Legal

Terms of Engagement

Last updated: 2 October 2026

These terms apply to all services provided by Benning IT Pty Ltd (ABN 47 098 243 273) (“Benning IT”, “we”, “us”) to a client (“you”). Each engagement is also governed by the proposal we provide for it. If the proposal and these terms conflict, the proposal prevails.

1. Proposals and acceptance

Before we start work, we provide a written proposal setting out the scope, deliverables, price and expected timeframe. Proposals are valid for 30 days. An engagement begins when you accept the proposal in writing (including by email).

2. How we deliver

• Most engagements are quoted at a fixed price for defined deliverables, such as an assessment report, a completed implementation or a remediation roadmap. You pay for the result, not for the hours it takes us.
• We decide how the work is carried out, and we use our own tools, equipment and software to do it.
• We may engage subcontractors to help deliver an engagement. We remain responsible for their work.
• Where a proposal includes ongoing services (such as managed support) or time-based work, it sets out the fee or rate that applies.

3. Changes to scope

If you ask for work outside the agreed scope, or the scope changes because of something outside our control, we will provide a written variation with any change to price or timing. We will not start out-of-scope work until you approve the variation.

4. Defects

If a deliverable does not meet the agreed scope, tell us in writing within 30 days of delivery. We will correct the defect at our own cost. This is in addition to any rights you have under the Australian Consumer Law.

5. Your responsibilities

• Give us timely access to the people, systems, information and premises we need.
• Make sure the information you give us is accurate and complete.
• Have the authority to let us access and test the systems in scope, including any systems hosted by third parties.
• Keep current backups of your data before we make changes to your systems.

Delays caused by missing access, information or decisions may affect the timeline and may be treated as a change to scope.

6. Fees and payment

• We invoice as set out in the proposal, for example a deposit, on completion of milestones, or on delivery.
• Invoices are payable within 14 days.
• GST is added where applicable.
• If an invoice is overdue, we may pause work until it is paid.

7. Confidentiality and privacy

We keep your confidential information confidential and use it only to deliver the engagement. This includes system details, security findings and business information. We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

8. Intellectual property

Once you have paid for an engagement in full, you own the deliverables we created specifically for you. We keep ownership of our pre-existing materials, tools, templates and methods, and grant you a non-exclusive licence to use any of them included in your deliverables for your own business purposes.

9. Security outcomes

We apply industry practice and our professional judgement to every engagement. However, no security measure can prevent every incident. Our deliverables reduce risk; they do not guarantee that your systems will never be compromised.

10. Liability

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

To the extent permitted by law:

• our total liability for any engagement is limited to the fees paid for that engagement, or, at our option, to supplying the services again;
• we are not liable for indirect or consequential loss, including loss of profit, revenue, data or business opportunity.

11. Ending an engagement

Either party may end an engagement by giving written notice. You pay for work completed and costs reasonably incurred up to the date of termination. Either party may end an engagement immediately if the other materially breaches these terms and does not fix the breach within 14 days of being asked to.

12. General

• These terms are governed by the laws of Queensland, and both parties submit to the jurisdiction of its courts.
• We may update these terms from time to time. The version in force when you accept a proposal applies to that engagement.

Questions about these terms? Get in touch.