Terms Of Service
Last updated: January 2026
1. Agreement to Terms
By accessing or using the FauxDefender website (fauxdefender.com) or engaging our services, you agree to be bound by these Terms of Service (“Terms”). 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 (“Client”, “you”, “your”) and FauxDefender (“we”, “us”, “our”).
2. Services Description
FauxDefender provides professional IT and cybersecurity services, including but not limited to:
- IT Support and helpdesk services
- Cybersecurity solutions and threat protection
- Network design and infrastructure management
- Web development and hosting
- Database administration
- Cloud and DevOps services
- UI/UX design
- Hosting and storage solutions
Specific services are defined in individual Service Agreements or Statements of Work.
3. Eligibility
3.1 Age Requirement
You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you are of legal age.
3.2 Authority
If you are entering into these Terms on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms.
3.3 Location
Our services are primarily offered to businesses and individuals located in Australia. International clients may be accepted on a case-by-case basis.
4. Service Agreements
4.1 Scope of Work
Specific services will be detailed in a separate Service Agreement, Statement of Work (SOW), or proposal that incorporates these Terms by reference.
4.2 Service Levels
Service level commitments, including response times, uptime guarantees, and support hours, will be specified in your Service Agreement.
4.3 Changes to Services
We reserve the right to modify, suspend, or discontinue any service with reasonable notice. We will work with you to minimise disruption to your operations.
5. Client Responsibilities
5.1 Cooperation
You agree to:
- Provide timely access to systems, facilities, and information
- Respond promptly to requests for information or decisions
- Designate authorised personnel to work with our team
- Provide accurate and complete information
5.2 System Access
You are responsible for:
- Maintaining secure access credentials
- Notifying us of any security incidents or unauthorised access
- Ensuring your team follows security policies and procedures
- Maintaining current backups of critical data
5.3 Compliance
You agree to use our services in compliance with:
- All applicable Australian laws and regulations
- Industry standards and best practices
- Your own internal policies and procedures
- Any licensing agreements for software we manage
6. Fees and Payment
6.1 Service Fees
Fees for our services will be specified in your Service Agreement. Fees may be structured as:
- Monthly recurring charges
- Fixed project fees
- Hourly rates
- Usage-based pricing
- Custom pricing arrangements
6.2 Payment Terms
Unless otherwise specified:
- Invoices are due within 30 days of the invoice date
- Payment must be made in Australian Dollars (AUD)
- Accepted payment methods include bank transfer, credit card, or as specified in your agreement
6.3 Late Payment
Late payments may incur:
- Interest charges at the rate of 1.5% per month (or the maximum rate permitted by law)
- Suspension of services after 14 days of non-payment
- Referral to a collection agency for accounts more than 60 days overdue
6.4 Price Changes
We reserve the right to adjust our pricing with 60 days’ written notice. You may terminate the service agreement if you do not agree to the price increase.
6.5 Expenses
Unless otherwise agreed, you are responsible for reimbursing reasonable out-of-pocket expenses incurred in providing services, including:
- Travel costs for on-site visits
- Third-party software licenses or subscriptions
- Hardware or equipment purchases made on your behalf
7. Term and Termination
7.1 Term
These Terms remain in effect while you use our website or services. Specific service engagements have terms as defined in individual Service Agreements.
7.2 Termination by Client
You may terminate services by providing written notice as specified in your Service Agreement (typically 30-60 days).
7.3 Termination by FauxDefender
We may terminate services if:
- You breach these Terms or your Service Agreement
- Payment is more than 30 days overdue
- You engage in fraudulent or illegal activities
- The working relationship becomes untenable
7.4 Effects of Termination
Upon termination:
- You must pay all outstanding fees and expenses
- We will return or securely destroy your data as per your instructions
- We may retain certain information as required by law
- You must cease using any proprietary tools or systems we provide
- Provisions regarding confidentiality, indemnification, and limitation of liability survive termination
8. Intellectual Property Rights
8.1 Our Intellectual Property
All content on our website and proprietary tools, methodologies, and materials remain our exclusive property. You may not copy, modify, distribute, or create derivative works without our written permission.
8.2 Client Intellectual Property
You retain all rights to your data, content, and intellectual property. You grant us a limited license to access and use this property solely to provide our services.
8.3 Work Product
Ownership of deliverables created during service provision will be specified in your Service Agreement. Generally:
- Custom development work becomes your property upon full payment
- We retain rights to general methodologies, tools, and knowledge
- Third-party licenses remain subject to their original terms
9. Confidentiality
9.1 Confidential Information
Both parties agree to maintain the confidentiality of information that:
- Is marked as confidential
- Would reasonably be considered confidential
- Includes technical data, business information, and client data
9.2 Exceptions
Confidentiality obligations do not apply to information that:
- Is publicly available through no fault of the receiving party
- Was known prior to disclosure
- Is independently developed
- Must be disclosed by law or court order
9.3 Data Protection
We handle all client data in accordance with our Privacy Policy and applicable data protection laws, including the Australian Privacy Principles.
10. Security and Data Backup
10.1 Security Measures
We implement industry-standard security measures to protect your systems and data. However, no security system is impenetrable, and we cannot guarantee absolute security.
10.2 Backup Responsibility
While we may provide backup services:
- You remain ultimately responsible for maintaining your own data backups
- We are not liable for data loss due to events beyond our reasonable control
- Backup and disaster recovery terms are specified in your Service Agreement
10.3 Incident Response
In the event of a security incident:
- We will notify you promptly
- We will work with you to contain and remediate the incident
- You are responsible for any required notifications to third parties or regulators
11. Warranties and Disclaimers
11.1 Our Warranties
We warrant that:
- Services will be performed in a professional and workmanlike manner
- We have the necessary skills and qualifications to provide our services
- We will comply with applicable laws and regulations
11.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
- WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE
- WE DO NOT GUARANTEE SPECIFIC RESULTS OR OUTCOMES
11.3 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or warranties under the Australian Consumer Law where to do so would contravene that law or cause any part of these Terms to be void.
12. Limitation of Liability
12.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
12.2 Excluded Damages
WE SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
- LOSS OF DATA OR CORRUPTION OF DATA
- BUSINESS INTERRUPTION
- REPUTATIONAL DAMAGE
12.3 Exceptions
Nothing in these Terms limits our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded under Australian law
12.4 Insurance
We maintain appropriate professional indemnity and cyber liability insurance. Details available upon request.
13. Indemnification
You agree to indemnify, defend, and hold harmless FauxDefender, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your breach of these Terms
- Your violation of any law or rights of any third party
- Your misuse of our services
- Your negligence or wilful misconduct
14. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:
- Natural disasters (fires, floods, earthquakes)
- Acts of war, terrorism, or civil unrest
- Government actions or regulations
- Internet or telecommunications failures
- Pandemics or public health emergencies
- Labour disputes or strikes
15. Independent Contractor
FauxDefender is an independent contractor, not an employee or agent. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
16. Dispute Resolution
16.1 Negotiation
In the event of a dispute, the parties agree to first attempt to resolve it through good faith negotiation.
16.2 Mediation
If negotiation fails, the parties agree to attempt mediation before pursuing formal legal action.
16.3 Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.
16.4 Legal Fees
In any legal proceeding, the prevailing party may be entitled to recover reasonable legal fees and costs.
17. General Provisions
17.1 Entire Agreement
These Terms, together with any Service Agreement, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
17.2 Amendments
We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated with reasonable notice. Continued use of services after changes constitutes acceptance.
17.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
17.4 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
17.5 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate.
17.6 Notices
All notices must be in writing and sent to:
- Email: support@fauxdefender.com
- Address: Melbourne, Australia
17.7 Survival
Provisions regarding confidentiality, intellectual property, limitation of liability, indemnification, and dispute resolution survive termination.
18. Contact Information
For questions about these Terms or our services:
FauxDefender
Email: support@fauxdefender.com
Website: fauxdefender.com
Location: Melbourne, Australia
19. Acknowledgement
BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
ยฉ 2026 FauxDefender. All rights reserved.