Provensec Standard Sales Terms

  1. THIS DOCUMENT

    • This document lays down the terms and conditions applicable to the sale of document toolkits, templates, or any other such works by Provensec.
    • Such document toolkits, templates, or any other such works are collectively referred to as “document toolkit.”
    • This document is applicable to all the orders received by Provensec, and it has also been referred to as “the Sale Contract” and “Standard Sales Terms.”
    • This document is supplied along with the Standard License Terms, and the buyer agrees that it shall comply with the terms and conditions set out in this document.
    • The Sale Contract offered by the seller for the sale of any product or services is only offered in English.
    • Nothing in this Sale Contract affects the statutory rights of a customer, i.e., the buyer, unless limited or excluded by the law.
  2. PROVEN SECURITY BV

    Provensec is registered as Proven Security BV under number 70984433 with the Chamber of Commerce in the Netherlands, and its registered address is

    Keizersgracht 241
    1016 EA
    Amsterdam
    The Netherlands
    Proven Security BV’s VAT number is NL858535026B01.

  3. SELLER AND BUYER

    • For the purpose of the Sale Contract, Provensec is the seller, and a customer who is purchasing any product is the buyer.
    • With reference to the Standard License Terms, the seller is the licensor, and the buyer is the licensee.
  4. Definitions

    The definitions given in the following sub-clauses shall be construed harmoniously with other clauses of the Sale Contract and other definitions as given in the Standard License Terms.

    • Delivery – In relation to any document toolkits, delivery by the seller includes the following –
      1. Making a document toolkit available for the buyer via a download URL,
      2. Giving access to a document toolkit on a file sharing service,
      3. Sharing a document toolkit as an email attachment, and
      4. Giving access to a cloud-based tool wherein a document toolkit is available, and the said tool supports various operations on the toolkit.
    • Intellectual Property Rights – As defined under clause 4.3 of the Standard License Terms.
    • License – As defined under clause 4.2 of the Standard License Terms.
    • Price – In relation to a document toolkit, price refers to the price specified on the Provensec website for each unit quantity ordered.
    • Other charges – Other charges include any other charges, fees, or taxes to be paid under the Standard Sales Terms by the buyer, as required by the seller or under a law for the time being in force.
    • Product – As defined under clause 4.4 of the Standard License Terms.
  5. FORMATION OF THE SALE CONTRACT

    • When the buyer places an order through the Provensec website or a quotation by the seller is accepted, the order is an offer to purchase the products by the buyer, subject to the seller’s acceptance of this offer.
    • The order is considered to be accepted when the Standard Sales Terms and the Standard Sales Terms are agreed to by the buyer, and the products are delivered along with the confirmation of the acceptance via an email or any other mode of communication.
    • The buyer shall provide true, accurate, complete, and current information as required by the seller to enter into the Sale Contract. It is an inherent duty of the buyer to keep the information updated without any undue delay.
  6. SALE and purchase

    • When the Sale Contract is made, the seller shall supply a copy of the products or access to the products along with granting a license to the buyer to use the aforementioned products as per the conditions laid down in the Standard License Terms.
    • The seller reserves an exclusive right to terminate any Sale Contract without stating any reasonable reason or whatsoever, prior to the processing of payments and granting of access to the seller’s products.
  7. REFUND POLICY

    • If the buyer decides that it does not require the products that have been purchased and wishes to cancel the Sale Contract, the buyer shall inform the seller within 7 days of purchase.
    • Due to the downloadable nature of document toolkits or parts thereof, the seller shall not be obliged to agree to any cancellation of the Sale Contract, and it shall be sole and absolute discretion of the buyer to cancel the Sale Contract and initiate the total refunds or a part thereof.
    • If the buyer decides to terminate the Sale Contract, irrespective of whether a refund is being made in whole or part or not, all the licenses granted under the said Sale Contract via respective Standard License Terms gets terminated immediately.
    • For deciding whether the refund is payable in whole or part or not, the seller may ask the buyer to give a written declaration that the document toolkit(s) or parts thereof have been deleted and destructed from the buyer’s computer systems and as shredded, if printed.
    • When a refund is being paid, the seller is only obliged to make the payment for the price, not for the taxes, fees, or any other such charges.
  8. price and payment

