Cyvance Pty Ltd – Terms & Conditions
Last Updated: 2026
About These Terms
These Terms & Conditions (“Terms”) govern your access to and use of Cyvance’s website and any IT, cybersecurity, risk, governance or advisory services provided by Cyvance (“Services”).
By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree, you must not use our website or Services.
Nature of Services
Cyvance provides independent IT and cybersecurity advisory services, including assessments, reviews, guidance, reporting and recommendations.
Unless expressly agreed in writing:
- Cyvance does not provide managed services, system administration, software development, or real-time monitoring.
- Cyvance does not guarantee the prevention of cyber incidents, security breaches, outages or losses.
- Responsibility for implementation of recommendations remains with the client or their nominated providers.
No Guarantee of Outcomes
Cybersecurity and IT risk management involve inherent and evolving risks. While Cyvance applies reasonable skill, care and professional judgment, no representation or warranty is given that:
- Systems will be secure or free from vulnerabilities
- Threats, breaches or incidents will not occur
- Compliance outcomes will be achieved
All advice is provided on a best-efforts and risk-based basis.
Client Responsibilities
You agree to:
- Provide accurate, complete and timely information
- Ensure Cyvance has appropriate authorisation to access, data or documentation
- Maintain responsibility for business, technical and security decisions
- Implement recommendations at your own discretion
Cyvance is not responsible for issues arising from incomplete, inaccurate or withheld information.
Fees, Invoicing and Payment
- Fees are as agreed in writing prior to commencement
- Invoices are payable within the timeframe specified on the invoice
- Late payments may result in suspension of Services
- Unless otherwise stated:
- All fees are in AUD
- GST applies where relevant unless stated otherwise
- Late fees or interest may apply
- Services may be paused for overdue invoices
Cyvance reserves the right to recover reasonable costs associated with overdue payments.
Intellectual Property
Unless otherwise agreed in writing:
- Cyvance retains all intellectual property rights in methodologies, frameworks, tools, templates and materials developed prior to or independently of the engagement
- Clients are granted a non-exclusive, non-transferable licence to use deliverables internally for their business purposes
No material may be reproduced, distributed or commercialised without Cyvance written consent.
Confidentiality
Each party agrees to keep confidential any non-public information received from the other party and to use it only for the purpose of the engagement, unless disclosure is:
- Required by law
- Authorised in writing
- Already lawfully in the public domain
This obligation survives termination of the engagement.
Privacy
Cyvance handles Personal Information in accordance with its Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using our Services, you consent to such handling.
Limitation of Liability
To the maximum extent permitted by law:
- Cyvance total liability arising from the Services is limited to the fees paid to Cyvance for the relevant Services
- Cyvance is not liable for indirect, consequential, special or economic loss, including loss of profit, revenue, data or opportunity
- Cyvance is not liable for acts or omissions of third-party providers, including IT vendors, MSPs, cloud providers or software platforms
Nothing in these Terms excludes liability that cannot be excluded under Australian Consumer Law.
Third-Party Tools and Services
Cyvance may rely on or reference third-party tools, platforms or information sources. Cyvance does not warrant or accept responsibility for the availability, security or performance of third-party services.
Termination
Either party may terminate an engagement:
- In accordance with the agreed engagement terms; or
- Immediately if the other party materially breaches these Terms
Termination does not affect accrued rights, payment obligations or confidentiality provisions.
Website Use
You must not:
- Misuse or interfere with the website
- Attempt unauthorised access to systems
- Rely on website content as professional advice without a formal engagement
Website content is provided for general information only.
Changes to These Terms
Cyvance may update these Terms from time to time. The current version will be published on our website and applies from the date of publication.
Governing Law
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts.
Contact
For questions regarding these Terms or our Services, contact:
Email: info@cyvance.com.au
Cyvance Pty Ltd | Cyber Advisory Disclaimer
Important Disclaimer
Cyvance provides independent IT and cybersecurity advisory services only. Our services are designed to support informed decision-making, risk management and governance outcomes but do not guarantee security, compliance, or risk elimination.
Cybersecurity threats, vulnerabilities and risks are constantly evolving. No system, environment or control framework can be made completely secure.
No Guarantee of Security Outcomes
While Cyvance applies reasonable skill, care and professional judgment consistent with industry standards, we do not warrant or guarantee that:
- Security incidents, breaches or outages will not occur
- Identified risks represent all risks present
- Vulnerabilities will not emerge after an assessment
- Regulatory or compliance outcomes will be achieved
All advice and recommendations are provided on a best-efforts, point-in-time and risk-based basis.
Advisory Only – No Operational Control
Unless expressly agreed in writing, Cyvance:
- Does not implement technical controls
- Does not manage or operate client systems
- Does not provide managed security services (MSSP)
- Does not monitor systems in real time
Responsibility for implementation, configuration, operation and ongoing security remains with the client and/or their nominated service providers.
Third-Party Environments and Providers
Cyvance is not responsible for:
- Acts or omissions of third-party IT providers, MSPs, vendors or cloud platforms
- Failures or weaknesses in third-party software, services or infrastructure
- Decisions made by the client contrary to or outside Cyvance advice
References to tools, platforms or standards do not constitute endorsements.
Use of Deliverables
All reports, findings and recommendations are prepared solely for the client and must not be relied upon by third parties without Cyvance prior written consent.
Limitation of Liability
To the maximum extent permitted by law, Cyvance disclaims liability for indirect, consequential or economic loss arising from reliance on advisory services or deliverables.
This disclaimer operates in conjunction with Cyvance Terms & Conditions.
Engagement Scope & Reliance Disclaimer
Scope of Engagement
Cyvance services are limited strictly to the scope agreed in writing (including proposals, statements of work or engagement letters).
Any matter not expressly included in the agreed scope is excluded, including but not limited to:
- Penetration testing or exploitation
- Continuous monitoring or alerting
- Incident response execution
- Legal, financial or insurance advice
Point-in-Time Assessment
All assessments, reviews and opinions provided by Cyvance:
- Reflect conditions observed at the time of engagement
- Are based on information provided by the client or authorised third parties
- May be impacted by changes in systems, users, threats or configurations
Cyvance has no obligation to update findings unless separately engaged to do so.
Reliance on Client Information
Cyvance relies on the accuracy, completeness and timeliness of information supplied by the client. Cyvance is not responsible for errors, omissions or outcomes resulting from:
- Incomplete or inaccurate information
- Restricted information or documentation
- Undisclosed risks, incidents or constraints
Decision-Making Responsibility
All business, technical, financial and risk decisions remain the responsibility of the client. Cyvance does not assume responsibility for:
- Risk acceptance decisions
- Budgetary or resourcing decisions
- Vendor selection or contract negotiations
- Implementation approaches
No Legal or Regulatory Advice
Unless explicitly stated otherwise in writing, Cyvance does not provide legal, regulatory, insurance or financial advice. Clients should seek independent professional advice where required.
Third-Party Reliance
Cyvance deliverables must not be provided to or relied upon by third parties without written consent. Cyvance accepts no liability to third parties.
Governing Terms
This disclaimer forms part of and must be read in conjunction with Cyvance Terms & Conditions and Privacy Policy.