[{"data":1,"prerenderedAt":644},["ShallowReactive",2],{"legal-terms-of-service":3},{"id":4,"title":5,"body":6,"date":635,"description":636,"extension":637,"meta":638,"navigation":639,"path":640,"seo":641,"stem":642,"__hash__":643},"legal\u002Flegal\u002Fterms-of-service.md","General Terms of Service",{"type":7,"value":8,"toc":554},"minimark",[9,13,18,23,26,29,32,36,39,42,46,49,65,68,72,76,79,83,86,89,107,111,114,117,120,124,127,130,134,138,141,144,148,151,154,158,161,165,168,172,176,179,182,186,189,192,196,199,202,206,210,213,217,220,224,227,231,234,238,241,245,249,252,256,259,263,267,270,274,277,281,284,288,291,295,298,301,305,309,312,316,319,323,326,329,333,336,339,343,346,349,352,356,359,362,366,369,372,376,380,383,387,390,394,397,401,404,408,412,415,418,422,425,429,433,436,439,443,446,449,453,456,460,463,467,471,474,478,481,485,488,491,495,498,501,505,508,512,515,519,522,526,529,533,536,539,542,545,548,551],[10,11,12],"p",{},"These General Terms of Service (Terms) govern services provided by Pensure Pty Ltd (ABN 87 688 512 334) (Pensure, we, us) to the customer identified in an Order (Customer, you).",[14,15,17],"h2",{"id":16},"_1-the-agreement","1. The Agreement",[19,20,22],"h3",{"id":21},"_11-orders","1.1 Orders",[10,24,25],{},"The specific services we provide will be described in a proposal, statement of work, order form or other written document agreed between Pensure and the Customer (Order).",[10,27,28],{},"An Order may specify the Services and scope, systems, applications or environments to be assessed, assumptions, exclusions and dependencies, deliverables, timing, fees and payment terms, and any additional or different terms applying to that engagement.",[10,30,31],{},"Submitting the public scope form does not place an order, create an obligation to pay, or authorise testing. Any engagement, payment terms and authority to test must be agreed separately before testing begins.",[19,33,35],{"id":34},"_12-acceptance","1.2 Acceptance",[10,37,38],{},"You accept an Order and enter into a legally binding agreement with Pensure when you sign or electronically accept the Order, confirm in writing that you wish to proceed, pay an invoice or checkout request issued for the Order, or otherwise expressly agree to commence the Services.",[10,40,41],{},"Each accepted Order, these Terms and any Rules of Engagement expressly incorporated into the Order together form the Agreement.",[19,43,45],{"id":44},"_13-priority","1.3 Priority",[10,47,48],{},"If there is an inconsistency between documents forming the Agreement, the following order of precedence applies:",[50,51,52,56,59,62],"ol",{},[53,54,55],"li",{},"any provision of an Order expressly stated to override these Terms;",[53,57,58],{},"these Terms;",[53,60,61],{},"the remainder of the Order; and",[53,63,64],{},"the Rules of Engagement.",[10,66,67],{},"A change to scope, price or material delivery obligations must be agreed in writing.",[14,69,71],{"id":70},"_2-services","2. Services",[19,73,75],{"id":74},"_21-our-obligations","2.1 Our obligations",[10,77,78],{},"Pensure will perform the Services with due care and skill, professionally and competently, substantially in accordance with the applicable Order, and using personnel and methods we consider reasonably appropriate for the engagement.",[19,80,82],{"id":81},"_22-nature-of-security-assessments","2.2 Nature of security assessments",[10,84,85],{},"Cyber security and AI security assessments are point-in-time, risk-based activities.",[10,87,88],{},"Unless expressly stated otherwise in an Order:",[90,91,92,95,98,101,104],"ul",{},[53,93,94],{},"the Services are not an exhaustive audit of every system, configuration, user, application, vulnerability or attack path;",[53,96,97],{},"testing may use sampling, representative testing and professional judgement;",[53,99,100],{},"no assessment can identify every vulnerability or guarantee that a system cannot be compromised;",[53,102,103],{},"results may be affected by changes to the assessed environment before, during or after testing; and",[53,105,106],{},"a report does not constitute certification, legal advice or regulatory advice.",[19,108,110],{"id":109},"_23-scope","2.3 Scope",[10,112,113],{},"We are only required to assess the systems, environments and matters included within the agreed scope.",[10,115,116],{},"Observing or discovering another system, service, account, environment or third party during testing does not