    • The buyer agrees to pay the price as specified in the Sale Contract for each product and unit quantity of the said product along with paying all other charges, taxes, fees, etc.
    • If there is no mention of the price in the Sale Contract, the price specified on the Provensec website on the date when the Sale Contract has been agreed upon must be considered.
    • Value Added Tax (VAT) is applicable as per the laws of the Kingdom of the Netherlands.
    • If the seller incurs any other costs in delivering a product to the buyer, such costs shall be covered by the buyer, and appropriate arrangements must be made to ensure that all the formalities are complied with.
    • The seller shall not be obliged to deliver a product unless the payment is made in full by the buyer.
    • The buyer shall pay the price specified and any other charges in the same currency as specified in the invoice, or as agreed by the parties.
  9. Delivery

    • After the payment is made in full and the Sale Contract is formed, the seller shall deliver the products in a manner or by a method as it deems fit.
    • The buyer agrees to maintain the confidentiality of the product(s) delivered by the seller.
    • Disclosure of the use of the product delivered by the seller may be done as per the conditions laid down in the Standard License Terms.
  10. product licenses

    • When the Sale Contract is formed, the buyer is granted a non-exclusive license to use the seller’s product.
    • This license is granted as per the conditions laid down in the Standard License Terms.
    • The seller hereby warrants that
      1. The seller has an exclusive right to grant similar licenses to other buyers.
      2. The products for which licenses are granted are the original works of the seller.
      3. On the date when this Sale Contract was made, the seller has not received any claim that its products infringe or violate intellectual property rights of another.
  11. DESCRIPTION, QUALITY, AND CLAIMS

    • If the buyer has previously seen the products before making a purchase and entering into a contract with the seller, the seller warrants that the products as seen shall be delivered, subject to the buyer’s agreement that the delivered products are acceptable conforming to the Sale Contract.
    • If the buyer has not previously seen the products before making a purchase and entering into a contract with the seller, the seller warrants that the products will conform to the description as available on the Provensec website and be of satisfactory quality in general.
    • If the buyer considers that the delivered products do not conform to the description given, the buyer shall notify the seller within 7 days of the date of delivery.
    • If the period mentioned in clause 12.3 is exhausted, it shall be deemed that the buyer has accepted the delivery and the product conforms to the description given.
  12. LIMITATION OF LIABILITY

    Limitation of liability under the Sale Contact shall be as per clause 7 of the Standard License Terms.

  13. FORCE MAJEURE

    • Force majeure stands for unforeseeable circumstances which prevent a party from fulfilling a contract, and it includes
      1. Events or incidents which directly affect the Internet or products which are accessed over the Internet;
      2. Any interruption, unavailability, downtime, failure, or delay affecting any internet server, computer system, payment services, or telecommunication or internet services used for payment collection, product delivery;
      3. Power failure;
      4. Civil unrest;
      5. Acts of terrorism and acts of war;
      6. Government action and Industrial action;
      7. Natural disasters such as flood; storm; or earthquakes;
      8. Fire, whether natural or artificial; and
      9. Any such event which is beyond the seller’s reasonable control.
    • The seller shall not be liable for any delay or failure in the delivery of its products and their associated services due to any of the events mentioned under clause 14.1.
  14. termination

