Terms and Conditions

The terms and conditions apply between you, the User of this Website (Including any sub-domains, unless excluded by their own terms and conditions), and Cyber Safeguard Ltd, the owner and operator of this website. Please read the terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

In these terms and conditions, User or Users means any third party that accesses the website and is not either (i) employed by Cyber Safeguard Ltd and acting in the course of their employment or (ii) engaged or otherwise providing services to Cyber Safeguard Ltd and accessing the website in connection with the provision of such services.

You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

1. Intellectual Property

All content included on the website, unless uploaded by Users, is the property of Cyber Safeguard Ltd, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by Users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written consent.
You may, for your own personal, non-commercial use only, do the following:
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Cyber Safeguard Ltd.

2. Prohibited use

You may not use the website for any of the following purposes:
In any way which causes, or may cause, damage to the website or interferes with any other persons use or enjoyment of the website;
In any way which is harmful, unlawful, illegal, harassing, threating or otherwise objectionable or in breach of any applicable law, regulation, government order;
Making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner

3. Links to other websites

This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Cyber Safeguard Ltd or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this website does not imply any endorsement of the sites or of those in control of them

4. Privacy Policy and Cookies Policy

Use of the website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into the terms and conditions by this reference. To view the Privacy and Cookies Policy, please click on the following: Privacy Policy Link and Cookies Policy link

5. Availability of the website and disclaimers

Any online facilities, tools, services or information that Cyber Safeguard Ltd makes available through the website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. to the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Cyber Safeguard Ltd is under no obligation to update information on the website.
Whilst Cyber Safeguard Ltd uses reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Cyber Safeguard Ltd accepts no liability for any disruption or non-availability of the website
Cyber Safeguard Ltd reserves the right to alter, suspend, or discontinue any part (or whole of) the website including, but not limited to, any products, and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.

6. Limitation of liability

Nothing in the terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable, (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Cyber Safeguard Ltd accepts no liability for any of the following:
1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, agreements, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage

7. Assessment

We will upon receipt of the Fees give you access to a Scheme self- assessment Questionnaire and will, subject to You meeting You obligations under this agreement, assess the completed Questionnaire in accordance with the Scheme Controls.
You must complete and submit the Questionnaire to Us within 6 months of our sending You the Scheme Questionnaire form. Any Questionnaire submitted after that date will not be assessed and no refund of the Fees will be due or payable to You.
We will notify You of the results of our assessment as soon as reasonably practicable after completing its assessment.
If You are successful, We will issue You with a Certificate (valid for 12 months from the date of issue);
We will perform its assessment with reasonable skill and care but the results are not subject to any appeal mechanism and are made entirely at Our sole and absolute discretion;
If You are unsuccessful in your first assessment attempt We will carry out one further assessment free of any additional charge provided that your resubmission is made within 48 hours of receipt of our notice that Your first assessment attempt has failed. Any further assessment attempts will be charged as a new application.

8. Your Obligations

You warrant and represent that:
Your submitted Questionnaire is complete and accurate in all material respects and has been completed honestly and in good faith;
Your Scheme Questionnaire has been completed and signed by an authorised and suitably competent person of suitable seniority within Your organisation;
You will not do or permit to be done anything that might damage the reputation or standing of the Scheme, Us or NCSC;
You will cooperate with Us and our permitted agents and advisers in the management and auditing of the Scheme and will in particular provide Us with access to Your records, personnel and premises for the purposes of auditing Your compliance with the terms of this agreement.
You acknowledge that the Scheme is intended to reflect the fact that certified organisations have themselves established the Security Controls set out in the Cyber Essentials Requirements for IT Infrastructure only and that receipt of a Certificate does not indicate or certify or guarantee that Your organisation is free from cyber security vulnerabilities. You acknowledge and accept that We have not warranted or represented the Scheme or certification under the Scheme as conferring any additional benefit to You.
You will comply with the Scheme Documentation and all reasonable directions made to You by Us or the by relevant Certification Body.
You will follow the Branding Guidelines in your use of the Certification Essentials Certification Mark and / or the Cyber Essentials Plus Certification Mark

9. Fee

You will pay the Fee in accordance with the Our published fee scale or as advised by the Certification Body

10. Scheme IPR and use of certificate

You will comply with the Scheme documentation and all reasonable directions made to You by Us, NCSC, or IASME
You acknowledge that any Certificate will be issued to You only upon acceptance of the terms and conditions of use including constraints on the use of the Marks, as set out in Annex C and Annex D.
We reserve the right to rescind (without compensation to You) a Scheme Certificate that has been issued to You in error.

