Terms and Conditions

1. Introduction

1.1 These Terms and Conditions (“Terms”) apply to the services provided by Cybermindz.org Ltd (“Cybermindz.org”, “we”, “us”, “our”) to the client (“Client”, “you”, “your”).

1.2 By engaging Cybermindz.org for services, the Client agrees to these Terms in full. If the Client does not agree to these Terms, they should not proceed with engaging our services.

2. Services

2.1 Cybermindz.org agrees to provide the services (“Services”) specified in the engagement agreement or any other document outlining the scope of work agreed upon by both parties.

3. Warranties

3.1 Cybermindz.org warrants that it will provide the Services with due skill and care.

3.2 The Client warrants that:

  1. They will provide Cybermindz.org with accurate and complete information necessary for the performance of the Services.
  2. They have the legal right and authority to engage Cybermindz.org for the Services.

4. Indemnities

4.1 The Client agrees to indemnify and hold harmless Cybermindz.org, its directors,
employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including legal fees) arising out of or in connection with:

  1. Any breach by the Client of these Terms.
  2. Any negligence, wrongful act, or omission by the Client.

5. Confidentiality

5.1 Both parties agree to keep confidential any and all information, whether written or oral, \ concerning the business and affairs of the other party that is obtained or received as a result of the provision of the Services.

5.2 Confidential information shall not include information that:

  1. Is or becomes public knowledge other than by breach of this clause;
  2. Is in the possession of the receiving party without restriction in relation to
    disclosure before the date of receipt from the disclosing party;
  3. Is received from a third party who lawfully acquired it and who is under no
    obligation restricting its disclosure.

5.3 Each party agrees not to use the other party’s confidential information for any purpose other than the performance of the Services.

6. Limitation of Liability

6.1 To the extent permitted by law, Cybermindz.org shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  1. The Client’s use of the Services;
  2. Any unauthorised access to or use of our servers and/or any personal information stored therein.

6.2 Cybermindz.org’s total liability to the Client for any claim arising out of or in connection with these Terms or the Services will be limited to the amount paid by the Client to Cybermindz.org for the Services.

7. Governing Law

7.1 These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of New South Wales, Australia.

8. Dispute Resolution

8.1 In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations.

8.2 If the dispute cannot be resolved through negotiations, the parties agree to refer the dispute to mediation before initiating any court proceedings.

9. Termination

9.1 Either party may terminate the Services by providing 30 days’ written notice to the other party.

9.2 Cybermindz.org may terminate the Services immediately if the Client breaches any material term of these Terms and fails to remedy the breach within 14 days of being notified in writing of the breach.

10. Miscellaneous

10.1 These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

10.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

10.3 No failure or delay by either party in exercising any right under these Terms will operate as a waiver of that right.

10.4 The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of Cybermindz.org.

10.5 By engaging Cybermindz.org for Services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms.

For any questions or clarifications regarding these Terms and Conditions, please contact Cybermindz.org at support@cybermindz.org.

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