Terms of Service

Last updated: April 2024  |  Cyber Security Consulting Services Pty Ltd (ABN 98 144 950 505)

1. Parties and Agreement

These Terms of Service ("Terms") apply to the use of the website at cybersecurityconsultingservicespty.site ("Website") and the cybersecurity consulting services ("Services") provided by:

References to "we", "us" or "our" mean Cyber Security Consulting Services Pty Ltd. References to "you" or "client" mean the individual or organisation accessing our Website or engaging our Services.

2. Website Use

By accessing our Website, you agree to use it only for lawful purposes and in accordance with these Terms. You must not:

• Use the Website in any way that violates any applicable Commonwealth, State or Territory law
• Transmit unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth)
• Attempt to gain unauthorised access to any part of our Website or our systems
• Transmit any harmful, malicious or disruptive code or content
• Use automated tools to scrape, crawl or index our Website without permission

3. Services Agreement

The provision of cybersecurity consulting services is governed by a separate Statement of Work (SOW) or service agreement entered into between us and the client. These Terms apply in addition to any such agreement. In the event of inconsistency between a signed SOW and these Terms, the SOW prevails.

3.1 Engagement Scope

All penetration testing, vulnerability assessments and other active security testing engagements are conducted within an agreed, documented scope. Testing outside of agreed scope is strictly prohibited. We operate under a formal Rules of Engagement (RoE) document for all technical assessments.

3.2 Authorisation

You warrant that you have the legal authority to authorise us to conduct the agreed security testing activities on systems and data within the agreed scope. You indemnify us against any claims arising from a failure to obtain such authorisation.

3.3 Client Obligations

You agree to:

• Provide accurate and complete information necessary for us to deliver the Services
• Ensure appropriate authorisations and change management approvals are in place before active testing
• Notify relevant internal teams (IT, legal, management) prior to the commencement of testing
• Promptly notify us of any outages, incidents or system changes that may affect the engagement

4. Fees and Payment

Fees for Services are as set out in the applicable SOW or proposal. Unless otherwise agreed:

• Invoices are due within 14 days of the invoice date
• All fees are quoted in Australian Dollars (AUD) inclusive of GST where applicable
• Late payments may attract interest at the rate of 10% per annum calculated daily
• We reserve the right to suspend or withhold delivery of Services pending payment of outstanding invoices

5. Intellectual Property

All intellectual property rights in our methodologies, tools, templates, reports and Website content are owned by us or our licensors. Upon full payment of fees, we grant you a non-exclusive licence to use deliverables (e.g., assessment reports) for your internal business purposes.

You retain ownership of all data and systems you provide access to. You grant us a limited licence to access such data and systems solely to the extent necessary to deliver the agreed Services.

6. Confidentiality

Each party agrees to keep the other party's confidential information strictly confidential and not to disclose it to any third party without prior written consent, except where required by law, a court order or a government authority.

Our reports and deliverables constitute your confidential information. We treat all client data accessed during engagements as strictly confidential.

7. Limitation of Liability

To the maximum extent permitted by law (including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)):

• Our total aggregate liability to you for any claim arising out of or in connection with the Services or these Terms is limited to the fees paid for the specific engagement giving rise to the claim
• We are not liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profit, revenue, data or business opportunity
• We do not warrant that our Services will identify every vulnerability or that your systems will be completely secure following our engagement

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

8. Indemnification

You indemnify us and our officers, employees and agents against any loss, damage, liability, cost or expense (including legal costs on a full indemnity basis) arising from: (a) your breach of these Terms; (b) your negligence or wilful misconduct; or (c) your failure to obtain appropriate authorisations for testing activities.

9. Termination

Either party may terminate a Services engagement on 14 days' written notice. We may immediately suspend or terminate Services if you breach these Terms or any applicable law, or if continued performance would require us to act unlawfully or unethically. On termination, you remain liable for fees for Services delivered up to the date of termination.

10. Privacy

We handle all personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). The Privacy Policy forms part of these Terms.

11. Disclaimer

Our Website and any information on it are provided on an "as is" basis. We make no warranties, express or implied, regarding the accuracy, completeness or fitness for purpose of information on the Website. We are not responsible for any third-party websites linked from our Website.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, and applicable Commonwealth law. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, and the Federal Court of Australia sitting in Victoria, for the resolution of any dispute arising out of or in connection with these Terms.

13. Severability

If any provision of these Terms is held to be invalid, unenforceable or illegal, it will be severed from the Terms and the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms, together with any signed SOW or service agreement and our Privacy Policy, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior representations, negotiations and agreements.

15. Contact

For any questions about these Terms, please contact us at: