Terms of Service

These Terms of Service (Terms) govern your access to and use of the website at cyberbyte.com.au ((Website) operated by CyberByte Technologies (ABN 56 509 142 252) of Parcel Locker 10086 05328, 17 High Street, Berwick VIC 3806, Australia (CyberByte, we, us, our).

By accessing or using the Website, you agree to these Terms. If you do not agree, you must not use the Website. These Terms are supplementary to any signed Master Services Agreement (MSA), Statement of Work (SOW), or other contract between CyberByte and a business customer (Customer). If there is an inconsistency, the signed agreement prevails to the extent of the inconsistency.

CyberByte provides managed IT services, cybersecurity, cloud infrastructure, backup and disaster recovery, and related technology services to business customers in Australia and New Zealand. Services are typically delivered under a written agreement that specifies scope, service levels, fees, and term.

Information on the Website is general in nature and does not constitute a binding offer. Quotes, proposals, and assessments are subject to confirmation in a signed agreement.

You agree to use the Website only for lawful purposes. You must not:

• Attempt to gain unauthorised access to our systems, networks, or data
• Introduce malware, conduct denial-of-service attacks, or interfere with Website operation
• Scrape, crawl, or harvest content or data without our prior written consent
• Misrepresent your identity or affiliation
• Use the Website in a manner that infringes intellectual property or other rights
• Submit false, misleading, or malicious information through forms or communications

We may suspend or restrict access to the Website at any time for maintenance, security, or operational reasons without notice.

When you submit an enquiry, request a quote, or book a free IT or security assessment, you agree to provide accurate information. An assessment or quote does not create a client relationship or obligation to purchase services until a formal agreement is executed.

Any recommendations provided during a preliminary assessment are based on information available at the time and may change following full discovery under a paid engagement.

Where you become a Customer, the following general principles apply unless your signed agreement states otherwise:

• Services are provided to the business entity named in the agreement, for authorised users and systems within agreed scope
• You are responsible for providing timely access, accurate information, and a safe working environment for on-site work where applicable
• You must maintain appropriate licences for third-party software and comply with vendor terms
• Changes to scope, user counts, or environments may affect fees and require a change order
• We may use subcontractors and approved third-party tools to deliver services

Specific service levels, response times, and exclusions are defined in your MSA, Service Level Agreement (SLA), or SOW—not on this Website.

Fees are quoted in Australian dollars (AUD) unless otherwise agreed in writing. For New Zealand customers, fees may be quoted or invoiced in New Zealand dollars (NZD) where specified in the customer agreement.

• Recurring managed services fees are typically billed monthly in advance unless agreed otherwise
• Project work, hardware, software, and out-of-scope requests may be billed separately
• Invoices are due within the period stated on the invoice (commonly 14 days)
• Late payment may incur interest, suspension of services, or recovery costs permitted by law
• All fees are exclusive of GST, VAT, or other applicable taxes unless stated otherwise

Billing enquiries: accounts@cyberbyte.com.au

Each party may receive confidential information from the other in connection with enquiries or services. Both parties agree to protect confidential information using reasonable care and to use it only for the purpose for which it was provided, except where disclosure is required by law or with the other party's consent.

We treat customer environment data, credentials, and business information as confidential subject to our service agreements and Privacy Policy.

All content on the Website—including text, graphics, logos, and layout—is owned by or licensed to CyberByte and protected by copyright and other intellectual property laws. You may view and print pages for personal or internal business reference only.

Documentation, scripts, and materials we create specifically for you under a paid agreement are handled in accordance with that agreement. Pre-existing tools, methodologies, and general know-how remain our property.

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, or remedy that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or equivalent New Zealand consumer protection laws.

To the extent permitted by law, the Website and any free content or assessments are provided on an “as is” basis. We do not warrant uninterrupted or error-free Website operation.

For paid services, warranties and remedies are set out in your signed customer agreement. Where our services are supplied to a business customer and the consumer guarantees do not apply, we limit liability as permitted by law (see section 10).

To the maximum extent permitted by law, CyberByte is not liable for any indirect, incidental, special, or consequential loss—including loss of profit, revenue, data, or business opportunity—arising from use of the Website or general reliance on Website content.

For paid services, liability limits and exclusions are defined in your MSA or SOW. Where liability cannot be excluded, our liability is limited—at our option—to resupply of the services or payment of the cost of resupply, or otherwise as permitted under applicable law.

You are responsible for maintaining your own backups, insurance, and business continuity arrangements unless explicitly included in your service agreement.

You agree to indemnify CyberByte against claims, losses, and expenses arising from your breach of these Terms, misuse of the Website, or provision of inaccurate information—except to the extent caused by our negligence or wilful misconduct.

We may terminate or suspend your access to the Website at any time if you breach these Terms. Termination of managed services is governed by your customer agreement, including notice periods and data return or deletion obligations.

Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms by reference.

These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Before commencing formal proceedings, parties agree to attempt to resolve disputes in good faith through direct negotiation. Nothing prevents either party from seeking urgent injunctive or equitable relief.

We may update these Terms by publishing a revised version on this page. Continued use of the Website after changes are posted constitutes acceptance of the updated Terms. Material changes affecting active customers may also be communicated under applicable contracts.

CyberByte Technologies
ABN 56 509 142 252
Parcel Locker 10086 05328, 17 High Street, Berwick VIC 3806, Australia
Email: legal@cyberbyte.com.au
Phone: 0400401518