Terms and Conditions

1. Introduction

1.1 These Terms and Conditions ("Agreement") govern the provision of cyber security consultancy services ("Services") by Local Defence Brisbane ("Consultant") to the client ("Client"). By engaging the Services of the Consultant, the Client agrees to be bound by this Agreement.

1.2 For the purpose of this Agreement, the business name ‘Local Defence Brisbane’ refers to the legal sole trader business name Rainer Peter Tietz for the Australian Business Number 22316252182.

2. Services

2.1 The Consultant will provide cyber security consultancy services to the Client as agreed upon between the two parties. The Services may include but are not limited to risk assessments, security audits, firewall configuration, router configuration, software installation, and security training.

2.2 The Consultant will provide the Services with reasonable care and skill in accordance with industry standards. However, the Client acknowledges that cyber security is a constantly evolving field, and the Consultant cannot guarantee that all risks or vulnerabilities will be identified or mitigated.

3. Limitation of Liability

3.1 The Client acknowledges that the nature of cyber security consultancy services is inherently complex and unpredictable. The Client agrees that the Consultant shall not be liable for any damages resulting from the Client's failure to implement recommended security measures or follow best practices.

3.2 The Consultant shall not be liable to the Client for any indirect, consequential, or incidental damages, including but not limited to loss of profits, data, reputation, or business interruption. The Client agrees that the Consultant's liability under this Agreement is limited to the fees paid by the Client for the Services.

3.3 The Client acknowledges that no system can be entirely secure, and the Consultant cannot guarantee that the Client's systems will be immune from cyber attacks or breaches.

4. Indemnification

4.1 The Client agrees to indemnify, defend, and hold harmless the Consultant, its officers, employees, and agents from and against any and all claims, losses, liabilities, damages, and expenses arising out of or in connection with the Client's use of the Services. This includes but is not limited to claims arising from data breaches, unauthorized access, or cyber attacks.

4.2 The Client agrees to indemnify the Consultant for any third-party claims arising from the Client’s actions or negligence, including but not limited to claims related to intellectual property infringement, data privacy violations, or breach of contract.

4.3 The Client agrees to promptly notify the Consultant of any claims or potential claims that may give rise to indemnification under this Agreement.

5. Confidentiality

5.1 The Consultant agrees to maintain the confidentiality of all information provided by the Client and to use such information solely for the purpose of providing the Services. This includes any sensitive data, proprietary information, or security measures disclosed by the Client.

5.2 The Client agrees to maintain the confidentiality of any proprietary information provided by the Consultant, including but not limited to methodologies, tools, and best practices shared during the course of the Services.

5.3 The obligations of confidentiality under this Agreement shall survive the termination of the Services.

6. Termination

6.1 Either party may terminate this Agreement by providing written notice to the other party. In the event of termination, the Client shall pay the Consultant for all Services rendered up to the date of termination.

6.2 The Consultant reserves the right to suspend or terminate the Services immediately if the Client breaches any provision of this Agreement, fails to make payment as agreed, or engages in conduct that may harm the Consultant's reputation or business.

7. Governing Law

7.1 This Agreement shall be governed by and construed in accordance with the laws of the Queensland Government. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Queensland.

8. Entire Agreement

8.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

By engaging the Services of the Consultant, the Client agrees to be bound by these Terms and Conditions.