Terms of Service

1. Agreement to Terms

By accessing or using the Cloudscape IT Consulting website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services. These terms constitute a legally binding agreement between you and Cloudscape IT Consulting Pty Ltd (ABN 88 680 959 531).

2. Definitions

• "Company," "we," "our," or "us" refers to Cloudscape IT Consulting Pty Ltd
• "Client," "you," or "your" refers to the individual or entity using our services
• "Services" refers to cybersecurity consulting, Essential Eight implementation, ISO 27001 consulting, and related IT services
• "Website" refers to cloudscapeit.au and related subdomains

3. Services Description

Cloudscape IT Consulting provides cybersecurity consulting services to Australian businesses, including but not limited to:

• Cybersecurity assessments and audits
• Essential Eight implementation and compliance
• ISO 27001 consulting and certification support
• Security awareness training
• Incident response planning
• Continuous security monitoring

4. Engagement Terms

4.1 Proposals and Acceptance: All services require a written proposal or statement of work accepted by both parties. The proposal will specify the scope, timeline, fees, and deliverables.

4.2 Service Level Agreements: Where applicable, specific service levels will be defined in the engagement documentation. We strive to meet all agreed timelines and quality standards.

4.3 Client Responsibilities: You agree to provide timely access to necessary systems, information, and personnel required for us to perform the services. Delays caused by lack of client cooperation may affect project timelines.

5. Fees and Payment

5.1 Fees: Our fees are specified in the engagement proposal. Unless otherwise stated, fees are quoted in Australian Dollars (AUD) and exclude GST.

5.2 Payment Terms: Payment terms are 14 days from the date of invoice unless otherwise agreed in writing. Late payments may incur interest charges at the rate of 10% per annum.

5.3 Expenses: Reasonable out-of-pocket expenses incurred in performing services (such as travel, accommodation, and third-party tools) will be charged to the client with prior approval.

6. Confidentiality

We acknowledge that in performing our services, we may have access to confidential information. We agree to maintain strict confidentiality and not disclose any confidential information to third parties without prior written consent, except as required by law. This obligation survives termination of our engagement.

7. Intellectual Property

7.1 Pre-existing Materials: All intellectual property rights in our methodologies, tools, and pre-existing materials remain our property.

7.2 Deliverables: Upon full payment, you receive a non-exclusive, perpetual license to use the deliverables created specifically for your engagement, for internal business purposes only.

7.3 Website Content: All content on our website, including text, graphics, logos, and images, is our property and protected by copyright and other intellectual property laws.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, our total liability for any claim arising from our services is limited to the amount paid by you for the specific services giving rise to the claim.

8.2 We are not liable for any indirect, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities.

8.3 Our recommendations and assessments are based on information provided by you and industry standards at the time. We cannot guarantee absolute security or compliance outcomes.

9. Indemnification

You agree to indemnify and hold harmless Cloudscape IT Consulting, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, your breach of these terms, or your violation of any rights of third parties.

10. Termination

10.1 Either party may terminate an engagement with 30 days' written notice.

10.2 We may terminate immediately if you breach these terms or fail to make payment when due.

10.3 Upon termination, you remain liable for all fees incurred up to the termination date.

11. Governing Law

These Terms of Service are governed by the laws of New South Wales, Australia. Any disputes arising from these terms or our services will be subject to the exclusive jurisdiction of the courts of New South Wales.

12. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the modified terms.