Cybersecurity Penetration Test Template

CYBERSECURITY PENETRATION TEST AGREEMENT

Client Name:   Client Address:

Service Provider Name:   Provider Address:

Effective Date:

WHEREAS

Whereas, Client desires an authorized, professional penetration test of specified systems and assets to identify security vulnerabilities, potential business impacts, and remediation guidance; and

Whereas, Service Provider represents that it is qualified, experienced, and will perform recognized penetration testing methodologies in a manner consistent with accepted industry practices and applicable laws; and

Whereas, the parties intend to set forth the terms, scope, deliverables, payment, and legal protections governing the engagement as set forth in this Agreement.

SCOPE OF WORK

External Network    Internal Network    Web Application    Mobile Application

Wireless    Social Engineering    Physical Security Assessment    Other

Test Window Start:    Test Window End:

DELIVERABLES

PAYMENT TERMS

Late fee (percent per month):   Maximum interest charge or flat fee:

TERM AND TERMINATION

Term Commencement Date:    Term Expiration Date:

CONFIDENTIALITY

The parties acknowledge that the penetration test will create and disclose Confidential Information, including but not limited to vulnerabilities, system architecture, credentials, and remediation steps. Service Provider agrees to hold all Confidential Information in strict confidence and shall not disclose such information except to employees, contractors, or subcontractors on a strict need-to-know basis who are bound by confidentiality obligations at least as protective as those herein. Service Provider shall not publicize vulnerabilities, proof-of-concept code, exploit details, or the existence of this engagement without prior written consent of Client.

At the conclusion of the engagement, Service Provider will: Return copies of Client data    Securely destroy all non‑archival Client data retained

LIABILITY AND INDEMNIFICATION

Each party's aggregate liability under this Agreement for direct damages arising out of or in connection with the services shall not exceed the total Fees actually paid by Client to Service Provider under this Agreement. In no event shall either party be liable for indirect, incidental, consequential, punitive, or special damages (including lost profits or business interruption), even if advised of the possibility of such damages, except where prohibited by law. Client agrees to indemnify, defend and hold harmless Service Provider from claims resulting from Client's alteration of tested systems, use of testing results beyond agreed scope, or Client's failure to follow safety or remediation guidance. Service Provider shall indemnify Client for claims arising from Service Provider's gross negligence or willful misconduct in the performance of services.

REPORTING, REMEDIATION & RETEST

Service Provider will provide an initial findings report within calendar days of test completion. The final technical report will include risk ratings, proof-of-concept where applicable, and prioritized remediation recommendations. Upon receipt of Client's written evidence of remediation, Service Provider will perform one limited retest of remediated items within days at no additional fee if remediation is reported within the retest window defined in the deliverables.

COMPLIANCE WITH LAW

Service Provider warrants that it will conduct all testing in compliance with applicable laws and with the prior written authorization of Client to perform the testing described herein. Client represents and warrants that it has the authority to authorize the testing and to accept responsibility for any outages or operational impact resulting from tests that are within the authorized scope.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Venue for any dispute arising under this Agreement shall be the courts located in the same state unless otherwise agreed in writing.

ENTIRE AGREEMENT

This Agreement, including any attachments and accepted Statements of Work incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or communications, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

ACKNOWLEDGMENT

The undersigned represent that they are authorized to enter this Agreement on behalf of their respective parties and that the parties accept and will adhere to the terms set forth above.

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