Legal — Terms

Terms of Service

🇦🇺 All data is processed and stored exclusively within Australia. QTech Cyber complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the Security of Critical Infrastructure Act 2018. No personal or client data is transferred offshore.

1. Governing Law and Jurisdiction

These Terms of Service ("Terms") constitute a legally binding agreement between you and Quantech Services - QTech Cyber (ABN: 66 525 431 947) ("QTech Cyber"). These Terms are governed by the laws of New South Wales, Australia, and the Commonwealth of Australia. Any dispute arising in connection with these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales and any applicable federal courts of Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

🇦🇺 QTech Cyber is an Australian company operating entirely under Australian Commonwealth and New South Wales law. All client engagements, contracts, and data obligations are governed accordingly.

2. Services and Authorisation

QTech Cyber provides professional cybersecurity services including but not limited to penetration testing, AI/LLM security assessments, red team operations, threat intelligence, incident response, AI readiness consultancy, and managed security advisory services. All services are delivered under a separately executed Statement of Work (SOW) and, where applicable, Rules of Engagement (RoE) document.

All offensive security and active testing activities are conducted exclusively under explicit written authorisation from the client or the system owner. Unauthorised testing is strictly prohibited and constitutes a criminal offence under the Criminal Code Act 1995 (Cth) and the Cybercrime Act 2001 (Cth). QTech Cyber will not conduct any testing activity beyond the scope defined in the executed SOW and RoE.

3. Australian Consumer Law Compliance

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). For services to consumers, we guarantee that our services will be rendered with due care and skill, will be fit for the stated purpose, and will be delivered within a reasonable time if no time is specified. Nothing in these Terms purports to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL that cannot lawfully be excluded or limited.

Where permitted by the ACL and where services are provided to a business (not a consumer), our liability for breach of an implied warranty is limited at our option to re-supplying the services or paying the cost of having the services re-supplied.

4. Intellectual Property

All methodologies, tools, frameworks, and proprietary processes developed by QTech Cyber remain the intellectual property of QTech Cyber. Deliverables produced specifically for a client engagement (reports, assessments, roadmaps) are licensed to the client for their internal use upon full payment of applicable fees. QTech Cyber retains the right to use anonymised, de-identified findings for research, training, and benchmarking purposes.

5. Confidentiality Obligations

Both parties agree to treat all information exchanged in connection with an engagement as strictly confidential. QTech Cyber operates under mutual Non-Disclosure Agreements (NDAs) for all client engagements and complies with the Privacy Act 1988 (Cth) in relation to any personal information encountered during service delivery. Our personnel are bound by confidentiality obligations that survive the termination of their engagement with us.

6. Data Handling and Retention

Any data accessed, captured, or processed during an authorised engagement is handled exclusively within Australia, consistent with the Australian Government Information Security Manual (ISM) and the Protective Security Policy Framework (PSPF). Data is retained only for the duration agreed in the SOW. Upon engagement closure, all client data is securely destroyed in accordance with ASD-approved sanitisation methods. We do not retain client engagement data for any purpose beyond the agreed engagement period without the client's explicit written consent.

7. Limitation of Liability

To the maximum extent permitted by applicable law, including the ACL, QTech Cyber's total aggregate liability to you for any claims arising from or in connection with our services shall not exceed the total fees paid by you to QTech Cyber in the three months immediately preceding the event giving rise to the claim. QTech Cyber excludes all liability for indirect, consequential, incidental, special, or punitive loss or damage including loss of profits, revenue, data, or business opportunity, to the extent permitted by law.

8. Payment Terms

Fees for services are as agreed in the applicable SOW or proposal. Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. QTech Cyber reserves the right to suspend service delivery in the event of non-payment. Late payments may attract interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) or equivalent applicable legislation.

9. Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve it through good faith negotiation. If unresolved within 30 days, either party may refer the dispute to mediation before a mediator agreed upon by the parties or appointed by the Australian Disputes Centre. Legal proceedings may only be commenced if mediation fails to resolve the dispute.

10. Contact

For all legal and Terms enquiries: legal@qtechcyber.ai
Registered office: Australia (address available upon request)