Terms of Service

Last updated: 13 October 2026  ·  PraetorianX (ABN 68 549 085 355)

1. About these terms

These Terms of Service ("Terms") are between PraetorianX (ABN 68 549 085 355) ("PraetorianX", "we", "us" or "our") and you, either as an individual or on behalf of the organisation you represent ("you" or the "Client").

They apply to your use of praetorianx.au (the "Website") and to the digital forensics, eDiscovery, managed IT and ICT consulting services we provide (the "Services"). By using the Website or engaging us, you agree to these Terms.

2. Use of this website

• Website content is general information about PraetorianX and our Services. It is not legal, technical or professional advice for your circumstances.
• Using the Website or sending us an enquiry does not create a client relationship. A relationship begins only when we confirm an engagement in writing.
• Please do not send confidential material or evidence through the Website or by unsolicited email. Contact us first and we will arrange a secure transfer method.
• You must not misuse the Website. This includes attempting unauthorised access, scanning or probing for vulnerabilities, interfering with its operation, or scraping it for commercial purposes.
• We may change, suspend or withdraw any part of the Website at any time.

3. Engagements

• Each engagement is documented in an engagement letter, proposal or statement of work (an "Engagement Document"). It sets out the scope, deliverables, timeframes and fees.
• If an Engagement Document conflicts with these Terms, the Engagement Document prevails to the extent of the conflict.
• Changes to scope must be agreed in writing and may affect fees and timeframes.
• Estimates of time or cost are made in good faith based on the information available. Forensic work in particular may reveal matters, such as encryption, damaged media or unexpected data volumes, that require a revised estimate.

4. Client authority & warranties

When you provide devices, accounts, credentials, data or other material to us, or instruct us to access systems, you warrant that:

• you own the material or systems, or have all the authority, consents and legal rights needed for us to access and examine them;
• our work under your instructions will not breach any law, including the Privacy Act 1988 (Cth), surveillance devices laws, telecommunications interception laws, cybercrime laws, or any court order; and
• the information you give us is accurate and complete.

We may ask for evidence of authority and may decline or stop work if we are not satisfied. We will not act on instructions that we reasonably believe are unlawful.

5. Independence & no legal advice

• Our forensic findings, reports and opinions reflect the evidence as we find it. We do not guarantee that any investigation will produce particular results, or that any matter will have a particular outcome.
• Where we act as an expert witness, our paramount duty is to the court, in accordance with the applicable expert witness code of conduct. That duty overrides any obligation to the party who engaged us.
• We provide technical and forensic services, not legal advice. You should rely on your own lawyers for legal advice.

6. Evidence & chain of custody

• We record every transfer of physical and digital evidence on a chain-of-custody record and verify data integrity using cryptographic hashing.
• We apply forensically sound methods designed to support admissibility under the Evidence Act 1995 (Cth) and equivalent state legislation. Admissibility is ultimately a matter for the court.
• Forensic examination of damaged, encrypted or failing media can cause further degradation or data loss despite proper care. Where this is a material risk, we will tell you before proceeding where practicable.
• When the engagement ends, evidence is returned or securely destroyed as set out in the Engagement Document or your written instructions. Material left uncollected for 90 days after the engagement ends may be securely destroyed after notice to you.

7. Managed IT services

• Service levels, monitoring scope, response times and support hours for managed IT services are set out in the relevant Engagement Document or service schedule.
• We use reasonable care to keep systems secure and available, but no system can be guaranteed free of vulnerabilities, outages or attack.
• You remain responsible for your licensing obligations, for decisions made by your personnel, and for following reasonable security recommendations we give you.
• Unless a backup service is expressly included, you are responsible for maintaining backups of your data.

8. Confidentiality & privilege

• We keep your confidential information confidential and use it only for the engagement, unless disclosure is required by law or court order. Where permitted, we will notify you before such a disclosure so you can seek protection.
• Where we are engaged through your lawyers for the dominant purpose of litigation or legal advice, we handle material so as to help preserve legal professional privilege, in accordance with your lawyers' directions.
• We will sign a separate non-disclosure agreement on request. Personal information is handled in accordance with our Privacy Policy.

9. Fees & payment

• Fees are set out in the Engagement Document. Unless stated otherwise, all fees are in Australian dollars and exclude GST.
• Unless otherwise agreed, invoices are payable within 14 days of the invoice date.
• We may require a retainer or deposit before starting work, particularly for urgent or after-hours engagements.
• Reasonable disbursements, such as specialist hardware, storage media, travel and courier costs, are charged at cost unless otherwise agreed.
• If an invoice is overdue, we may suspend work after giving you written notice. Fees for court attendance and expert evidence are payable regardless of the outcome of a matter.

10. Intellectual property

• We retain ownership of our methodologies, tools, templates, scripts and know-how, including anything we developed before or independently of an engagement.
• Once you have paid in full, you have a non-exclusive, perpetual licence to use the reports and deliverables we prepare for you, for the purposes of the engagement and any related proceedings.
• Website content, including text, design, the PraetorianX name and crest, is owned by us and may not be reproduced without our written permission.

11. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded.

Where the law allows us to limit our liability for failing to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

12. Limitation of liability

To the maximum extent permitted by law, and subject to section 11:

• we are not liable for any indirect or consequential loss, or for loss of profit, revenue, opportunity, goodwill or data, however caused; and
• our total liability arising from or in connection with an engagement is limited to the fees you paid us for that engagement in the 12 months before the claim arose.

These limits do not apply to liability for fraud, wilful misconduct, or personal injury caused by our negligence. Our liability is reduced to the extent that you or a third party caused or contributed to the loss, including by giving us inaccurate information or instructions.

13. Indemnity

You indemnify us against any claim, loss, liability or cost, including reasonable legal costs, that arises from:

• a breach of your warranties in section 4, including any claim that you did not have the authority to provide material to us or to instruct us to access it; or
• your use of our deliverables in a way that is unlawful or inconsistent with the engagement.

14. Suspension & termination

• Either party may end an engagement by written notice. Managed services may require the notice period set out in the service schedule.
• We may suspend or end an engagement immediately if you breach these Terms, if continuing would place us in breach of the law or our professional duties, or if a conflict of interest arises.
• When an engagement ends, you must pay for work performed and costs incurred up to the end date. Clauses that by their nature should survive, including confidentiality, liability, indemnity and intellectual property, continue to apply.

15. General

• Force majeure: We are not liable for delays caused by events beyond our reasonable control.
• Subcontracting: We may use qualified subcontractors bound by equivalent confidentiality obligations. We remain responsible for their work.
• Severability: If any part of these Terms is unenforceable, it is severed and the rest remains in force.
• Waiver: A failure to enforce a right is not a waiver of that right.
• Changes: We may update these Terms from time to time. The version published on this page when an engagement is confirmed applies to that engagement, unless we agree otherwise in writing.

16. Governing law

These Terms are governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and the courts that can hear appeals from them.

17. Contact us