/Policies
Terms and conditions
Introduction
These Terms and Conditions govern your use of the Cyberdeck website and any engagement of our services. By accessing our website or engaging our services, you agree to be bound by these terms.
In these terms, "Cyberdeck," "we," "us," and "our" refer to Cyberdeck (Pty)Ltd, a cybersecurity consultancy based in South Africa. "You," "your," and "client" refer to the individual or organisation accessing our website or engaging our services.
2. Website Use
You agree to use this website only for lawful purposes. You may not attempt to gain unauthorised access to any part of the website or connected systems, or use the website in any way that violates applicable laws.
While we strive to keep information on our website accurate, we make no guarantees about its completeness or reliability. Any reliance you place on such information is at your own risk.
3. Intellectual Property
All content on this website, including text, graphics, logos and design, is the property of Cyberdeck and is protected by South African and international intellectual property laws. You may not reproduce, distribute or republish any content without our prior written consent.
4. Services
4.1 Engagement Terms
All cybersecurity services are subject to a separate service agreement or statement of work. These Terms and Conditions do not constitute a service agreement. Before any engagement begins, both parties must agree to the scope, deliverables, timelines and fees in writing.
4.2 No Guarantee of Outcomes
Cybersecurity testing identifies vulnerabilities at a specific point in time. We do not guarantee that all vulnerabilities will be identified, that your systems will be completely secure after our engagement or that future attacks or breaches will be prevented. Our services provide findings and remediation guidance based on testing conducted within the agreed scope. The implementation of recommendations is your responsibility.
4.3 Client Responsibilities
By engaging our services, you confirm that you have the legal authority to authorise testing on the systems in scope, you will provide accurate information about the systems to be tested and you will not hold Cyberdeck liable for any disruption caused during testing that falls within the agreed scope.
4.4 Authorisation
You acknowledge that offensive security testing involves techniques that could be considered intrusive. By engaging our services, you provide explicit authorisation for Cyberdeck to conduct testing as outlined in the service agreement. Testing will only be conducted on systems you own or have written authorisation to test.
5. Payment Terms
5.1 Deposit and Final Payment
A deposit of 50% of the total invoice amount is required before work begins. The remaining 50% must be paid before the final report and deliverables are released. Payment must be made via EFT to the bank account specified on the invoice.
5.2 Payment Window and Non-Payment
If the remaining balance is not received within 30 days of engagement completion, we reserve the right to withhold the report and any associated deliverables until the outstanding balance has been settled in full.
6. Cancellation and Termination
6.1 Cancellation by Client Before Engagement
If you cancel three or more business days before the scheduled start of the engagement, your deposit will be refunded in full. If you cancel one to two business days before the scheduled start of the engagement, 50% of the deposit will be refunded. If you cancel on the confirmed engagement date or after work has commenced, no refund will be provided and the remaining 50% remains due.
6.2 Cancellation by Client During Engagement
If you cancel mid-engagement for any reason attributable to you, no refund of the deposit will be provided and the remaining 50% of the engagement fee remains due.
If the engagement is terminated due to Cyberdeck's negligence, no refund of the deposit will be provided, but the remaining 50% will not be owed.
6.3 Cancellation by Cyberdeck
We reserve the right to cancel or suspend an engagement if you breach these terms, fail to provide necessary access or information, or if continuing the engagement would require us to act unlawfully. In such cases, the deposit will be refunded in full and no further fees will be owed.
7. Limitation of Liability
To the fullest extent permitted by law, Cyberdeck shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or business opportunities.
Our total liability for any claim arising from our services shall not exceed the fees paid by you for the specific engagement giving rise to the claim.
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or any other liability that cannot be excluded by law.
8. Indemnification
You agree to indemnify and hold harmless Cyberdeck, its owners, employees and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, your breach of these terms, your violation of any law or third-party rights or any misrepresentation of your authority to authorise testing.
9. Confidentiality
We treat all client information as confidential. Information shared during an engagement, including findings and reports, will not be disclosed to third parties without your consent, unless required by law. Details regarding the handling of your information can be found in our Privacy Policy.
10. Dispute Resolution
In the event of a dispute arising from these terms or any engagement, both parties agree to attempt to resolve the matter through good-faith negotiation before pursuing formal legal action.
11. General Provisions
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms and Conditions, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Cyberdeck, regarding your use of our website and services.
We reserve the right to modify these terms at any time. Changes will be posted on this page with an updated "Effective" date. Your continued use of the website or services after changes are posted constitutes acceptance of the revised terms.
12. Governing Law
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the South African courts.
13. Contact Us
If you have any questions about these Terms and Conditions, please contact us at info@cyberdeck.co.za
By using this website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.