    • If the seller does not receive the amount payable by the buyer within 7 days from the date on which the Standard Sales Terms and the Standard License Terms were agreed upon, or if the payment received from the buyer is recovered from the seller, then at any time after the exhaustion of the period of 7 days or the recovery of the payment, the buyer may terminate the Sale Contract and the license granted under it. Such an event shall be deemed to be a repudiatory breach of the Standard Sale Terms by the buyer.
    • Without any prejudice to clause 15.1, if the buyer commits any breach which is in contravention of the terms and conditions laid down in the Standard Sale Terms or the conditions laid down in the Standard License Terms and fails to remedy such a breach within 7 days of receiving a notice from the seller about the said breach, the seller may terminate the Sale Contract and the license granted at any time after the exhaustion of the period of 7 days and such an event shall be deemed to be a repudiatory breach of the Standard Sales Terms by the buyer.
    • If the Sale Contract is either terminated or canceled for any reason whatsoever, then –
      1. Licenses granted under the Standard License Terms associated with the terminated Sale Contracts are automatically terminated.
      2. The seller shall not be liable to refund any price or other charges unless explicitly specified by the terms and conditions of the Standard Sales Terms and if there is a breach of the Sale Contract or the License conditions by the seller.
      3. If the reason for termination or cancellation of the Sale Contract or the License is the buyer’s breach of the Sale Contract or the License conditions, the seller shall be entitled to retain and recover the price and other charges as payable from the buyer.
  15. GENERAL

    • Any notice to be sent by either party shall be valid only if and only if it is sent in writing via a pre-paid courier service or postal service, fax, or email.
    • The Standard Sales Terms represent the entire terms of the agreement for sale between the seller and the buyer.
    • The product purchased under the Sale Contract shall not be used or benefitted by any third party.
    • If either party fails to enforce any clause or sub-clause of the Sale Contract any such enforcement is delayed, it shall not constitute as a waiver of that clause or sub-clause or other rights under the license.
    • In an event when one or more clause(s) or sub-clause(s) of the Sale Contract is found by a court or tribunal of competent jurisdiction to be invalid, unlawful, void ab initio, or unenforceable, then such clause(s) or sub-clause(s) shall be severed from the remaining parts of the license and these remaining parts shall continue to remain valid.
  16. DESCRIPTION, QUALITY, AND CLAIMS

    • The Standard Sales Terms, along with any contractual or non-contractual matters, whether associated or rising thereof, shall be exclusively governed by and construed in accordance with the laws of the Kingdom of the Netherlands.
    • Any claim, dispute, controversy, or proceedings with respect to this document between the parties, namely the licensor and the licensee, shall be subject to the exclusive jurisdiction of the courts of the Kingdom of the Netherlands except in cases when a claim is brought against the buyer by the seller.
    • The seller is entitled to bring a claim against the seller where it is established, domiciled, resident or habitually resident has a place of business or any office including liaison office.

Client Testimonials

Rodney Adams, Principal Software EngineerRodney Adams, Principal Software EngineerConfinet™ Product Suite R&D

When looking for a firm to perform penetration testing on your website or applications, you need a firm with proven experience that employs a methodical and rigorous approach to security testing. You also want a firm that is responsive and easy to work with. We found all of these qualities with provensec, and we will continue to use them in the future to protect the security of our business, applications, and customers. Rodney Adams, Principal Software Engineer.

Mike EveryMike EveryFoley Services

The provensec team was very responsive, helpful and knowledgeable starting with our first sales inquiry right through our penetration testing and review.

CEOCEOCiviCore

We have contracted with several security firms in the past. We found Provensec's work to be the most comprehensive and thorough. We will definitely use them for application and security testing in the future

Jonny Weiss, Director of EngineeringJonny Weiss, Director of EngineeringParking Panda

I enjoyed working with Provensec because they were fast, delivered everything that was promised on time, and managed to do it for a very competitive price. Our security has improved thanks to Provensec's penetration testing. I would highly recommend them to other companies looking for penetration testing or other security testing.

Ben Gustafson, Co-FounderBen Gustafson, Co-FounderClassroom Mosaic

Sam and his team were very responsive to our needs. We contacted them with a tight deadline and they delivered several days ahead of schedule! We highly recommend provensec because of their responsive customer service!

Jim Grago, CEO ClixSense.comJim Grago, CEO ClixSense.comClixSense

We were looking for a company to do vulnerability and penetration testing and, after researching this extensively, we decided to use Provensec. We made the right choice! The entire process was painless, the support we received was phenomenal and the process was quick and easy. Moving forward we will continue to use their services as they are top notch!

Buddy Kresge, FounderBuddy Kresge, FounderKnontou LLC

Absolutely we are willing to be a reference and would certainly recommend you! We will be a customer for a long time.