bring it into scope.",[10,118,119],{},"Work outside the agreed scope will only proceed if agreed in writing, including any associated fees and timing.",[19,121,123],{"id":122},"_24-dependencies-and-delays","2.4 Dependencies and delays",[10,125,126],{},"Our delivery dates depend on the Customer providing required access, information, accounts, approvals, allowlisting and reasonable assistance.",[10,128,129],{},"Where a Customer dependency is delayed or materially incomplete, Pensure may adjust the testing window and delivery date accordingly.",[14,131,133],{"id":132},"_3-customer-authority-and-responsibilities","3. Customer Authority and Responsibilities",[19,135,137],{"id":136},"_31-authority-to-test","3.1 Authority to test",[10,139,140],{},"You warrant that you own the systems within scope or have sufficient authority from their owner to authorise the Services, are authorised to permit Pensure to perform the agreed testing activities, performance of the Services in accordance with the Agreement will not breach an obligation you owe to a third party, and you will obtain any third-party consent reasonably necessary for the Services.",[10,142,143],{},"We may request evidence of that authority before commencing or continuing testing.",[19,145,147],{"id":146},"_32-third-party-systems","3.2 Third-party systems",[10,149,150],{},"Pensure will not intentionally test third-party systems unless the applicable Order expressly includes them and appropriate authority has been confirmed.",[10,152,153],{},"The presence of third-party infrastructure, hosting, SaaS platforms, integrations, APIs, identity providers or other services within a Customer environment does not itself authorise Pensure to test those systems.",[19,155,157],{"id":156},"_33-customer-assistance","3.3 Customer assistance",[10,159,160],{},"You will provide materially accurate and complete information reasonably required for the Services, provide agreed accounts, access and technical assistance, nominate suitable business and technical contacts, tell us about fragile systems, sensitive data, business-critical periods and known operational restrictions, maintain appropriate backups and recovery arrangements, and promptly notify us of material changes to the environment during an engagement.",[19,162,164],{"id":163},"_34-recommendations","3.4 Recommendations",[10,166,167],{},"The Customer remains responsible for deciding whether and how to implement recommendations, testing changes before implementing them into production where appropriate, maintaining the security of its environment, and obtaining specialist legal, regulatory or other professional advice where required.",[14,169,171],{"id":170},"_4-testing-safety-and-rules-of-engagement","4. Testing Safety and Rules of Engagement",[19,173,175],{"id":174},"_41-rules-of-engagement","4.1 Rules of Engagement",[10,177,178],{},"Active security testing may be subject to written Rules of Engagement specifying matters such as authorised targets, testing dates and windows, source addresses, permitted and prohibited techniques, credentials, escalation contacts, stop conditions and incident procedures.",[10,180,181],{},"Pensure will not knowingly exceed the testing authority granted by the Customer.",[19,183,185],{"id":184},"_42-inherent-testing-risks","4.2 Inherent testing risks",[10,187,188],{},"The Customer acknowledges that authorised security testing can trigger ordinary security and operational responses including alerts and administrator notifications, MFA prompts, account or session lockouts, quarantine of test content, rate limiting, service degradation or other defensive controls.",[10,190,191],{},"Pensure will use reasonable care to minimise unnecessary operational impact.",[19,193,195],{"id":194},"_43-suspension-for-safety","4.3 Suspension for safety",[10,197,198],{},"Pensure may pause or modify testing where we reasonably consider that continuing could cause material operational harm, exceed the agreed authority, affect an unauthorised third party, create an unacceptable safety or legal risk, or compromise an active incident response.",[10,200,201],{},"Where practicable, we will notify the Customer promptly and agree an appropriate way to continue.",[14,203,205],{"id":204},"_5-fees-and-payment","5. Fees and Payment",[19,207,209],{"id":208},"_51-fees","5.1 Fees",[10,211,212],{},"The Customer must pay the fees specified in the applicable Order. Unless stated otherwise, fees