Cybersecurity Pentesting Service Offer

Cybersecurity Pentesting Service Offer

Parties

Recitals

WHEREAS, Service Provider Name: is engaged in the business of providing security assessment and penetration testing services; and

WHEREAS, Client Name: seeks to obtain a cybersecurity penetration test limited to the scope and terms set forth herein; and

NOW, THEREFORE, Service Provider offers to perform the services described below, subject to the terms and conditions of this Offer and the subsequent Statement of Work if accepted by Client.

Scope of Work

Testing Types (select all that apply):

Payment Terms

Total Fee: $

Invoices are due within days of invoice receipt. Late payments shall incur interest at per month (or the maximum permitted by law), plus collection costs.

All fees are exclusive of applicable taxes. Client shall be responsible for any sales, use, VAT, or similar taxes, excluding taxes based on Service Provider's net income.

Term and Termination

Engagement Start Date:    Engagement End Date:

Either party may terminate this Offer for cause upon written notice if the other party materially breaches any obligation and fails to cure within days after receipt of written notice. Either party may also terminate for convenience with days' prior written notice. Termination shall not relieve Client of obligations to pay for services performed and expenses incurred through the effective date of termination.

Confidentiality

The parties acknowledge that Service Provider will receive Confidential Information of Client in connection with the performance of services. "Confidential Information" means non-public information disclosed by Client that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Service Provider shall: (a) use Confidential Information solely to perform the services; (b) restrict disclosure to employees, contractors, or vendors with a need to know who are bound by confidentiality obligations at least as protective as those herein; and (c) implement reasonable administrative, technical, and physical safeguards to protect Confidential Information. Confidentiality obligations shall survive termination for a period of days, except that trade secrets shall be protected for as long as they remain trade secrets.

Confidential Information does not include information that: (i) is or becomes public through no fault of the recipient; (ii) is rightfully received from a third party without restriction; (iii) is independently developed without use of the Confidential Information; or (iv) is required to be disclosed by law, provided the recipient gives prompt notice and cooperates with any protective order or other effort to limit disclosure.

Reporting and Data Handling

Service Provider will deliver a written technical report summarizing findings, risk ratings, and remediation recommendations. Sensitive exploitation data or proof-of-concept materials will be included only as necessary to recreate verified vulnerabilities.

Representations, Warranties and Limitation of Liability

Each party represents that it has the authority to enter into this Offer. Service Provider represents that it will perform services in a professional manner in accordance with industry standards.

EXCEPT AS EXPRESSLY PROVIDED, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES. IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS OFFER EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE APPLICABLE TEST, AND IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

Client shall defend and indemnify Service Provider from third-party claims arising from Client's misrepresentations about scope, unauthorized testing activities, or Client's failure to obtain required consents. Service Provider shall notify Client promptly of any third-party claim and cooperate in defense.

Governing Law

This Offer shall be governed by and construed in accordance with the laws of without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in that jurisdiction for disputes arising under this Offer.

Entire Agreement

This Offer, including any attached Statement of Work, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior negotiations, proposals, or agreements, whether written or oral. Any modification must be in writing and signed by authorized representatives of both parties.

Acceptance

To accept this Offer, Client must sign below. Upon signature by both parties, this Offer will constitute a binding contract subject to the terms set forth herein.

Sign Now