CTO, Mid-Atlantic legal technologyCTO, Mid-Atlantic legal technology

We decided to go with Provensec for our independent security testing and auditing needs because of their rigorous manual and automated testing protocols. Their customer service and planning of the audits were superb and their engineering team diligent and thorough. I would certainly recommend them.

Matthew Burnell, Founder/CEO ClickBidMatthew Burnell, Founder/CEO ClickBidClickBid Paperless Auctions

Provensec has been a huge benefit to our application security. They found critical issues we had missed and it allowed us to patch and remove these issues quickly. They are fast, thorough and documentation is very concise. I highly recommend Provensec.

Aaron LienAaron LienAbsolute Performance

Provensec was simple and easy to work with, on point, and responsive to every request. I liked that they were able to accommodate our needs of a quick turn around for our pci audit and were helpful through the process. Yes I would recommend them to anyone that is needing audit help.

Education Programs Support ServicesEducation Programs Support Services

We have been using Provensec for our external penetration testing since early 2013.  Their staff is easy to work with and very knowledgeable.  We perform extensive internal testing on all of our systems before deployment and Provensec was able to confirm our internal security findings as well as identify a few undiscovered vulnerabilities.  Their reports are thorough, easy to interpret, contain clear evidence of how they discovered the vulnerability, as well as specific recommendations on how to remediate the issues. We have been extremely pleased with our interactions and plan to continue to engage Provensec for our external penetration testing.

Peter LuckPeter LuckROCC , UK

When taking a web based application to market, I need assurances outside of my own development team that the software is secure, stable and suitable for deployment to the web. Provensec were friendly and efficient right from our initial engagement with them and were always happy to work within my changing timescales and priorities. Provensec recently carried out full security testing for our web application and I’m happy to say they reported no major issues but did provide us with some great insight into small improvements that we could make to really make our application bulletproof. The report I received from Provensec was highly detailed and more than enough to pass on to my development team for resolution of the minor issues found. I would strongly recommend the team at Provensec and look forward to working with them again in the future.

Scott BaughScott BaughCorpedia

Corpedia's experience with Provensec was exceptional. Communication was prompt, service was great and the assessment thorough. Follow-up documentation and test case data was also very helpful. We would certainly use this service again!

Eric BechhoeferEric BechhoeferNRG Systems

As a product developer, we have extensive experience in both hardware, firmware and software development. That said, we have little experience or confidence in our experience in the test, verification and validation of the security of our system. We know what we did not know. We depended on the expertise of Provensec to identify and report on the security of our design. Provensec quickly identified a number of vulnerabilities and counseled us on how to correct them. We feel confident that our system can now protect our clients data, and feel fortunate that we could engage Provensec to do this.

Matthew Hammond Matthew Hammond Learning Technology Section, University of Edinburgh

Provensec provided us with a fast, efficient and high quality service. The agreed testing was carried out quickly and communication throughout was fantastic. The final report was well presented, detailed and gave us confidence in the quality and robust nature of the testing carried out. Provensec services are fully featured, responsive and represent excellent value for money.

Vedat AralVedat AralInfosend

We are a PCI compliant payment processor. We developed a web application and were in immediate need for an experienced, reliable external penetration tester. We found Provensec via web search and they were kind enough to fit us in quickly. Sam and the team proved to be responsive and reliable. They had it completed in the time frame they promised. The security reports they provided were thorough with specific examples. The technical details were informative and actionable.

Brian P. EskraBrian P. EskraLP Software, Inc.

When we started researching other Vulnerability testing companies, we were shocked by the cost and long project timelines. We then came across Provensec. What a breath of fresh air. The cost was reasonable and they were able to perform automated and manual scans immediately to meet our tight deadlines. We later had an emergency situation where we needed a manual test over the weekend to meet a client deadline for Monday. I contacted Provensec on Friday afternoon and had my results by Monday morning! Amazing customer service and great results. This company has gone above and beyond to meet our needs. I would recommend giving them a try if you’re in the market for Vulnerability testing solutions.