1. DEFINITIONS

2. ENTIRE AGREEMENT

The Terms and Conditions detail the agreement between the Service Provider and Subscriber and constitutes the entire agreement of the parties in respect of the matters dealt with in this agreement and supersedes all prior agreements, understandings, undertakings, and negotiations in respect of the matters dealt with in this agreement. The Subscriber agrees to waive any cooling off period applicable to this contract.

By subscribing to the Security Portal, the Subscriber has indicated at the time of subscribing that they have read and agreed to these Terms and Conditions.

These Terms and Conditions may be varied by the Service Provider at any time by notifying the Subscriber via email or via the Security Portal.

3. GOVERNING LAW

This Contract is governed by the laws in force in the State of Victoria, Australia.

4. SERVICES AND RESOURCES

The services and resources available from the Security Portal may be varied by the Service Provider at any time.

• PHYSICAL SECURITY RISK ASSESSMENTS

The Physical Security Risk Assessment feature of the Security Portal provides a general overview of security risk levels based on input from the Subscriber. It is not intended to replace a comprehensive on-site security risk assessment carried out by a professional security consultant which may identify additional risks.

• TECHNICAL SPECIFICATION TEMPLATES

The Technical Specification Templates provide the Subscriber with a base for developing their own tailored specifications. The Subscriber is to review these and modify them to suit their individual requirements. The Subscriber is not licensed to develop documents based on the templates for application to works outside of their own entity.

• TRAINING MODULES

The Training modules provide general security awareness training. They are not accredited courses. The Training modules do not supersede the Subscriber’s pre-existing policies or procedures. The Subscriber is responsible for ensuring that Registered Trainees understand to follow the Subscriber’s policies and procedures.

• INCIDENT REPORTING

Incident reporting is provided as a means for recording and reporting security related incidents.

• VENDOR RISK MANAGEMENT

Vendor risk ratings are based on information provided by the Subscriber. The ratings do not provide any endorsement of any vendor. Any adverse vendor ratings are at the Subscriber’s risk of actions that may be taken by the Vendor as a consequence.

• PSPF COMPLIANCE MATURITY TRACKING

The PSPF maturity tracking is designed to assist appropriately experienced personnel in reporting on their current PSPF maturity. Individual circumstances may vary according to the Subscriber.

• BUSINESS CONTINUITY MATURITY TRACKING

The Business Continuity maturity tracking is designed to assist appropriately experienced personnel in reporting on their current Business Continuity maturity. Individual circumstances may vary according to the Subscriber.

• SECURITY EQUIPMENT REGISTER

The Security Equipment Register is a means for recording all security equipment in an organized manner.

• COST ESTIMATIONS

The Cost Estimations are a general guide only and will vary in different environments. They are not to be relied upon for budgeting purposes without expert review.

• SUPPLIER SECURITY LICENCE AND REGISTRATION VERIFICATION

The Supplier Security Licence and Registration Verification is provided by sources outside of the Portal.

• SECURITY LIBRARY

The Security Library includes documents from different publishers and authors. The content of the documents may vary in accuracy depending upon the author. The Subscriber acknowledges that each file within the Security Library may have unique copyright restrictions. The Subscriber agrees to adhere to each file’s copyright statements. If the Subscriber is unsure or cannot find this information, the Subscriber must confirm these restrictions with the Service Provider before beings used in any way.

• SECURITY DOCUMENT TEMPLATES

The Security Document Templates are designed as a starting point for the development of more detailed documents. It is recommended that they be completed by persons with appropriate experience and qualifications.

5. ACCESS TO THE SECURITY PORTAL AND ITS RESOURCES

Access to the Security Portal is provided to Registered Users. These individuals will be provided with credentials to access the Security Portal. The credentials are not to be used by any other person without the permission of the Service Provider.

Resources obtained from the Security Portal are for the use of the Subscriber and are not to be provided to any person that is not directly employed by the Subscriber.

6. UPDATES TO THE SECURITY PORTAL

The Security Portal may be updated or changed for improvements at any time by the Service Provider.

7. PERMITTED USAGE

The Subscriber may not share access to the Security Portal materials with any person who is not directly employed by the Subscriber or any entity outside of the Subscriber.

The Subscriber shall not use scripts or other robotic methods to automatically download resources from the Security Portal.

The Subscriber shall not post any Security Portal resources to any third-party server or peer-to-peer network.

The Subscriber shall not download resources in masse from the Security Portal.

