CBIT Terms & Conditions
CBIT Pty Limited t/as CBIT Digital Forensics Services
(“CBIT”, “CDFS”, “SDR”, “CDR”, “we”, “us”, “our”)
and
the Client
(“Client”, “Customer”, “you”, “your”)
1. Authorisation
This offer supersedes and replaces all prior terms, conditions, proposals, or offers exchanged between the parties, whether written or verbal. Any additional or different terms previously proposed will not be binding unless expressly agreed to in writing by both parties.
We reserve the right to amend errors and omissions, estimated dates, quantities, and specifications at any time before delivery. Additionally, we may adjust our pricing to reflect any increase in costs due to factors beyond our control, including but not limited to foreign exchange fluctuations, currency regulations, duty alterations, and increases in the cost of time, labour, materials, or freight.
CBIT Pty Limited is governed by and construed in accordance with the laws of the Australian Capital Territory, Australia.
Force Majeure: CBIT shall not be liable for any failure to perform its obligations under this agreement if such failure results from any cause beyond CBIT’s reasonable control, including but not limited to natural disasters, war, terrorism, government regulations, or any other unforeseen events. In such cases, CBIT will make reasonable efforts to mitigate the impact.
All purchase orders are non-refundable once placed. Warranties are provided by the relevant vendor unless otherwise specified. CBIT will assist in facilitating warranty-related processes; however, any additional costs are determined solely by the vendor. If a product becomes unavailable after acceptance but prior to delivery, it will be replaced or substituted with the next closest equivalent product, subject to your final approval.
2. Exchange Rates
We reserve the right to re-quote if the exchange rate fluctuates by ±2 cents. CBIT will not notify the Client of any exchange rate fluctuations.
3. Confidentiality
We will treat all information obtained from you that you reasonably and in good faith deem confidential or proprietary as confidential. Such information will only be used in connection with the performance of services provided to you. We will employ at least the same degree of care to protect your confidential and proprietary information as we use to protect our own similarly sensitive information, and no less than a commercially reasonable degree of care, to prevent unauthorised use, access, or disclosure.
Confidentiality Obligations: These obligations shall survive the termination of this agreement for a period of seven (7) years.
Return or Destruction: Upon termination of this agreement, CBIT will return or destroy all confidential information received from the Client, at the Client’s discretion.
Breach Consequences: In the event of a breach of confidentiality, the Client is entitled to seek injunctive relief and any other remedies available under Australian law.
The above restrictions do not apply to any confidential information that:
- Is required by law or applicable professional standards to be disclosed;
- Is or becomes publicly available without breach of any confidentiality obligation;
- Is known to us without breach of any confidentiality obligation; or
- Is independently developed by us without reference to your confidential information.
4. Payment Terms
Standard Clients:
Payment is required prior to the commencement of services or the ordering and delivery of goods, unless alternative arrangements have been agreed in writing.
Australian Government Departments:
For Australian government departments, payment is due within 20 days of the invoice date upon receipt of an official Purchase Order.
Freight terms are EXW (Ex Works), based on acceptance of the specified items, and are dependent on weight and volume. The buyer is responsible for insurance, import duties, taxes, and any other charges.
Late Payment Penalties: Any payment not received by the due date will incur interest at a rate of 2% per month until payment is made in full.
Dispute Resolution for Payments: In case of a payment dispute, the Client must notify CBIT in writing within 7 days of the invoice date, outlining the nature of the dispute.
Invoice Details: All invoices will include the invoice number, date, description of services or goods provided, amount due, and payment instructions.
5. Credit Card Surcharges
Payments made via VISA or MasterCard will incur a surcharge of 1.5% per transaction. We encourage the use of alternative payment methods to avoid additional fees.
Regulatory Compliance: This surcharge complies with all applicable Australian laws and regulations regarding credit card fees.
6. Associated Policies & Agreements
You agree to comply with each relevant vendor’s End User Licence Agreements (EULA) and associated policies. Products requiring registration of End User licence details must be specified on the purchase order. Required details include, but are not limited to, company/agency name, contact name, email address, physical address, and phone number.
Responsibility for Compliance: It is the Client’s responsibility to review and comply with all associated EULAs and policies.
Liability for Non-Compliance: CBIT is not liable for any consequences arising from the Client’s failure to comply with associated vendor agreements.
7. Estimate of Labour
Any estimate of anticipated fees for services provided prior to or during the course of work represents our best estimate based on available information at the time. This estimate is not a fixed price and may change as circumstances develop. If your instructions or requirements change, or if additional information alters the scope of work, we will provide you with an updated estimate.
Change Management: Any changes to the scope of work will be documented and require written approval from both parties before implementation.
8. Limitations of Liability and Remedies
In the event of a breach of service or these Terms and Conditions by CBIT, the Customer’s sole remedy and CBIT’s maximum liability will be limited to a refund of the service charge paid for the affected service. To the extent CBIT is held legally liable to the Customer, CBIT’s liability is limited to the amount paid by the Customer for the specific service in question.
CBIT shall not be liable for performance delays or non-performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, supplier or third-party failure, embargoes, or government-imposed restrictions. The affected party shall promptly notify the other party of such an event and take all reasonable steps to mitigate its effects.
