I am agreeing to participate in a Signaling Vulnerability Scanner test of iBASIS (the “Service”), the details of which are described on iBASIS’ website for the Service (the “Specifications”), on behalf of the company/entity named in the “COMPANY” field of the signup sheet for the Service (the “Company”).
I understand that I must provide the following items for the Service to be provided:
- Two (2) mobile phones with the “TeamViewer QuickSupport” application installed, configured to allow remote control.
- Two (2) active SIM cards (1 prepaid, 1 postpaid) with roaming service enabled for voice and mobile data.
- Private GT routing.
I acknowledge that the Service is a penetration test covering SS7 protocol. The testing methodology is based on a set of active penetration tests conducted through an international SS7 connection of an arbitrarily-selected roaming partner of the Company.
I understand and expressly acknowledge that iBasis will subcontract the actual performance of the Service to jtendo Sp. z.o.o., a Polish company (the “Subcontractor”). iBASIS and the Subcontractor will involve signaling technology providers in establishing signaling connectivity required to reach Company’s network and execute the test.
I represent and warrant to iBASIS that: I have the requisite power and authority to cause the test to be lawfully conducted on the network of my Company; and that my Company is the owner of its network and has all rights to grant permission to conduct a penetration test on its network.
On behalf of the Company, I acknowledge that providing the Service requires interference with the Company’s network by iBasis, Subcontractor and persons acting on their behalf (collectively, the “Testing Parties”), as well as a non-malicious intrusion of the Company's network security. I therefore consent, on behalf of the Company, to such activities by the Testing Parties, while granting the Testing Parties the right to access Company's network for the purpose of providing the Service, i.e. activities that attempt to infiltrate or bypass Company's network security measures against unauthorized access, in order to detect weaknesses and vulnerabilities in Company's network or/and security measures.
I acknowledge that the Service will take approximately three (3) weeks, with the approximate start and end dates to be confirmed with me separately once I am contacted by an iBASIS representative. I acknowledge that the start and end dates for the Service can be subject to change and that, in such case, an iBASIS/Subcontractor will inform me of the new dates within a reasonable period.
Written results of the scan comprising the Service will be provided to me by email within five (5) business days following the completion of the Service.
iBASIS offers the first instance of the Service to the Company free of charge and any further instances will require payment. If this is a trial of the Service requiring payment, I will be responsible for either (i) delivering payment in the required amount to iBASIS by wire transfer prior to the test of the Service occurring or (ii) ensuring iBASIS is paid when an invoice for the required amount is delivered to me/my employer in accordance with the existing written agreement between iBASIS and my employer (if any) following the conclusion of the Service, all of which will be communicated to me separately by iBASIS.
iBASIS will provide the Service in accordance with the Specifications, within commercially reasonable parameters, but iBASIS makes no representations as to the quality of the Service, that the test will meet any particular needs, or that the test or the Service will be free of errors, viruses, or other potentially harmful effects. iBASIS will use its access to the two (2) mobile devices provided for the purpose of providing the Service and for no other purposes.
Other than as expressly stated herein, iBASIS makes no representations or warranties of any kind with regard to the Service, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty arising out of usage of trade, course of dealing or course of performance. The test and the Service are provided “as is.”
iBASIS will not be liable for any consequential, indirect, special, or incidental damages (including, without limitation, damages for lost profits, lost revenues, loss of reputation or goodwill, loss of anticipated savings, loss of customers, loss of data, interference with business, or cost of purchasing replacement services) for any cause of action, whether in contract, tort (including negligence, product liability, strict liability, or any other theory) or otherwise.
iBASIS’ aggregate liability hereunder shall be limited to one hundred thousand US dollars ($100,000.00 USD) or an equivalent amount in Euros (€).
This Agreement is governed by the laws of Geneva, Switzerland. The courts located in the city of Geneva, Switzerland shall be the exclusive forum for any action brought in connection with this Agreement.
