General Terms & Conditions
CBIT Pty Limited t/as CBIT Digital Forensics Services (“CBIT”, “CDFS”, “CDR”, “SDR”, “we”, “us”, “our”) and the Client (“the client”, “customer”, “you”, “your”).
This offer supersedes and replaces all prior terms, conditions, proposals, or offers exchanged by the parties, written or verbal. Any additional or different terms previously proposed will not be binding unless specifically agreed to in writing.
We reserve the right at any time before delivery, to amend errors and omissions to estimated dates, quantities, and specifications, and to adjust our pricing to reflect any increase in the cost to us due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, increase in the cost of time, labour, materials, and freight).
Purchase orders, once placed, are not refundable. Warranty is provided by the relevant Vendor, unless otherwise specified. CBIT will assist with facilitating warranty related processes; however, additional costs, if any, are determined at the sole discretion of the Vendor. If there is a product that becomes unavailable after acceptance but prior to delivery, the product will then be replaced or substituted with the next closest equivalent product, subject to your final approval.
We will treat as confidential all information obtained from you that you reasonably and in good faith deem to be confidential or proprietary, and will only use such information in connection with the performance of Services provided to you. We will use, at minimum, the same degree of care that we use to protect our own similarly sensitive information, and no less than a commercially reasonable degree of care, to secure and protect your confidential and proprietary information from unauthorized use, access, or disclosure.
The above restrictions shall not apply to any confidential information that: (i) is required by law or professional standards applicable to us to be disclosed; (ii) that is in or hereafter enters the public domain; (iii) that is or hereafter becomes known to us without breach of any confidentiality obligation; or (iv) that is independently developed by us.
Payment is due NET 7 days of invoice date, or within 20 days based on an official Purchase Order. Freight is EXW (Ex Works), based on acceptance of the above items, and is weight and volume dependent. Insurance, import duties, taxes, and charges are the buyer’s responsibility.
Credit Card Surcharges
Payments via VISA or MasterCard incur a 1.5% surcharge per transaction.
Associated Policies & Agreements
You agree to comply with each relevant vendor Enduser Licence Agreements (EULA) and associated policies which may include EULAs and associated policies agreed between you and each relevant vendor. Products requiring registration of Enduser license details, should be specified on the purchase order. These details include but not limited to: Company/Agency name, contact name, email address, physical address, and phone number.
Estimate of Labour
Any estimate of anticipated fees for services provided prior to or during the course of the work is our best estimate of the effort that will be required to complete the services based on the information available at the time. Under no circumstances shall this estimate be deemed a maximum fee or fixed price, and is subject to change as matters develop. If your instructions and/or requirements do alter, or if more information comes to light that changes the scope of work, we will furnish you with a further estimate.
Limitations of Liability and Remedies
For any breach of Service or these terms and conditions by CBIT, the Customer’s remedy and CBIT’s liability will be limited to a refund of the service charge paid for the Service. CBIT will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. To the extent CBIT is held legally liable to the Customer, CBIT liability is limited to a maximum of the service charge paid by customer for this service for the product at issue.
THE REMEDIES PROVIDED HEREIN ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL CBIT, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
We reserve the right to withdraw your access to CBIT services without explanation or cause, and to refund any associated fees paid so far for the relevant service.
These Terms and Conditions constitute the entire understanding between the parties relating to the provision of this Service and will supersede any previous communication, representation or agreement whether oral or written. Customer’s additional or different terms and conditions will not apply. Customer’s acceptance of these Terms and Conditions is deemed to occur upon Customer’s purchase of Service. No change of any of these terms and conditions will be valid unless in writing signed by an Authorised Representative of each party. If any provision of this Service, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Terms and Conditions shall nevertheless remain in full force and effect.