11. Confidentiality

We will keep the information You submit during the assessment as confidential and protect it as we would our own confidential information. We will only use the confidential information you submit for the purposes of performing, managing or reviewing the assessment and for the purposes of the effective management, supervision and development of the Scheme. We may disclose Your confidential information to HM Government; and (for the purpose only of performing an assessment or managing or auditing the Scheme) to Our staff and contractors and to a CB. Such disclosure will be on terms of confidentiality. We may also disclose Your information as required by law, by an order of any court or tribunal; or as required by HMRC. In the event that management of the Scheme is to be transferred to a third party we may disclose to them the confidential information You have submitted, for the purpose of ensuring the continuation of the assessment and or the Scheme.
You also agree to us publishing the name of your company and, if relevant, the scope of the assessment if you are awarded certification.
You also agree to the UK Government publishing the details of your organization and the level of certification held on Our website and on NCSC’s website.

12. Data protection

Both Parties will comply with their respective obligations under the Data Protection Act 2018 and the General Data Protection Regulation (GDPR)
You shall hold Us harmless from and against any and all claims (including reasonable and properly incurred costs and expenses) made against Us by an individual arising as a result of any loss, unauthorised disclosure of or unauthorised access to any Personal Data by the You or any of Your staff in relation to this Agreement or the Scheme.
The provisions of this Clause Data Protection shall apply during the continuance of this Agreement and for twelve months after the expiry or termination of this Agreement.

13. Indeminity

You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by Us arising out of or in connection with:
any breach of the warranties or representations contained in clause 3;
(b) Your breach or negligent performance or non-performance of this agreement;
(c) The enforcement of this agreement;
(d) any claim made against Us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Our use of Your information for the purposes of the Scheme;
This indemnity shall not cover Us to the extent that a claim under it results from Our negligence or wilful misconduct.
Nothing in this clause shall restrict or limit Our general obligation at law to mitigate a loss We may suffer or incur as a result of an event that may give rise to a claim under this indemnity.

14. Inadequacy of damages

Without prejudice to any other rights or remedies that We may have, You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of this agreement by You. Accordingly, We shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this agreement.

15. Cancellation, termination and effects of termination

We may terminate the certification process at any stage without notice to you in the event that you are in breach of any of your obligations under this agreement.
We may cancel Your Certificate at any time in the event that You use the Certificate or Marks in breach of the terms of the Scheme or in the event that You are in material breach of any of your other obligations under this agreement.
In the event that we cancel Your Certificate You will immediately cease to use it or to hold Yourself out as holding a Certificate in any other way whatsoever.
We will not be obliged to return any Fee or other payment You have made in connection with the assessment that we terminate or Certificate that we cancel under this clause 9.
Neither Termination of the assessment nor cancellation of the Certificate will prohibit Us from enforcing our other rights under this Agreement.

16. Further Assurance

At its own expense, each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this agreement.

17. No agency

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.

18. Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

19. Third party rights

Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.

20. Entire agreement

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

21. Severance

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
If any provision or part-provision of this agreement is deemed deleted under clause 15.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

22. Force majeure

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 12 weeks months, the party not affected may terminate this agreement by giving 10 days’ written notice to the affected party.

23. Dispute resolution

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 12 weeks months, the party not affected may terminate this agreement by giving 10 days’ written notice to the affected party.

24. Law and jurisdiction

Each party irrevocably agrees, for the sole benefit of Us that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause shall limit Our right to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

25. General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected
The terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version
These terms and conditions together with the Privacy Policy and Cookie Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relations to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-commercial disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts

26. Cyber Security Essentials Ltd details

Cyber Safeguard Ltd is a company incorporated in England and Wales with registered number 13531630 whose registered address is 2 Booker Close, England, S433WA and it operates the website www.cyber-safeguard.co.uk. The registered VAT number is 391350501
You can contact Cyber Safeguard Ltd by email on: info@cybersecurityessentials.co.uk

27. Attribution

The terms and conditions were created using the document from Rocket Lawyer (https://rocketlawyer.co.uk)