Terms and Conditions

General Terms

1. 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.
2. All delivery dates outlined in the statement of work are valid for seven days from the date on 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.
3. 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.
4. Project delays caused by the Client will be charged at a day rate of $2,400 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.
5. 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.
6. Bastion 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.
7. Regression testing is based on standard rates charged in 4-hour 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.
8. Where it is not possible to deliver and/or return any required physical equipment in person, the delivery cost will be an additional charge.
9. Minimum consulting rate is a one-day engagement within normal business hours (9.00am to 5.00pm Monday to Friday).

Exclusion of Liability

1. Bastion 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.
2. 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 Bastion, which can cause unforeseeable results during testing.
3. Bastion warrants that all reasonable care will be taken, consistent with the accepted industry standards for the types of testing conducted by Bastion, 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.
4. As this is a point in time assessment, defined by the time and budget of this statement of work, Bastion do not guarantee we will find all discoverable vulnerabilities during this engagement.
5. The Client acknowledges and indemnifies Bastion 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 Bastion’s misconduct or negligence has resulted in the claim.

Governing Law & Jurisdiction

1. 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 with respect to any dispute arising under, or in relation to this Statement of Work. Bastion also retains the right to bring proceedings in any other court of competent jurisdiction.