Terms Of Service

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.