The Subscriber shall not reverse compile, disassemble, remove, release, disclose, reveal, copy, extract, modify or otherwise reverse engineer all or any part of the Security Portal or any software, documentation or data related to the Security Portal.

The Subscriber shall not directly or indirectly subscribe on behalf of a third party. All subscriptions are to be approved by the Service Provider.

Breach of any of the above by the Subscriber, their staff, contractors, Registered Users, or others that obtained access to the Security Portal or its resources via the Subscriber, will result in the temporary or permanent termination of access rights for the Subscriber without any refund of subscription fees, and the Subscriber agrees to remedy any breach in a manner determined by the Service Provider.

8. USE OF DATA

The Subscriber agrees that the Service Provider may collect and use non-identifiable data to improve the Security Portal. More information can be referred to in the Service Provider’s Privacy Policy.    

9. THIRD-PARTY MATERIALS

The Service Provider is not responsible or liable for third party materials included within or linked to the Security Portal.

10. PAYMENT

Subscription payments shall be received annually in advance by the Service Provider prior to the services being provided. No refunds are provided unless required by law.

11. LIMITATION OF LIABILITY OF SERVICE PROVIDER

The purpose of the Security Portal is to provide resources to the Subscriber. It is the responsibility of the Subscriber to develop, modify and use the resources to meet with their needs. Undetected errors, omissions or irregularities may occur in any document and the Subscriber agrees that the Service Provider has no liability for errors and / or omissions or for any other matter. The Subscriber agrees that the Service Provider will not be held by them, directly or indirectly, for any direct, indirect, or consequential loss, or damage.

12. COPYRIGHT NOTICE

Resources on the Security Portal are the intellectual property and copyright of the Service Provider and are licensed for use by the Subscribers during the period of their subscription. Subscribers to the Security Portal may use the template during their subscription period, but any use of a template to produce documents after a subscription has expired will be a breach of copyright. All documents produced by the Subscriber must include a publication date.

13. TEMPLATE USAGE

The Subscriber is licensed to edit Security Portal templates and where applicable, distribute the edited templates for the purpose of specifying works to third parties. The Subscriber may include their logos and other personalized information in the edited templates. Edited templates must include the following copyright notice:

This template that this document has been based on is the intellectual property and copyright of Connley Walker Holdings Pty Ltd. The template is licensed to a current subscriber to the Connley Walker Security Portal. In the event of a subscriber discontinuing their subscription, then the licence to use this template is revoked.

14. DISPUTES

Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

15. ASSIGNMENT

The Subscriber may not assign their rights or obligations under the contract without the written approval of the Service Provider.

16. TERMINATION

The Service Provider may terminate the contract by giving 24 hours’ notice via email. A pro-rata part of the subscription fee less expenses as determined by the Service Provider shall refunded in the event of the termination of the services,

17. INDEMNITY

The Subscriber agrees to indemnify the Service Provider against any and all claims arising out of their use of the Security Portal. The Subscriber must promptly provide written notice to the Service Provider of any event or circumstances in relation to the provision of the Services that may result in a claim against the Subscriber or the Service Provider. The Subscriber must provide the Service Provider with all documents and information requested by the Service Provider in relation to any such claims and keep the Service Provider fully informed of all developments in connection with any such claims.

18. NOTICES

Any notice, demand, consent, approval, or communication under this agreement must be in English and signed by a person duly authorized by the sender. Notices must be delivered via registered mail to the address included in this agreement. A copy of any notice is to be sent via email to the email address included in this agreement.

19. SEVERABILITY

The Company and the Contractor consider the covenants, obligations and restrictions contained within this agreement to be reasonable in all the circumstances of the agreement. Unenforceability of a provision of this agreement does not affect the enforceability of any other provision. If any provision is void, voidable or unenforceable, it shall be taken to be severed from the agreement.

20. EXPIRY AND RENEWAL OF SUBSCRIPTION

At the expiry of the subscription period the Subscriber may renew upon the Service Provider receiving payment for the renewal period. If the Subscriber does not renew the subscription, then they are to immediately cease from using any resources obtained from the Security Portal. The Subscriber agrees that they are only licensed to use the resources during a paid subscription period and using the resources outside of a subscription period is a breach of copyright.

21. CONFIDENTIALITY

The Subscriber agrees to keep this agreement confidential and that its disclosure may cause harm to the Service Provider.

SERVICE PROVIDER