Terms and Conditions

01 Introduction

Welcome to Ausclear . These Terms and Conditions of Use ("Terms") govern your use of our website (www.ausclear.com.au) and the services provided by Nephthys Pty Ltd (ACN 628 031 587, ABN 70 628 031 587) trading as AusClear ("AusClear", "we", "us", or "our"). By accessing or using our website and services, you agree to be bound by these Terms.

02 Accreditation and Clearance Sponsorship

2.1 Clearance Sponsorship

AusClear is the sponsoring organisation for the security clearances it sponsors. The Client acknowledges and agrees that:

1. AusClear sponsors Baseline, NV1 and NV2 security clearances under its DISP membership;
2. Baseline sponsorship may be provided where the Client does not yet hold a role that requires a clearance;
3. NV1 and NV2 sponsorship is only provided where the Client has a genuine and supportable business need;
4. Processing times and outcomes are determined by AGSVA and relevant government requirements.

2.2 Client Acknowledgements

The Client expressly acknowledges, agrees, and warrants that:

• AGSVA, not AusClear, decides whether a security clearance is granted.
• AusClear does not influence, expedite, or guarantee the outcome of any clearance application.
• The Client must meet AGSVA's eligibility requirements and their ongoing obligations as a clearance holder.

2.3 Liability Exclusions

The Client will not hold AusClear liable for any losses, damages, or consequences arising from:

• Any changes in regulatory requirements or accreditation criteria.
• Decisions made by regulatory authorities.
• The processing time or outcome of clearance applications.

2.4 No Warranties

Nothing in these Terms is a representation or warranty regarding the ultimate success of any clearance application.

2.5 Client Due Diligence

The Client confirms that:

• They have conducted their own due diligence.
• They are not relying on any representations not explicitly stated in this Agreement.

2.6 Governing Provisions

This section:

• Forms an integral part of the Agreement.
• Supersedes any contrary representations, whether written or verbal.
• Is subject to the governing law provisions in Section 12 of these Terms.

2.7 Contact for Clarification

For questions regarding our accreditation or services, please contact AusClear directly at support@ausclear.com.au.

03 Definitions

04 Acceptance of Terms

By using our website or engaging our services, you agree to comply with these Terms and Conditions. If you do not agree, you must refrain from using our website and services. Your use of the Website is also subject to our Privacy Policy.

05 Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the website. It is your responsibility to review these terms regularly for updates. The most current version of the Terms can be reviewed at https://www.ausclear.com.au/terms-and-conditions. Your continued use of the Site after any changes signifies your acceptance of the updated Terms. Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

06 Use of the Website

• You may use our website for lawful purposes only and must not infringe the rights of others.
• You agree not to misuse the website in any way that could impair its functionality.
• You must not attempt to gain unauthorised access to our systems or data.
• You are responsible for maintaining the confidentiality of your account information and agree to notify us immediately of any unauthorised use.

07 Services Provided

AusClear sponsors Baseline, NV1 and NV2 security clearances as a member of the Defence Industry Security Program (DISP), as detailed in Section 2. NV1 and NV2 sponsorship requires a genuine and supportable business need.

AusClear does not influence, expedite, control, or guarantee AGSVA processing times or outcomes.

08 Fees and Payment

AusClear charges fees for its sponsorship services, as set out in its published fee schedule and service agreements. Government fees charged by the Australian Government Security Vetting Agency (AGSVA) are the responsibility of the Client; AusClear collects these fees and pays them to AGSVA as part of the application.

09 Client Responsibilities

Clients are responsible for providing accurate and complete information throughout the sponsorship process. Inaccuracies or omissions may delay the process or result in unsuccessful applications. Clients agree to:

• Provide truthful and accurate information.
• Respond promptly to any requests for additional information.
• Ensure all submitted documents are genuine and valid.
• Maintain communication with AusClear throughout the process.

10 Limitation of Liability

To the extent permitted by law, AusClear is not liable for any indirect, incidental, special, or consequential damages arising from your use of our website or services, including but not limited to loss of revenue, loss of data, or other intangible losses. Our total liability shall not exceed the amount you have paid us for the use of our services.

11 Indemnification

You agree to indemnify, defend, and hold Nephthys Pty Ltd (AusClear) and our partners, employees, and affiliates harmless from any liability, loss, claim, and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Site.

12 Governing Law

These Terms and Conditions are governed by the laws of South Australia, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located within South Australia.

13 Termination

We reserve the right to terminate your access to the website or our services at any time, with or without notice, for any reason, including but not limited to violation of these Terms and Conditions.

14 Dispute Resolution

Any dispute arising under or in connection with these Terms of Use shall first be addressed through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre. If mediation is unsuccessful, the parties agree to submit to binding arbitration in accordance with the Resolution Institute Arbitration Rules, with the seat of arbitration being Sydney, Australia. Nothing in this clause prevents Nephthys Pty Ltd (AusClear) from seeking urgent injunctive relief where necessary.

15 Exceptions to Limitation of Liability

16 Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement is Mark Smith, who can be reached at legal@ausclear.com.au.

17 Use of Information

Nephthys Pty Ltd (AusClear) reserves the right, and you authorise us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

18 Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

19 Waiver

The failure of Nephthys Pty Ltd (AusClear) to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement must be in writing and signed by an authorised representative of Nephthys Pty Ltd (AusClear).

20 Relationship of the Parties

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

21 Entire Agreement

This Terms of Use constitutes the entire agreement between you and Nephthys Pty Ltd (AusClear) and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nephthys Pty Ltd (AusClear) with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Nephthys Pty Ltd (AusClear) may revise these Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

22 Contact Information

23 No Legal Advice

All information provided by AusClear, whether on this Website or through our Services, is general in nature and does not constitute legal, financial, or professional advice. Clients should obtain independent advice where appropriate. AusClear is not responsible for any loss arising from reliance on general information provided.