are exclusive of GST.",[19,214,216],{"id":215},"_52-payment-terms","5.2 Payment terms",[10,218,219],{},"Payment timing will be specified in the Order. If the Order does not specify payment terms, invoices are payable within 14 days.",[19,221,223],{"id":222},"_53-overdue-amounts","5.3 Overdue amounts",[10,225,226],{},"If an undisputed amount remains unpaid after its due date, Pensure may, after giving reasonable notice, suspend Services until payment is received and recover reasonable costs incurred in recovering the overdue amount.",[19,228,230],{"id":229},"_54-customer-requested-changes","5.4 Customer-requested changes",[10,232,233],{},"A material change to scope, timing, environment or assumptions may require a change to fees or delivery dates. Pensure will obtain the Customer's agreement before performing chargeable work outside the agreed scope.",[19,235,237],{"id":236},"_55-cancellation","5.5 Cancellation",[10,239,240],{},"If an engagement is cancelled after work has commenced, the Customer must pay for Services already performed and any reasonable, non-recoverable third-party costs incurred for the engagement. Any additional cancellation arrangements expressly stated in an Order will also apply.",[14,242,244],{"id":243},"_6-deliverables-and-retesting","6. Deliverables and Retesting",[19,246,248],{"id":247},"_61-deliverables","6.1 Deliverables",[10,250,251],{},"Pensure will provide the deliverables described in the applicable Order. Reports are prepared for the Customer in connection with the assessed environment and should be read in that context.",[19,253,255],{"id":254},"_62-retesting","6.2 Retesting",[10,257,258],{},"Where an Order includes a retest, the retest is limited to findings identified during the original assessment and specified or agreed for retesting, verifies whether the relevant remediation addresses the original finding, does not constitute a new assessment of the environment, and does not include materially changed or newly introduced systems unless agreed separately.",[14,260,262],{"id":261},"_7-data-privacy-and-security","7. Data, Privacy and Security",[19,264,266],{"id":265},"_71-customer-data","7.1 Customer data",[10,268,269],{},"The Customer retains ownership of Customer data. The Customer authorises Pensure to access, process, reproduce and otherwise use Customer data to the extent reasonably necessary to perform the Services.",[19,271,273],{"id":272},"_72-personal-information","7.2 Personal information",[10,275,276],{},"Each party will comply with applicable privacy laws in relation to personal information it handles under the Agreement. The Customer warrants that it is authorised to provide Pensure with the access and information required for the Services.",[19,278,280],{"id":279},"_73-security","7.3 Security",[10,282,283],{},"Pensure will apply reasonable technical and organisational measures to protect Customer information and security-testing evidence in its possession.",[19,285,287],{"id":286},"_74-data-minimisation","7.4 Data minimisation",[10,289,290],{},"Where reasonably practicable, Pensure will avoid collecting or retaining Customer data that is not necessary to perform or evidence the Services.",[19,292,294],{"id":293},"_75-retention","7.5 Retention",[10,296,297],{},"Unless an Order specifies otherwise, Pensure may retain testing evidence and working materials for up to 90 days after final delivery, after which they may be securely deleted in accordance with Pensure's normal retention processes.",[10,299,300],{},"Final reports and ordinary business records may be retained for longer where reasonably required for legal, insurance, accounting, quality or business-record purposes.",[14,302,304],{"id":303},"_8-intellectual-property","8. Intellectual Property",[19,306,308],{"id":307},"_81-customer-materials","8.1 Customer materials",[10,310,311],{},"The Customer retains all Intellectual Property Rights in materials, information, systems, software and data it provides to Pensure. The Customer grants Pensure a non-exclusive licence to use those materials to the extent reasonably necessary to perform the Services.",[19,313,315],{"id":314},"_82-pensure-materials","8.2 Pensure materials",[10,317,318],{},"Pensure retains ownership of its pre-existing and independently developed methodologies, software, tools, models, prompts, techniques, templates, testing infrastructure, know-how and other materials.",[19,320,322],{"id":321},"_83-deliverables","8.3 Deliverables",[10,324,325],{},"Subject to payment of applicable fees, the Customer may use, reproduce and internally distribute reports and other deliverables supplied specifically to it for its business, governance, assurance, audit and remediation purposes.",[10,327,328],{},"Pensure retains ownership of its underlying methodologies, tools, templates, know-how and reusable material contained in or used to create those deliverables.",[19,330,332],{"id":331},"_84-customer-disclosure","8.4 Customer disclosure",[10,334,335],{},"The Customer may provide a final report to its advisers, auditors, insurers, regulators, investors, customers or other stakeholders where reasonably required for the Customer's business purposes.",[10,337,338],{},"A recipient does not acquire any additional rights against Pensure by receiving or relying on a report.",[14,340,342],{"id":341},"_9-confidentiality","9. Confidentiality",[10,344,345],{},"Each party must protect Confidential Information received from the other party and may only use it to perform or receive the Services, for purposes contemplated by the Agreement, or as otherwise permitted by the disclosing party.",[10,347,348],{},"A party may disclose Confidential Information to personnel, professional advisers and subcontractors who need it for those purposes and are subject to appropriate confidentiality obligations, where required by law, court order or a regulator, or with the other party's consent.",[10,350,351],{},"These obligations do not apply to information that is lawfully public, independently developed without use of the Confidential Information, or lawfully received from another source without confidentiality restrictions.",[14,353,355],{"id":354},"_10-personnel-and-subcontractors","10. Personnel and Subcontractors",[10,357,358],{},"Pensure may use employees, contractors, specialist testers, cloud providers and other subcontractors to perform or support the Services. Pensure remains responsible for performance of its obligations under the Agreement.",[10,360,361],{},"Pensure will require personnel who have access to Customer Confidential Information to be subject to appropriate confidentiality obligations.",[14,363,365],{"id":364},"_11-warranties-and-statutory-rights","11. Warranties and Statutory Rights",[10,367,368],{},"Nothing in the Agreement excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.",[10,370,371],{},"Except for rights and warranties that cannot lawfully be excluded and the express obligations in the Agreement, Pensure does not warrant that every vulnerability or security weakness will be identified, any environment will be secure following an assessment, the Services will achieve a particular certification or regulatory result, or implementation of a recommendation will be suitable for every environment.",[14,373,375],{"id":374},"_12-liability","12. Liability",[19,377,379],{"id":378},"_121-consequential-loss","12.1 Consequential loss",[10,381,382],{},"To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, or loss of profit, revenue, anticipated savings or business opportunity, except to the extent such loss forms part of a third-party claim for which a party is liable under an express indemnity in the Agreement.",[19,384,386],{"id":385},"_122-liability-cap","12.2 Liability cap",[10,388,389],{},"To the maximum extent permitted by law, each party's aggregate liability arising out of or in connection with an Order is limited to the total fees paid or payable under that Order.",[19,391,393],{"id":392},"_123-exceptions","12.3 Exceptions",[10,395,396],{},"The liability cap does not limit the Customer's obligation to pay fees properly due, liability that cannot lawfully be limited, liability arising from fraud or wilful misconduct, or the Customer's liability under clause 13.1 for testing it authorised without sufficient authority.",[19,398,400],{"id":399},"_124-contributory-acts","12.4 Contributory acts",[10,402,403],{},"A party's liability will be reduced to the extent that the other party's act, omission or failure to take reasonable steps contributed to the relevant loss.",[14,405,407],{"id":406},"_13-indemnities","13. Indemnities",[19,409,411],{"id":410},"_131-testing-authority","13.1 Testing authority",[10,413,414],{},"The Customer indemnifies Pensure against a third-party claim, and reasonable costs directly arising from that claim, to the extent caused by the Customer authorising