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Terms and Conditions
Background
The Registrant has a requirement for Automated Scanning Services (the “Services”).
PSARN International has offered to provide the Services as set out in these term and conditions.
The Registrant has agreed to accept the offer made by PSARN International on these terms and conditions.
THE PARTIES AGREE AS FOLLOWS
Registrant’s obligations
To the maximum extent permitted by law the Registrant indemnifies PSARN International for any and all liability for claims made or losses relating to the Services.
By using the Services the Registrant warrants that they
have administrative responsibilities for the hosts that they are scanning or are otherwise authorised by the host to arrange for the conduct of the Services;
are not using resources that they do not have right to use;
will not violate and are not violating any applicable laws, regulations, codes of conduct or policies; and
have the full right to authorise PSARN International to conduct the Services including any and all intellectual property and moral rights.
Liability and Limitation of Liability
Subject to clause 5 the Registrant:
PSARN is not responsible for any damage, direct or indirect that may occur relating to these security tests; and
bears full responsibility for the warranties in clause 2 and indemnifies PSARN for any and all liability for claims made or losses due to a breach of these warranties or from PSARN’s conduct of the Services for whatever reason or whatever clause including, without limitation, negligence, contract, tort, negligence, privacy, intellectual property rights or moral rights or any other cause of action or remedy.
Confidential Information not to be disclosed
The report generated under these terms and conditions remains the property, of the Registrant. All information obtained during the Automated Scanning Services regarding the Registrant’s operations and assets, including but not limited to its procedures and systems is deemed confidential information and not be disclosed to any third party.
The Registrant and PSARN will both ensure that all information relating to this Agreement will remain strictly confidential and will not be discussed or disclosed to any third party without the express written consent of the Registrant.
Applicable law
The State and Fedral laws of Australia apply to these Terms and Conditions.