Terms

General

Welcome to CyberSmart, the smarter way to be cyber safe and compliant with government standards. These terms, the Terms and Conditions of our partners and privacy policy form the agreement between you, the customer and us, the company. Please read these documents carefully and contact us in case you have any questions.

Definitions

  • Agent: a program that can be installed on the computer and which can check and secure the configuration of the computer;
  • Auto-Fix: refers to features which, after enabled by the Customer, can change the configuration of the Customer’s systems;
  • CE: Cyber Essentials as defined in the Cyber Essentials Scheme;
  • Customer: any registered user with an account on the Company’s site that has or has not requested CE certification through the site, regardless of whether this service is offered for free;
  • The Company: CyberSmart Ltd., company number 10088945 registered address at 58-64 City Road, 4th Floor, EC1Y 2AL, London
  • Information: includes any communication such as text, images, sound and drawings;
  • IT systems: a term describing all software and hardware systems or an individual or corporate entity, regardless of whether they are on premises or cloud based, fully owned or leased/rented;
  • Opinion: non legally binding information contained in the Company’s toolkits,
  • Person: any individual or legal entity;
  • Systems: any technology or computer infrastructure, software and hardware;
  • User: Any person downloading and/or using the website/platform of the Company including customers. Refers to both individuals and corporate structures;
  • The Website or Site: any content that is requested through cybersmart.co.uk and any of its sub-domains;

Application and Jurisdiction

  1. The use of this site and all its parts is subject to the acceptance of these terms of use, the terms of use of the Company’s partners as outlined in other parts of the site and privacy policy.
  2. These terms together with the terms of partners and our privacy policy constitute the entire agreement under which the services of this site may be used. Any prior communication, warrantees or statements are void.
  3. This agreement and any claims resulting from its application are subject to the laws of England and Wales. Parties therefore waive any rights of claim in any other jurisdiction, except for the right of the Company which may submit claims within the jurisdiction of the customer or user.
  4. Headings have been inserted for improved readability and may not be used to interpret the content of this agreement.
  5. By using this site as representative of a corporate entity, users warrant that they are entitled to do so.

Scope

  1. These terms shall only be applicable between the Company and the User and do not intend to benefit or infer any other right in regards to third parties.
  2. The Company may, at any time and on its own discretion amend these terms and its privacy policy. Users of the site agree that it falls into their responsibility to regularly check these documents.
  3. In case the User disagrees with any of the provisions of these terms or the privacy statement, provided services may not be used anymore.
  4. Arising disputes shall be subject to the version of these terms and conditions of the date at which the matter was first brought to the Company’s attention in writing.

Use of site

Users

  1. The Company’s site and all its content is owned by and under copyright of the Company. It is strictly prohibited to reproduce written content, images and applied concepts without prior written permission of the owner.
  2. Any information, ideas and concepts that are not entered over the course of the certification process become the sole property of the Company, except the Company refuses to take ownership of the information.
  3. Ownership of submitted information is denied by default if the information submitted is unlawful in any way. The Company also reserves the right to instigate legal proceedings under these circumstances.
  4. Users are responsible and liable for damages inflicted on the Company or third parties through the use of their account. It is recommended that strong passwords are being used, changed in case of suspected security breaches and multi-factor authentication is enabled.
  5. In case of a suspected security breach, users are obliged to inform the company in writing immediately.
  6. Users shall not interfere, reverse-engineer or damage the Company’s systems and are only permitted to use them within their intended scope. In case of contravention, the company shall have the right to immediately discontinue the service and claim damages for the damage suffered.
  7. Clause 14 also applies to users who engage, motivate or incite a third party to interfere, alter with or reverse-engineer the company’s systems.

Customers

  1. The purpose of this site is to provide easy access to Cyber Essentials certification. In order to provide customers with an un-paralleled service the Company stores and processes Company and personal data. Please refer to the privacy policy for further information.
  2. All information entered on the Company’s site in the course of the certification process is being treated as confidential.
  3. In offering Cyber Essentials certification, the Company provides an easy-to-understand toolkit containing non-legally binding opinions. Therefore by using this toolkit Customers will not, as far as permissible under law, hold the Company or any of its partners or employees liable for delays in the certification process or objection of the certification altogether.
  4. The company provides “Auto-Fix” solutions, which help the Customer to implement standards more quickly. The Customer accepts that these “Auto-Fixes” are applied on his own discretion and risk. The company will not be held liable for any damages incurred.
  5. The Company will not be held liable for any damages or inconveniences resulting from following opinions provided. It is recommended that customers discuss any changes in their IT infrastructure with a professional familiar with the Customers systems.
  6. In order to function comprehensively, the Customer installs agents on the Customer’s systems. Agents have been developed together with leading cyber security professionals and have been thoroughly tested. Despite all caution, the customer agrees to Agents being installed on the Customers Systems, which are in scope of the CE certification and will not hold the Company liable for any damages, losses or inconveniences caused by these agents.

Termination

  1. Customers may, at any time resign from the Services offered by the Company. Under such circumstances the Company will provide the Customer with an aggregation of data submitted over the course of the contractual relationship.
  2. Since certification is based on an annual subscription, the Customer shall not reclaim any moneys paid to the Company.
  3. In case of breach of contract or in case of breach of these terms the Company shall have the right to terminate any contractual relationship with the Customer.

General Liability

  1. Users will not hold the Company liable for any damage or inconvenience resulting from using its website and connected products.
  2. The Company may, at any time and at its own discretion, temporarily or permanently discontinue its services. Under such circumstances users agree to not hold the Company liable for any damages, losses or inconveniences.

Dispute resolution

  1. Before instigating court proceedings, users agree to provide the Company with sufficient time and information to rectify the point in issue. Furthermore, before filing any claims users agree to provide the Company with the opportunity to engage in an alternative dispute resolution process.