Standard Terms & Conditions
1. DEFINITIONS
1.1. “InfoSec Service Authorisation Email” means the Company’s Quotation to be signed or approval via return email by the Client and submitted to Company when ordering BitSecure Services;
1.2. “Client” means the individual(s) and/or organisation(s) to whom the Company is providing Services and who has signed and completed a Service Quote;
1.3. “Company” means BitSecure (ABN 62618672379)
1.4. “Conditions” means the terms and conditions set out in this Contract;
1.5. “Confidential Information” means all tangible and intangible information designated as confidential by any party in writing together with all other information which may reasonably be regarded as confidential including, but not limited to, details of the Clients’ System, procedures, network configuration and topology, passwords, private encryption keys and details of the Company’s methodologies;
1.6. “Consultant” means the individual(s) provided by Company for the performance of the ISO27001 Consultancy Services;
1.7. “Contract” means the contract formed by these Terms and Conditions together with the Proposal and the Penetration Test Service Quote;
1.8. “Privacy Act 1988” shall mean: The Privacy Act is the principal piece of Australian legislation protecting the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information in the federal public sector and in the private sector. Please visit the Australian Privacy Act.
1.9. “Event of insolvency” means if the Client is unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986) or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), ceases or threatens to cease to carry on its business or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed overall or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction;
1.10. “Fees” means Company’s fees for the Services as detailed in the Service Quote or Proposal, and all reasonable expenses incurred by the Consultant in carrying out the ISMS desinging which will be agreed in advance with the Client;
1.11. “Force Majeure” means any cause preventing either Party from performing any or all of its obligations under these Conditions which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Party so prevented;
1.12. “Intellectual Property Rights” (IPR) means any copyright, patent, design patent, registered design and design rights, utility models, trademarks, service marks, an application for any of these or the right to supply for the same, trade secrets, know-how, database rights, moral rights, confidential information, trade or business names and any other industrial and proprietary and other similar protected rights in any country and any licences under or in respect of such rights;
1.13. “Party” means any party to, or the parties to, this Contract;
1.14. “Personal Data” has the meaning given to that term in Data Protection Laws;
1.15. “Proposal” means the proposal for the ISMS Services provided by Company to the Client detailing the scope of work all or some of which may be accepted by the Client in their purchase order;
1.16. “ISMS Services” means the provision of services as described in the Proposal made by the Company to the Client;
1.17. “Start Date” means the date the designing will start to be provided as confirmed by the Company in writing to the Client;
1.18. “System” means the systems, networks, processes and policies, whether technical or not, which the Client requires to be security tested described in the Proposal made by the Company to the Client and pursuant to this Contract;
1.19. “Report” means the report produced by the Company detailing the results of the audits;
2. FEES, PAYMENT & CANCELLATIONS
2.1 Subject to 2.2 below and unless otherwise agreed, the Fees payable under this Contract shall be invoiced on delivery of the Report or, if none is to be provided, on completion of the audit. Invoices are due for payment within 7 days of the date of the invoice. All payments due under this Contract shall become due immediately upon termination of this Contract despite any other provision in this Contract. All payments due under this Contract shall be made without any deduction by way of set off, counterclaim, discount or abatement or otherwise.
2.2 The Company shall be entitled to interest on any payment not paid when properly due pursuant to the terms of these conditions, calculated from day to day at a rate per annum equal to 3% above the base rate of the Commonwealth Bank of Australia and payable from the day after the date on which payment was due up to and including the date of payment (whether before or after judgment).
2.3 All sums under the Contract are unless otherwise stated, exclusive of GST. Any GST payable in respect of such sums shall be payable in addition to such sums and shall be payable in addition to such sums, at the rate from time to time prescribed by law on delivery of a valid GST invoice.
2.4 The Company reserves the right to invoice the Client upon acceptance of the order an amount of 10% of the estimated Fees that will be charged for the performance for the Security Testing to cover the costs of initiating and preparing for the performance of the Security Testing (“Initial Fee”). The Initial Fee will be treated as a payment on account of the total Fees charged for the Security Testing.
2.5 You have the right to cancel your order within 1 day, without providing any reason to do so, before the service quotation expires.
The deadline for cancelling an Order is 24 hours before the service quotation expires.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
By visiting this page on our website: https://bitsecure.com.au or via email to info@bitsecure.com.au.
We will not be able to process any refunds after you approve the service quote for the penetration test services and after the tests have been carried out.
3. CONFIDENTIALITY
3.1 Each party will not disclose or permit its employees, agents and sub-contractors to disclose any Confidential Information entrusted to it by the other party provided always that this restriction shall not apply to information already in the receiving party’s possession, or which comes into the public domain other than by breach of this obligation by the receiving party or its employees, agents and sub-contractors, or which is disclosed to the receiving party or which is required to be disclosed pursuant to any law or regulation or by the rules of any stock exchange or by a court of competent jurisdiction. If Confidential Information is required to be disclosed pursuant to any law or regulation or by the rules of any stock exchange or by a court of competent jurisdiction then the Receiving Party shall notify the Disclosing Party prior to any disclosure.
4. DATA PROTECTION
4.1 In the course of providing services, the Company may obtain Personal Data from the Client. The Client confirms that it has obtained all consents required from data subjects to enable such Personal Data to be disclosed to the Company and made all necessary registrations and notifications in accordance with applicable Data Protection Laws to enable the Company to carry out the Security Testing and the Client will ensure the same are kept accurate and up to date.
4.2 We hold personal information electronically and in hard copy form, both at our own premises and through the use our service providers. We implement a range of measures to protect the security of personal information such as, but not limited to: electronic access controls, premises security and network firewalls.
4.3 Personal Information is generally collected via our website or over the phone when you contact BitSecure to enquire or obtain its cybersecurity services. We may also collect Personal Information directly from our clients in relation to the provision of cybersecurity services. For example, for forensic analysis or as part of a cybersecurity assessment or audit. We will only do so where it is lawful, and where we hold the appropriate consents.
5. FORCE MAJEURE
5.1 Neither party to the Contract shall be deemed to be in breach of these conditions or otherwise liable to the other party in any manner whatsoever for any failure or delay in performing its obligations to the extent that the same is caused by Force Majeure. In the event the Force Majeure continues for a continuous period in excess of thirty (30) working days, either party shall be entitled to give notice in writing to the other party.
6. GENERAL
6.1 The Company does not give any warranty or undertaking or make any representation (either express or implied) as to the completeness or accuracy of any information provided to the Client prior to this Contract which relates to or is provided in respect of these terms and conditions by or on behalf of the Company.
6.2 Company believes that the statements made in the final report are accurate, but no warranty of completeness, accuracy, or reliability is given in relation to the statements and representations made by the Client’s personnel, including vendors who provide a service to the company.
6.3 These standard terms and conditions together with the ISMS Service Quote and Approval via Signed Quote or Email and the Proposal, shall constitute the entire agreement between the Parties and supersede any previous agreement or understanding and may not be varied except in writing between the Parties and signed by their respective authorised signatories. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. As regards audit, in the event of any conflict between any of the terms of these documents the following order shall prevail:
(1) ISMS Service Quote and Approval via Signed Quote or Email;
(2) the terms and conditions in this Contract; and
(3) Proposal.