ITA Cyber

Terms & Conditions

Here’s the revised Terms and Conditions for ITA-CYBER:

Terms and Conditions

Last Updated: June 2024

Welcome to ITA-CYBER (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website and the services provided by ITA-CYBER. By accessing or using our website or services, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing our website or using our services, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not use our website or services.

2. Services

ITA-CYBER provides cybersecurity and penetration testing services (“Services”). The scope of the Services will be outlined in a separate agreement or statement of work (“SOW”) between you and ITA-CYBER. Any changes to the scope must be agreed upon in writing.

3. Client Responsibilities

You agree to:

  • Provide Accurate Information: You will provide accurate and complete information necessary for us to perform the Services.
  • Cooperate: You will cooperate with us and provide access to systems, personnel, and information as needed to perform the Services.
  • Comply with Laws: You will ensure that your use of our Services complies with all applicable laws and regulations.

4. Confidentiality

Both parties agree to keep confidential all information disclosed during the performance of the Services. This includes any proprietary or sensitive information. Confidentiality obligations do not apply to information that is publicly available or independently developed.

5. Fees and Payment

  • Fees: The fees for our Services will be outlined in the SOW or service agreement. Fees are subject to change with prior notice.
  • Payment Terms: Payment is due as specified in the invoice. Late payments may be subject to interest charges as outlined in the service agreement.
  • Taxes: You are responsible for any applicable taxes related to the Services.

6. Intellectual Property

  • Ownership: All intellectual property rights in the materials and deliverables we create as part of the Services remain the property of ITA-CYBER, unless otherwise agreed in writing.
  • License: We grant you a non-exclusive, non-transferable license to use the deliverables solely for your internal business purposes, as specified in the SOW.

7. Limitation of Liability

  • No Warranty: The Services are provided “as is,” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Limitation: To the maximum extent permitted by law, ITA-CYBER shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to the Services.
  • Cap on Liability: Our total liability for any claim arising out of or related to these Terms or the Services shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless ITA-CYBER, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or related to your use of the Services or any breach of these Terms.

9. Termination

  • Termination by You: You may terminate the Services at any time by providing written notice to us, subject to any terms and conditions in the SOW or service agreement.
  • Termination by Us: We may terminate the Services or suspend your access to our website or Services if you breach these Terms or fail to pay for the Services.
  • Effect of Termination: Upon termination, you will pay for all Services rendered up to the termination date, and any licenses granted will terminate immediately.

10. Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws principles.

11. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in Australia, in accordance with the rules of laws of Australia.

12. Amendments

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website or Services after any such changes constitutes your acceptance of the new Terms.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

ITA-CYBER
support@ITA-CYBER.com