Except to the extent arising from CBIT’s gross negligence, wilful misconduct, or breach of confidentiality obligations (as defined in Clause 3), CBIT and its affiliates, successors, assigns, subcontractors, and suppliers shall not be liable for any indirect, incidental, special, or consequential damages. For the purposes of this agreement, “consequential damages” include, but are not limited to, loss of profits, loss of business opportunity, reputational harm, or damage to goodwill.
This limitation does not apply to loss of data or evidence where such loss results from CBIT’s failure to exercise reasonable care in the handling, analysis, or storage of materials in the provision of forensic services.
For the purposes of this agreement, “gross negligence” means a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave harm to persons, property, or both.
Nothing in this clause excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Australian Consumer Law (ACL) or any other applicable law that cannot be lawfully excluded. Where CBIT’s liability under such legislation can be limited, it is limited to the extent permitted by law.
Each party’s liability to the other for any claim arising out of or in connection with this agreement is limited to the amount paid for the specific service in question, except where such liability arises from gross negligence, wilful misconduct, or breach of confidentiality obligations.
CBIT maintains professional indemnity and public liability insurance up to AUD $20 million, covering claims including, but not limited to, professional negligence, errors or omissions, and breaches of professional duty.
9. Entire Understanding
These Terms and Conditions constitute the entire agreement between the parties concerning the provision of services and supersede all prior communications, representations, or agreements, whether oral or written. The Customer’s additional or different terms and conditions will not apply unless expressly agreed to in writing by CBIT.
Acceptance: Acceptance of these Terms and Conditions occurs upon the Customer’s purchase of services. No modification to these terms will be valid unless in writing and signed by an authorised representative of both parties.
Integration Clause: No external documents or communications are considered part of this agreement unless expressly incorporated herein.
No Waiver: Failure to enforce any term does not constitute a waiver of that term.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Training Services
Registration Confirmation: Registrations are confirmed upon receipt of a written confirmation of enrolment via email. If you have not received a Booking Confirmation before the commencement of the training course, it is the delegate’s responsibility to contact CBIT to confirm their place.
Payment Terms: An official invoice will be sent after registration is received, with payment due in full prior to the commencement of the training course. Registration requests received within two weeks of the training course commencement date must be paid upfront and in full before enrolment can be confirmed. We reserve the right to withhold entry to the training course if payment is not received in full.
Course Rescheduling or Cancellation: We reserve the right to reschedule or cancel any course or event for any reason. Classes may be cancelled by CBIT if there are insufficient paid registrations. In such cases, participants will be notified prior to the commencement of the class. Please refrain from making arrangements for flights or hotel accommodations until the class is confirmed. Neither CBIT nor the relevant vendor is responsible for costs associated with the cancellation of classes, including flights, hotel accommodations, or training venue bookings.
Cancellation Requests: Requests for cancellations must be submitted in writing. Approved cancellations will be issued a credit note for use at future CBIT events. By default, no refunds will be provided unless CBIT cancels the course. If you are unable to attend the training course, you may nominate a substitute delegate at no extra charge. No-shows will be charged in full.
Force Majeure for Training: In the event that training cannot be delivered due to force majeure events, CBIT will either reschedule the training at no additional cost or provide a full refund if rescheduling is not feasible.
Participant Responsibilities: Participants are expected to adhere to all training guidelines, respect the training environment, and engage professionally during the course.
11. Commercial in Confidence
All commercial information and terms contained herein are confidential and intended solely for the use of the parties involved. Disclosure to third parties is prohibited without prior written consent, except as required by law.
Confidentiality Obligations: These obligations are in addition to those stated in the Confidentiality section and shall survive the termination of this agreement for a period of seven (7) years.
12. Dispute Resolution
In the event of any dispute arising out of or in connection with this agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to attempt to resolve the dispute through mediation before pursuing any other form of dispute resolution.
Should mediation fail, either party may refer the dispute to arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules. The decision of the arbitrator(s) shall be final and binding on both parties.
13. Termination
Either party may terminate this agreement by providing 30 days written notice to the other party. Upon termination, the Client shall pay for all services rendered and expenses incurred up to the termination date.
Obligations upon Termination: Both parties agree to return or destroy any confidential information received from the other party as stipulated in the Confidentiality section.
14. Intellectual Property Rights
All intellectual property (IP) in materials, reports, methodologies, software, or deliverables provided by CBIT remains the exclusive property of CBIT or its licensors. The Client receives a limited, non-exclusive, non-transferable licence to use such materials solely for internal business purposes under this agreement.
Unless otherwise agreed in writing, any IP created or improved by CBIT during service delivery remains CBIT’s property. Client-specific developments may be licensed under separate terms.
Third-party IP is subject to its respective licence terms. Open-source components, if used, will be governed by their applicable licences.
The Client may not modify, distribute, sublicense, reverse-engineer, or otherwise exploit CBIT’s intellectual property beyond the rights explicitly granted.
The provisions of this section shall survive termination or expiration of this agreement, and any licences granted shall immediately terminate upon the Client’s breach of this agreement.
15. Data Protection and Privacy
CBIT commits to complying with the Australian Privacy Principles (APPs) under the Privacy Act 1988 in the collection, use, and disclosure of personal information.
Data Security: CBIT will implement appropriate security measures to protect personal data from unauthorised access, use, or disclosure.
Data Breach Notification: In the event of a data breach, CBIT will notify the Client as required by law and take all reasonable steps to mitigate the breach.
16. Compliance with Laws
Both parties agree to comply with all applicable laws, regulations, and industry standards relevant to their obligations under this agreement.