Terms and Conditions

Last updated: Jun 06, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: New Zealand

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Advance Security

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement is a Demo.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

  • Website refers to Advance Security, accessible from https://advancesecurity.co.nz/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

General Terms

All prices are in New Zealand dollars and are valid for 30 days from the date on the cover page of the statement of work (SoW).

All delivery dates outlined in the statement of work are valid for seven days from the date on the cover page of the Statement of Work. Delivery dates for signed statements of work received after seven days are subject to change and are not guaranteed.

Unless otherwise agreed in writing by the parties in respect of a particular timeframe, any delivery dates or other timeframes for commencement, progression or completion of Services or Work Product provided by us under this Statement of Work are estimates only and we shall not be in breach of this Agreement or Statement of Work (or liable to you) for any failure to achieve such timeframes.

Project delays caused by the Client may be charged at a day for each consultant requested if the notice period is less than five working days. This charge will be in addition to the above-agreed budget.

The Client will reimburse us (at cost) for all third-party tooling and licensing costs incurred by us in connection with the provision of the Services and Work Product.

Advance Security will invoice the Client on the last day of the month for the work conducted during that month and the payment is due by the 20th of the following month. Unpaid or outstanding invoices will be passed to a third party with all charges including interest and collections fees to be met by the Client.

Regression testing is based on standard rates charged in reasonable increments (time, effort, and report update).

Regression testing covers previously identified issues only to test if resolutions have been implemented. This is not intended as a complete retest.

Where it is not possible to deliver and/or return any required physical equipment in person, the delivery cost will be an additional charge.

The minimum consulting rate is a one-day engagement within normal business hours (9.00 am to 5.00 pm Monday to Friday).

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Limitation of Liability

Advance Security carries out all services in a professional manner and will make all reasonable efforts to not cause loss of data. Our services are based on recognised industry standards as defined in the approach of this document and are subject to internal peer review before being submitted to the Client.

Acceptance of this statement of work by the Client acknowledges the acceptance of risks associated with the security review to be carried out under the terms of this statement of work. Due to the types of testing undertaken during security audits, there is always the possibility of undesirable consequences as a result of the use of automated tools, and or manual testing methods. Computer systems and networks also behave in a manner outside the control of Advance Security, which can cause unforeseeable results during testing.

Advance Security warrants that all reasonable care will be taken, consistent with the accepted industry standards for the types of testing conducted by Advance Security, during testing and will alert the Client as soon as is reasonably possible to any identified network or computer system damage caused through the testing.

As this is a point-in-time assessment, defined by the time and budget of this statement of work, Advance Security does not guarantee we will find all discoverable vulnerabilities during this engagement.

The Client acknowledges and indemnifies Advance Security against any action by a third party as a result of the testing or advisory work outlined in this statement of work, except to the extent where Advance Security’s misconduct or negligence has resulted in the claim.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

This Statement of Work, including alterations and variations is governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand concerning any dispute arising under, or about this Statement of Work. Advance Security also retains the right to bring proceedings in any other court of competent jurisdiction.

Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: