Licence Agreement for SMB1001
IMPORTANT - READ CAREFULLY:
This licence agreement ("Agreement") is a legally binding agreement between you (a company, firm, partnership, government department or an individual user as identified in the signature block below) and Dynamic Standards International (ABN 47650892514) covering your use of the document titled “SMB1001 Multi-tiered cybersecurity standard for small and medium-sized businesses" ("Document"). We will refer to ourselves in this Agreement as "we" or "us".
By clicking "I Accept", completing your purchase, or downloading the Document, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
Your use of the Document is conditional on your acceptance of the terms set forth in this Agreement.
(a) “Confidential Information” means information that i) is by its nature confidential, ii), is designated in writing by us as confidential iii) you know or reasonably ought to know is confidential and iv) contains in it or is related to any Intellectual Property Rights.
(b) “Intellectual Property Rights” means all rights in and to any copyright, trademark, trading name, design, patent, know-how (trade secrets), and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights, as further specified below.
(a) We will provide a copy of the Document to you in accordance with this Agreement.
(b) You must pay for the Document and this license via the website at https://dsi.org. If you do not pay, or if your payment is refunded or charged-back, this Agreement has no effect, and you will not be authorized to use the Document.
(c) “You must purchase the license that is appropriate for your intended use of the Document either as an individual, or as a business based on the number of employees or contractors that you have, or as government department.
(d) You have the right to use the Document as set out in this License Agreement.
(a) We own the Intellectual Property Rights in the Document.
(b) Nothing in this Agreement transfers any Intellectual Property Rights ownership to you.
(c) You agree that breach of this clause 3 may cause irreparable harm to us and shall entitle us, in addition to any other legal remedies available, the right to seek injunctive relief.
(a) The Document is available for non-exclusive licensing in the following tiers:
(i) Individual (licensed to an individual or a business up to 20 employees or contractors),
(ii) Small business (licensed to a business with 21 to 200 employees or contractors),
(iii) Medium business (licensed to a business with 201 to 1000 employees or contractors),
(iv) Enterprise (licensed to a business with more than 1000 employees or contractors), and
(v) Government (licensed to government departments).
(b) We grant you a non-exclusive license to yourself or your organization, depending on the license type you have purchased, to use the Document for your personal or business use.
(c) If you are a business or governmental department and applied for this license in the name of the business or government department, then any employee or contractor may use the Document for your internal business purposes.
(d) You may print and copy the Document.
(e) You may post the Document on your Intranet, including in services such as SharePoint, Jira, Google Drive and the like within the boundaries of your, your business’, or your department’s internally accessible network.
(f) You must not publish or post the Document on your website or any other website
(g) You must not sell or rent the Document.
(h) You must not distribute or provide the Document to any person outside of your business.
(i) We may watermark the Document with your name and/or a license ID number.
(j) You may create adaptations or derivative works of or based on the Document if prior written permission has been sought by yourself, your business, or your department and subsequent written permission has been granted by us.
(k) This license is personal to you and cannot be transferred or sublicensed.
(l) If you are a business, you must ensure that each employee or contractor who has access to the Document is aware of this Agreement. You are responsible for your employees and contractors complying with this Agreement.
(m) This Agreement only applies to the version of the Document that you download or are initially provided with. It does not cover updates or new versions of the Document.
(n) From time to time, you may send us suggestions, materials, information, ideas or concepts relating to the Document (“Ideas”). We thank you for your Ideas. You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) to use such Ideas as we see fit, without payment of a fee. Without limiting the foregoing, no Idea will be subject to any confidentiality obligation.
(o) You have no right to use our trade marks or brands unless explicitly provided for in a separate trademark license agreement.
(p) You agree that breach of this clause 4 may cause irreparable harm to us and shall entitle us, in addition to any other legal remedies available, the right to seek injunctive relief.
(a) You may not use, disclose or make available to any third party our Confidential Information, unless such use or disclosure is done in accordance with the terms of this Agreement.
(b) You must hold our Confidential Information secure and in confidence, except to the extent that such Confidential Information:
(i) is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or
(ii) was approved for release in writing by us, but only to the extent of and subject to such conditions as may be imposed in such written authorization.
(c) We are not in a fiduciary relationship with you.
(d) You agree that breach of this clause 5 may cause irreparable harm to us and shall entitle us, in addition to any other legal remedies available, the right to seek injunctive relief.
(a) Without prejudice to our other rights, we may terminate this Agreement and the license granted to you in this Agreement, at any time upon written notice to you if you fail to comply with Agreement.
(b) In the case of termination, you must delete any electronic or paper copies of the Document and cease use of the Document.
(c) Upon termination of this Agreement, your right to use the Document ceases immediately.
(d) Where this Agreement is terminated, the parties agree that the terms set out in clause 3, (Intellectual Property Rights), clause 5 (Confidential Information), clause 6 (Termination) clause 7 (Disclaimer), clause 8 (Limitations) and clause 9 (General) will survive the Agreement and continue to be binding.
(a) You acknowledge that computer security and cybersecurity is never guaranteed, and that no workable system can be fully secure.
(b) We do not guarantee that use of the Document will make any system fully secure.
(c) You should implement a range of measures to deal with security. The Document should not be your only security measure.
(d) The Document is provided at a “point in time”. Because security threats evolve, what is good security today may not be sufficient tomorrow.
(e) We do not guarantee that use of the Document will prevent you from being affected by any security breach or cyberattack.
(a) In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and this Agreement does not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of this Agreement.
(b) If you accept this Agreement in Australia, nothing in this Agreement should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL).
(c) Subject to clause 8(a) (Consumer Law Rights), we provide the Document strictly on an “as-is” and “as available” basis. To the maximum extent permitted by law, we exclude all warranties, terms, conditions or undertakings whether express or implied, statutory or otherwise regarding the Document, including that the Document is error-free, accurate, fit for any particular purpose or will meet your requirements.
(d) To the maximum extent permitted by law, our liability to you is limited to the amount that you paid to us for this license to use the Document.
(e) Notwithstanding any other clause of this Agreement, to the extent permitted by law, we exclude all liability, including in tort (including negligence), contract and otherwise, for any loss of or damage to data, loss of profits, loss of revenue, loss of privacy, damage to reputation and goodwill, and loss of business, and any consequential, indirect or special loss or damage.
(f) Our liability under this Agreement will be reduced proportionally to the extent to which any loss was caused or contributed to by any negligence or other wrongful act or omission of you, your employees, or contractors.
(a) This Agreement contains the entire agreement between the parties with respect to its subject matter.
(b) Any notice you send to us must be sent to support@dsi.org. Any notice we send to you will be sent to the email address you provided when purchasing the Document. Notices are deemed received on the date sent if sent by email during business hours, or on the next business day if sent outside business hours.
(c) We may amend this Agreement at any time by updating the terms on our website at https://dsi.org/licence-agreement. Any amendments will be effective from the date specified in the "Last Updated" field at the bottom of this Agreement. We will provide you with written notice of any material amendments. Your continued use of the Document after we publish amended terms constitutes your acceptance of those amendments. If you do not agree to any material amendments, you must cease using the Document, and if you have paid for the Document within the previous 30 days, you may contact us in writing to request a pro-rata refund.
(d) Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
(e) This Agreement and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws and statutes of Queensland, Australia. The jurisdiction for any action hereunder shall be the courts for the state of Queensland, Australia. In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction in Queensland, Australia and waives any right to object to the venue on any ground.
(f) Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to attempt to resolve the Dispute.
(i) where you are resident or incorporated in Australia, either party may refer the matter to mediation, administered by the Australian Disputes Centre in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation; or
(ii) where you are not resident or incorporated in Australia, either party may refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Brisbane, Queensland, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
(g) The parties must participate in any mediation or arbitration in good faith. The costs of mediation or arbitration will be shared equally between the parties unless otherwise agreed or determined by the mediator or arbitrator.
(h) Nothing in this clause 9 will operate to prevent either party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Last Updated: 11 February 2026