Pensure to test a system that the Customer did not have authority to authorise, or materially inaccurate information supplied by the Customer concerning its authority to permit the Services.",[10,416,417],{},"This indemnity does not apply to the extent the claim was caused by Pensure acting outside the authority actually granted to it.",[19,419,421],{"id":420},"_132-customer-materials","13.2 Customer materials",[10,423,424],{},"The Customer indemnifies Pensure against a third-party claim that Customer materials supplied for use in accordance with the Agreement infringe that third party's Intellectual Property Rights, except to the extent caused by Pensure's use outside the Agreement.",[14,426,428],{"id":427},"_14-suspension-and-termination","14. Suspension and Termination",[19,430,432],{"id":431},"_141-suspension","14.1 Suspension",[10,434,435],{},"Either party may request that active testing be suspended where there is a material security, safety or operational concern.",[10,437,438],{},"Pensure may also suspend Services for overdue undisputed fees, absence of required authority, a material Customer dependency preventing safe performance, or a material breach of the Agreement. Where reasonably capable of remedy, Pensure will give the Customer an opportunity to remedy the issue.",[19,440,442],{"id":441},"_142-termination-for-material-breach","14.2 Termination for material breach",[10,444,445],{},"Either party may terminate an Order if the other party materially breaches the Agreement and the breach cannot reasonably be remedied, or the breach is capable of remedy and is not remedied within 10 Business Days after written notice.",[10,447,448],{},"Either party may terminate immediately if the other becomes insolvent.",[19,450,452],{"id":451},"_143-effect-of-termination","14.3 Effect of termination",[10,454,455],{},"On termination, Pensure will cease the affected Services, the Customer must pay amounts properly due for Services performed up to termination and reasonable non-recoverable costs incurred for the engagement, Pensure will refund any prepaid amount attributable to Services that will not be performed after deducting amounts properly due, and accrued rights are unaffected.",[14,457,459],{"id":458},"_15-force-majeure","15. Force Majeure",[10,461,462],{},"Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay money already due, to the extent caused by an event beyond its reasonable control. The affected party must take reasonable steps to minimise the impact of the event.",[14,464,466],{"id":465},"_16-general","16. General",[19,468,470],{"id":469},"_161-notices","16.1 Notices",[10,472,473],{},"Formal notices under the Agreement must be in writing and sent to the contact details specified in the applicable Order or otherwise notified by the recipient.",[19,475,477],{"id":476},"_162-disputes","16.2 Disputes",[10,479,480],{},"Before commencing court proceedings, a party must give the other party written notice of the dispute and the parties must use reasonable efforts to resolve it through senior representatives. This does not prevent either party seeking urgent interlocutory or injunctive relief.",[19,482,484],{"id":483},"_163-assignment","16.3 Assignment",[10,486,487],{},"Neither party may assign the Agreement without the other party's prior written consent, which must not be unreasonably withheld or delayed.",[10,489,490],{},"Pensure may assign the Agreement as part of a bona fide corporate restructure, merger or sale of substantially all of its relevant business or assets by giving written notice to the Customer.",[19,492,494],{"id":493},"_164-changes-to-these-terms","16.4 Changes to these Terms",[10,496,497],{},"The Terms applying to an Order are the version accepted when that Order is entered into.",[10,499,500],{},"Pensure may publish updated Terms for future Orders. Updated Terms do not retrospectively amend an existing Order unless the parties agree otherwise.",[19,502,504],{"id":503},"_165-entire-agreement","16.5 Entire agreement",[10,506,507],{},"The Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes prior discussions and representations concerning that subject matter.",[19,509,511],{"id":510},"_166-waiver","16.6 Waiver",[10,513,514],{},"A failure or delay to exercise a right does not waive that right.",[19,516,518],{"id":517},"_167-severability","16.7 Severability",[10,520,521],{},"If a provision is invalid or unenforceable, it is to be read