited to online resources only.
3.1 You acknowledge you have read and agree to be bound by:
3.1.1 The MailGuard 365 Service Order;
3.1.2 any other terms by MailGuard related to this Service; which are incorporated into these Service Terms
4.1 You warrant that:
4.1.1 you have all necessary rights to any software, services or data you may use with this Service; and
4.1.2 your access and use of this Service will not infringe any applicable laws or regulations or third party’s intellectual property rights.
4.2 You acknowledge and consent to MailGuard receiving, accessing, transferring, processing and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.
4.3 You acknowledge and agree that MailGuard and any affiliated/related entity has the right to require due performance of these Service Terms.
5.1 We may offer a free trial of our Service, where we agree, we will notify you in writing. If we give you a free trial of a Service:
5.1.1 there are no Subscription Fees payable for the free trial period.
5.1.2 unless our free trial offer specifies otherwise, the ‘Free Trial Period’ is 30 days from and including the date you activate your Service and ending at 5pm AEST on the final day of that period.
5.1.3 you may terminate your Service any time in the Free Trial Period.
If you do not terminate within the Free Trial Period, your agreement with us for the Service will continue from the end of the Free Trial Period.