For professional pentesters who work alone.
For small pentesting teams and startups.
For medium-sized pentest teams and boutiques.
For large consultancies and small-to-medium enterprises.
1.1 These Terms are between AttackForge Pty Ltd ABN 50 638 177 590 its successors and assignees (referred to as "we", "us" or "our") and you, the person, organisation or entity that purchases Services from us (referred to as "you" or "your"), and collectively the Parties. These Terms apply to all sales made by us to you.
1.2 You have requested Services from our Site. You accept these Terms by:
(a) ticking the online acceptance box;
(b) confirming by email that you accept the Terms;
(c) instructing us to proceed with the Services; or
(d) making part or full payment for the Services, set out in our tax invoice to you.
1.3 You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Using or purchasing our Services indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order or use the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not use or purchase our Services from us.
1.4 Unless otherwise agreed, we will not commence performing the Services until you have paid the deposit or first instalment of our Fees.
2.1 Access to some of our Services will require you to register for an account. It is your responsibility to keep the details of your account, including user name and password, confidential. You are liable for all activity on your account, including any purchases made using your account details.
2.2 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
2.3 The estimated period for us to provide the Services is set out on the Site.
2.4 We agree to provide the Services to you with due care and skill, in a timely manner using qualified professional employees and/or contractors.
2.5 Third parties who are not our employees or our direct contractors will be your responsibility. We are not responsible for the products or services provided by third parties.
2.6 If you request amended or additional Services, we have discretion as to whether we perform this variation for you and whether an adjustment to the Fee may be required. If we are unable to accommodate the variation, we may request that we be paid for Services performed to date and terminate these Terms.
2.7 If we agree to perform a variation, we will invoice you for any additional fee applicable. You must pay that fee before we commence work on the variation.
3.1 You agree to pay us the amounts set out on our Site and any deposit required. All amounts are stated in United States dollars. All amounts exclude Australian GST (where applicable). You may be required to make payment by way of the credit card payment gateway on the Site when purchasing Services.
3.2 If you are not required to pay upfront using a payment method such as referred to above, you agree to pay our invoices by the payment date set out on the invoice. If you do not pay by the payment date, we may cease to provide the Services to you until we receive payment of the invoice.
3.3 If any amounts are unpaid after the payment date, we may:
(a) terminate the Services;
(b) charge interest on those amounts at the rate of 2% per month, calculated daily and compounding monthly;
(c) engage debt collection services and commence legal proceedings for any outstanding amounts owed to us; and/or
(d) report bad debts to independent credit data agencies.
3.4 These Terms may be amended from time to time at our discretion. The changes will apply to you for Services ordered by you after the date of the change.
4.1 You warrant that throughout the term of these Terms that:
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will cooperate with us and provide us with a single point of contact but also reasonable access to key personnel and all information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
(c) the information you provide to us or upload onto our platform is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Services;
(e) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
(f) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
(h) if applicable, you hold a valid ABN which has been advised to us; and
(i) if applicable, you are registered for GST purposes.
5.1 The deliverables that we provide to you in carrying out the Services contain material which is owned by or licensed to us and is protected by Australian and international laws. We own the Intellectual Property rights in the deliverables including but not limited to copyright which subsists in all creative and literary works incorporated into them.
5.2 You agree that, as between you and us, we own all Intellectual Property rights in our deliverables, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our deliverables, except as stated in these Terms or with our written permission.
5.3 Your use of our deliverables does not grant you a licence, or act as a right to use, any Intellectual Property in the deliverables, whether registered or unregistered, except as stated in these Terms or with our written permission.
5.4 You must not breach our Intellectual Property rights.
5.5 We grant you a time-based, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the deliverables for your own internal business purposes provided they are kept confidential by you and any third parties with whom it is necessary to share them also agree to keep them confidential.
6.1 If you provide information including any Intellectual Property to us, then you:
(a) warrant that you have all necessary rights to provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
6.2 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us;
(b) irrevocably consent to us using or applying the Intellectual Property without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.
7.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, third party suppliers); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.
7.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
7.3 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
7.4 This clause will survive termination of these Terms.
8.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
8.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute.
(b) If the Parties cannot agree how to resolve the dispute at the initial meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
8.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
9.1 You may cancel the Services by providing us with notice in writing, or through authorised functionality within the Services. Refunds are not provided for cancellation.
9.2 Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
9.3 We may terminate these Terms immediately, at our sole discretion, if:
(a) we consider that a request for the Service is inappropriate, improper or unlawful;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Services;
(c) we consider that our working relationship has broken down including a loss of confidence and trust;
(d) you act in a way which we reasonably believe will bring us or our Site into disrepute;
(e) you provide us with incorrect payment details or any other incorrect information;
(f) you fail to pay an invoice by the payment date; or
(g) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
9.4 On termination of these Terms you agree that any deposit or payments made are not refundable to you, and you are to pay all invoices for Services rendered to you prior to the date of termination.
9.5 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
9.6 On completion of the Services, we will retain your documents (including copies) as required by our backup policies, law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with our backup policies and the statutory periods, or on termination of these Terms.
9.7 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
10.1 ACL: If you are a consumer as defined in the ACL, the following applies to you: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, (unless we consider and disclose that this purpose is not achievable); and will be supplied within a reasonable time. You are entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.” To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
10.2 Delay: Where the provision of Services depends on your co-operation, information or response, we have no liability for a failure to perform the Services in the estimated period where it is affected by delay in providing us access to your systems, your delay in response, or your supply of incomplete or incorrect information. You acknowledge that in this event you may incur additional costs for the Services.
10.3 Referral: We may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
10.4 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all deliverables are provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
10.5 Exclusion: To the extent permitted by law, we exclude all liability for:
(a) the Services being unavailable; and
(b) any Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any loss or damage relating to business interruption or otherwise suffered by you or made against you, arising out of or in connection with your inability to access or use the Services, your use of the Services or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
10.6 Disclaimers: Our Services:
(a) are not legal advice and any potential legal liability or compliance issues that are raised by us are raised in good faith and you should seek your own professional legal advice on your exposure to them;
10.7 Limitation: Our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD $100) if no such payments have been made, as applicable.
10.8 This clause will survive termination of these Terms.
11.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms by you; (c) any misuse of the Services, the Site or the Deliverables from or by you, your employees, contractors or agents; and
(d) your breach of any law or third party rights.
11.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
11.3 This clause will survive termination of these Terms.
12.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
12.2 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you, including but not limited to mentioning you on our Site and in our promotional material.
12.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
12.4 GST: If and when applicable, GST payable on the Services will be set out on our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
12.5 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
12.6 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
12.7 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
12.8 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate these Terms by giving you 5 business days' notice in writing.
12.9 Notice: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to you at the address in your account. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours after posting in the case of post, or at the time of transmission in the case of transmission by email.
12.10 Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
12.11 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
13.1 ACL means the Australian Consumer Law.
13.2 Business Day means a day that is not a Saturday, Sunday or bank or public holiday in Victoria.
13.3 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
13.4 Confidential Information includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as "confidential".
13.5 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
13.6 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
13.7 Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
13.8 Services means the information security consultancy services and deliverables described on our Site and as otherwise described in a project created by you and uploaded to the Site.
13.9 Site means attackforge.io and any subdomain on attackforge.io.
13.10 Terms means these online terms and conditions.
AttackForge Pty Ltd ABN 50 638 177 590
PO Box 468 Collins Street West, Melbourne, Victoria 8007 Australia
info@attackforge.com
Last update: 15 May 2022
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.