down to the extent necessary and, if it cannot be read down, severed without affecting the remaining provisions.",[19,523,525],{"id":524},"_168-governing-law","16.8 Governing law",[10,527,528],{},"The Agreement is governed by the laws of New South Wales, Australia. The parties submit to the courts having jurisdiction in New South Wales.",[14,530,532],{"id":531},"_17-definitions","17. Definitions",[10,534,535],{},"Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.",[10,537,538],{},"Confidential Information means non-public information disclosed by one party to the other that is confidential by its nature or circumstances of disclosure, including security information, credentials, vulnerabilities, business information and Customer data.",[10,540,541],{},"Customer data means information or data belonging to, controlled by or made available by the Customer in connection with the Services.",[10,543,544],{},"Intellectual Property Rights includes copyright, patents, trade marks, designs, trade secrets, know-how and other intellectual or industrial property rights.",[10,546,547],{},"Order has the meaning given in clause 1.1.",[10,549,550],{},"Rules of Engagement means any written testing authority, rules of engagement or equivalent operational document agreed for an assessment.",[10,552,553],{},"Services means the services described in an Order, which may include penetration testing, security assessments, red teaming, cyber security assurance, AI security assessment and related professional services.",{"title":555,"searchDepth":556,"depth":556,"links":557},"",2,[558,564,570,576,581,588,592,599,605,606,607,608,614,618,623,624,634],{"id":16,"depth":556,"text":17,"children":559},[560,562,563],{"id":21,"depth":561,"text":22},3,{"id":34,"depth":561,"text":35},{"id":44,"depth":561,"text":45},{"id":70,"depth":556,"text":71,"children":565},[566,567,568,569],{"id":74,"depth":561,"text":75},{"id":81,"depth":561,"text":82},{"id":109,"depth":561,"text":110},{"id":122,"depth":561,"text":123},{"id":132,"depth":556,"text":133,"children":571},[572,573,574,575],{"id":136,"depth":561,"text":137},{"id":146,"depth":561,"text":147},{"id":156,"depth":561,"text":157},{"id":163,"depth":561,"text":164},{"id":170,"depth":556,"text":171,"children":577},[578,579,580],{"id":174,"depth":561,"text":175},{"id":184,"depth":561,"text":185},{"id":194,"depth":561,"text":195},{"id":204,"depth":556,"text":205,"children":582},[583,584,585,586,587],{"id":208,"depth":561,"text":209},{"id":215,"depth":561,"text":216},{"id":222,"depth":561,"text":223},{"id":229,"depth":561,"text":230},{"id":236,"depth":561,"text":237},{"id":243,"depth":556,"text":244,"children":589},[590,591],{"id":247,"depth":561,"text":248},{"id":254,"depth":561,"text":255},{"id":261,"depth":556,"text":262,"children":593},[594,595,596,597,598],{"id":265,"depth":561,"text":266},{"id":272,"depth":561,"text":273},{"id":279,"depth":561,"text":280},{"id":286,"depth":561,"text":287},{"id":293,"depth":561,"text":294},{"id":303,"depth":556,"text":304,"children":600},[601,602,603,604],{"id":307,"depth":561,"text":308},{"id":314,"depth":561,"text":315},{"id":321,"depth":561,"text":322},{"id":331,"depth":561,"text":332},{"id":341,"depth":556,"text":342},{"id":354,"depth":556,"text":355},{"id":364,"depth":556,"text":365},{"id":374,"depth":556,"text":375,"children":609},[610,611,612,613],{"id":378,"depth":561,"text":379},{"id":385,"depth":561,"text":386},{"id":392,"depth":561,"text":393},{"id":399,"depth":561,"text":400},{"id":406,"depth":556,"text":407,"children":615},[616,617],{"id":410,"depth":561,"text":411},{"id":420,"depth":561,"text":421},{"id":427,"depth":556,"text":428,"children":619},[620,621,622],{"id":431,"depth":561,"text":432},{"id":441,"depth":561,"text":442},{"id":451,"depth":561,"text":452},{"id":458,"depth":556,"text":459},{"id":465,"depth":556,"text":466,"children":625},[626,627,628,629,630,631,632,633],{"id":469,"depth":561,"text":470},{"id":476,"depth":561,"text":477},{"id":483,"depth":561,"text":484},{"id":493,"depth":561,"text":494},{"id":503,"depth":561,"text":504},{"id":510,"depth":561,"text":511},{"id":517,"depth":561,"text":518},{"id":524,"depth":561,"text":525},{"id":531,"depth":556,"text":532},"Version 1.1 - 7 September 2026","General Terms of Service of Pensure","md",{},true,"\u002Flegal\u002Fterms-of-service",{"title":5,"description":636},"legal\u002Fterms-of-service","0Wd-LkbMbzwaMjjV3wb87Jpngr-mAd22rfp9Vds3J60",1788789307152]