Terms of Use

This website, available at ascendantcyber.com and any related addresses or channels (Site), is operated by ASCENDANT CYBER PTY LTD ABN 695 573 098 (Ascendant Cyber, we, us or our).

The Site provides general information about our penetration testing, vulnerability assessment, cyber security consulting and related business services (Services). The Site also allows prospective clients to contact us, request information, and submit enquiries.

These terms of use (Terms) govern your access to and use of the Site. They do not by themselves create a client relationship or require us to provide any Services. Any Services we agree to provide will be governed by a separate written proposal, statement of work, master services agreement, engagement letter, quotation, purchase order, invoice terms or other written agreement accepted by us (Service Agreement). If these Terms conflict with a Service Agreement, the Service Agreement prevails for the relevant Services.

By accessing or using the Site, you agree to these Terms and our Privacy Policy.

If you do not agree, you must stop using the Site.

If you access or use the Site on behalf of a company or other organisation, you warrant that you are authorised to do so and to bind that organisation to these Terms.

We may update these Terms at any time by publishing the updated version on the Site. The updated Terms apply from the date they are published, unless stated otherwise.

We may change, suspend or discontinue any part of the Site or any Content at any time without notice.

You should check these Terms regularly. Your continued use of the Site after an update means you accept the updated Terms.

You do not need to register for an account to use the Site.

The Site is primarily an information and sales enquiry channel. If you submit an enquiry, request a call, subscribe to updates, download material, or otherwise provide information through the Site, you must ensure the information you provide is accurate, complete, current and lawfully provided.

You must not submit information about another person or organisation unless you have authority to do so.

We grant you a non-exclusive, non-transferable, revocable, royalty-free licence to access and use the Site for lawful purposes and in accordance with these Terms.

You may view the Site, temporarily cache Site materials in your browser, and print or save a reasonable number of pages for your own internal business evaluation of Ascendant Cyber and our Services.

All other use is prohibited unless we give prior written consent.

The Content on the Site is general information only. It is not legal, regulatory, compliance, risk, financial, technical assurance, incident response or cyber security advice tailored to your circumstances.

Cyber security risks, threat activity, technology, controls, vulnerabilities and legal obligations change over time. We use reasonable care to publish useful Content, but we do not represent or warrant that any Content is complete, accurate, current, suitable for your circumstances, or sufficient to manage any specific cyber security risk.

You should obtain appropriate professional advice before relying on any Content or making decisions based on the Site.

Nothing on the Site is a promise, guarantee, warranty or assurance that any system, network, application, organisation or control environment is secure or will remain secure.

The Site may allow you to submit enquiries, contact details, business information, technical information, documents, comments or other material (Submitted Material).

By submitting Submitted Material, you:

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

If you provide contact details through the Site, we may use them to respond to your enquiry and communicate with you about our Services.

We will only send commercial electronic messages where we have consent or are otherwise permitted by law. Any commercial electronic message we send will identify us and include a functional unsubscribe facility where required by law.

Nothing in these Terms gives you permission to perform security testing, vulnerability scanning, penetration testing, denial of service testing, social engineering, phishing, physical attacks, attempted unauthorised access, data exfiltration, or any similar activity against the Site, our systems, our personnel, or our providers.

If you believe you have identified a security vulnerability affecting the Site, you may report it to security@ascendantcyber.com. Your report must not include personal information, confidential data, credentials, exploit code, malware, or copied data unless we ask for it in writing.

You must not publicly disclose any suspected vulnerability without our prior written consent.

Unless otherwise stated, we own or license all rights, title and interest, including intellectual property rights, in the Site and its Content. Content includes text, graphics, logos, icons, images, videos, downloads, code, design elements, layout, trade marks, service names, business names, documents and other materials.

Your use of the Site does not transfer any intellectual property rights to you.

Except as expressly permitted by these Terms, you must not copy, reproduce, modify, adapt, translate, publish, communicate, distribute, sell, license, transmit, upload to a third party, create derivative works from, or otherwise exploit the Site or any Content without our prior written consent.

You must not remove or alter any copyright, trade mark, confidentiality or proprietary notices.

The Site may contain links to third party websites, platforms, tools, forms, calendars, payment processors, social media pages, embedded content or other resources.

Unless we expressly state otherwise, we do not control, endorse or approve third party sites, tools or content and are not responsible for them. Your use of third party sites, tools or content is at your own risk and may be governed by separate terms and privacy policies.

The Site is not intended to be an online storefront and does not itself set the fees, scope, payment terms or refund terms for our Services.

Fees, expenses, taxes, payment timing, payment methods, refunds and cancellations for Services will be governed by the relevant Service Agreement, quotation, invoice terms, payment link terms, and any non-excludable rights under applicable law.

If we make a third party payment facility available, that facility may be operated by a third party and may be subject to that third party's terms, fees, security controls and privacy practices.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that is imposed by law and cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law (Non-Excludable Rights).

Subject to your Non-Excludable Rights, and to the maximum extent permitted by law:

To the maximum extent permitted by law, we are not liable to you or any third party for any loss, damage, cost, expense, claim or liability, whether direct, indirect, consequential, special, incidental, punitive, present, future, fixed or unascertained, arising from or in connection with:

To the maximum extent permitted by law, you indemnify us and our officers, employees, contractors and agents against any loss, damage, cost, expense, claim or liability, including reasonable legal costs, arising from or in connection with:

If you provide, or are involved in providing, services that compete with our Services, you must not use the Site or Content for any competitive purpose, including to copy our materials, benchmark our Services, develop competing offerings, solicit our clients or staff, or otherwise obtain a commercial advantage at our expense.

We may seek injunctive relief, damages, an account of profits, or any other remedy available at law for breach of this clause.

We may suspend, restrict or terminate your access to all or part of the Site at any time if we reasonably consider that:

If a dispute arises out of or in connection with these Terms or the Site, either party may give the other party written notice describing the dispute and the outcome sought.

The parties must then use reasonable endeavours to resolve the dispute in good faith within 14 days after the notice is given.

If the dispute is not resolved within that period, either party may commence proceedings.

This clause does not prevent either party from seeking urgent interlocutory or injunctive relief, taking action to protect intellectual property or confidential information, or exercising rights that cannot lawfully be restricted.

These Terms are governed by the laws of Victoria, Australia.

Subject to any law that cannot be excluded, you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts entitled to hear appeals from those courts.

The Site may be accessed from outside Australia. We make no representation that the Site or Content complies with the laws of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws that apply to you.

You must not assign, transfer or novate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or novate our rights or obligations under these Terms as part of a business sale, restructure, merger, acquisition, change of control, or transfer of the Site or our business, provided doing so does not materially reduce your Non-Excludable Rights.

For questions or notices about these Terms, contact ASCENDANT CYBER PTY LTD (ABN 695 573 098) via our contact page.