Welcome To Pstrike Terms Conditions
These Terms and Conditions (“Agreement”) govern the relationship between Pstrike (“Agency”), a cyber security agency located at C-27, C Block, Phase 2, Industrial Area, Sector 62, Noida, Uttar Pradesh 201309, and its clients (“Client”) regarding the provision of cyber security services.
Scope of Services
Service Definition: Pstrike offers various cyber security services, including but not limited to: vulnerability assessments, penetration testing, security audits, managed security services (MSS), incident response, and security consulting (collectively, the “Services”).
Engagement Specifics: The specific details, deliverables, timelines, and fees for any Service engagement will be outlined in a separate, mutually agreed-upon Statement of Work (SOW) or Service Agreement, which shall form part of this Agreement.
Limitations: The Services provided by Pstrike are based on the information and access provided by the Client. Pstrike does not guarantee that all vulnerabilities will be identified, as new threats emerge constantly. Our work represents an assessment at a specific point in time.
Client Obligations
Authorization: The Client warrants that they have full ownership of, or legal authorization to conduct security testing on, the assets (networks, applications, infrastructure) provided to Pstrike. The Client agrees to indemnify Pstrike against any claims arising from unauthorized access or testing.
Access and Information: The Client must provide Pstrike with all necessary and accurate information, credentials, and access required to perform the Services in a timely manner. Delays caused by the Client’s failure to provide information may result in adjustments to the Service timeline.
Legality: The Client shall not request any Services that violate local, state, national, or international laws
Confidentiality and Data Protection
Mutual Confidentiality: Both the Agency and the Client agree to treat all non-public information received from the other party as confidential. This includes, but is not limited to, trade secrets, intellectual property, security vulnerabilities, business plans, and pricing information.
Data Handling: Pstrike will handle all Client data and security findings with the highest degree of confidentiality and security. Data will be retained only for the period necessary to complete the Services and as required by law, after which it will be securely destroyed, unless otherwise specified in the SOW.
Disclosure of Vulnerabilities: Pstrike will only disclose discovered vulnerabilities and security risks directly to the authorized Client contact(s) and will not make them public without the Client’s explicit written consent.
Payment Terms
Fees: The Client agrees to pay Pstrike the fees specified in the SOW or Service Agreement.
Invoicing and Payment: Payment terms will be specified in the SOW. Unless otherwise stated, invoices are due net thirty (30) days from the invoice date.
Late Payments: Pstrike reserves the right to charge interest on overdue invoices at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Pstrike may suspend Services until all outstanding amounts are paid in full.
Intellectual Property
Agency IP: All methodologies, tools, software (excluding commercial third-party software), reports (excluding Client-specific data), and techniques developed or used by Pstrike to perform the Services shall remain the exclusive intellectual property of Pstrike.
Client IP: All Client data, systems, and pre-existing intellectual property remain the exclusive property of the Client.
Deliverables: Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the final reports and custom-developed code or scripts provided as specified deliverables, solely for their internal business security purposes.
Limitation of Liability
Maximum Liability: In no event shall Pstrike’s total liability to the Client for any and all claims arising out of or related to this Agreement, whether in contract, tort, or otherwise, exceed the total fees paid by the Client to Pstrike for the specific Services giving rise to the claim in the twelve (12) months preceding the claim.
Exclusion of Damages: Pstrike shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of data, or business interruption, even if Pstrike has been advised of the possibility of such damages.
Security Incidents: Pstrike is not liable for any security breaches or losses that occur after the completion of the Services, as the Client is ultimately responsible for implementing and maintaining security controls.
Termination
Termination for Convenience: Either party may terminate this Agreement or any SOW with thirty (30) days written notice. The Client shall pay Pstrike for all Services rendered and expenses incurred up to the effective date of termination.
Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any term of this Agreement and fails to remedy the breach within fifteen (15) days of receiving notice.
Governing Law and Dispute Resolution
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts in Noida, Uttar Pradesh shall have exclusive jurisdiction over any disputes arising under this Agreement.
Dispute Resolution: In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within a reasonable time, the parties agree to pursue binding arbitration in Noida, Uttar Pradesh, in accordance with the Arbitration and Conciliation Act, 1996 (India).
General Provisions
Entire Agreement: This Agreement, together with any applicable SOWs, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, proposals, and communications.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: The failure of either party to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.