1. These terms and conditions govern Your use of this service and Your relationship with us. Please read them carefully as they affect Your rights under law. If You do not agree with these conditions, please do not proceed with Your application for Cyber Essentials certification, as once You pay Your Certification Fee You will enter into a legally binding contract with Us.
In these conditions, the following words and expressions have the meanings set out below.
- Accrediting Body – a body approved by UK Government’s CESG, which is part of the National Cyber Security Centre and responsible for independently assessing, approving and appointing a Certification Body. The Accrediting Body that has approved the Certification Body under this Agreement is IASME Consortium Limited.
- Agreement – the contract entered into between You and Us following Your acceptance of these Terms and Conditions when submitting Your Order.
- Agreement Date – the date on which You accept your Proposal.
- Application – Your application for Cyber Essentials as supported by a completed Questionnaire submitted via the Cyber Essentials service.
- Assessment – the assessment of Your Application that determines whether or not You meet the criteria for being awarded Cyber Essentials certification.
- Buyers – organisations that when procuring goods and services may require their suppliers to be certified under Cyber Essentials.
- Certification – the confirmation that Your Application has been assessed and approved and a Cyber Essentials certificate has been awarded by the Accrediting Body.
- Certification Body – the body responsible under this Agreement for undertaking the Assessment and recommending Certification for Cyber Essentials, such body being Practical Vision Ltd (or anyone who takes over such business), whose registered office address is Suite 4, Wright House, 67 High Street, Tarporley, Cheshire, CW6 0DP.
- Certification Date – the date on which certification is awarded.
- Certification Fee – the fee paid in respect of pursuing certification.
- Confidential Information – any information, technical data, or know-how, including without limitation that which relates to research, products, services, customers, markets, inventions, processes, designs, marketing, future business strategies, trade secrets, finances, and other non-public information of the disclosing party, including the details of this Agreement.
- Cyber Essentials – the Cyber Essentials scheme developed by the UK Government. Cyber Essentials, and Cyber Essentials Plus are the same standard, Cyber Essentials Plus offering additional protection of a vulnerability test whilst Cyber Essentials is by verified self-assessment only.
- Days – working days, excluding Bank Holidays (England and Wales)
- Intellectual Property Rights – copyrights, patents, trademarks, service marks, database rights, design rights.
- Online Service – the website where You can access the Questionnaire associated with Your account.
- Order – the order You place for the purchase of Our services with a view to obtaining Cyber Essentials certification.
- Proposal – a document outlining the scope of the work to be completed, and setting out the fees and terms & conditions
- Questionnaire – the Cyber Essentials questionnaire used to present the questions to which You must respond in order that Your Application for Cyber Essentials certification may be assessed.
- Renewal Date – the date on which Your Cyber Essentials certification expires, which shall be one year from the date on which Certification is awarded.
- Response – the collective of responses You provide in response to the Questionnaire.
- We, Us, Our – Practical Vision Limited, which is a company registered in England with Company Number 06983855 and VAT number 986452669 and having its registered office at Suite 4, Wright House, 67 High Street, Tarporley, Cheshire, CW6 0DP.
- You, Your – the person or organisation named on Your Application.
3. Agreement Term
- These conditions come into force when You sign and return the Proposal.
- Certification, when awarded, will be for one year from the date of certification being awarded at which point it will lapse.
- You will have up to 30 days from the Agreement Date to complete the Application and successfully pass the Assessment, subject to clause 5.
4. Payment Terms
1. For Cyber Essentials:
a. You will pay the Certification Fee via bank transfer.
b. Payment must be made before Assessment can be started.
2. For Cyber Essentials Plus:
a. You understand that Your Application will begin with the Cyber Essentials Questionnaire and that Certification for Cyber Essentials must be attained before You can proceed to Cyber Essentials Plus.
b. The pricing for Cyber Essentials Plus depends on a number of variables defined by the Proposal You wish Certification to cover.
c. The scope You wish Certification to cover will be provided by You to enable Us to provide You with a Quotation.
d. If You wish to proceed on the basis of the Quotation provided, You will place an Order with Us.
e. Payment should be made via bank transfer within 14 days of receipt of the invoice.
f. Payment must be made in order to gain access to begin Your Application and before we commence a review of your Application.
3. The Certification Fee is non-refundable even if You fail the Assessment and are thereby unsuccessful in achieving Certification.
4. After placing Your Order, should You fail to complete Your Application or fail to successfully pass the Assessment within 30 days, You will forfeit Your Certification Fee and You will have to reapply if You still wish to attain Certification.
5. If You place an Order and are already certified to Cyber Essentials, You accept that You are seeking dual registration and no refund will be due.
6. The Certification Fee is based on a fixed scope as outlined in the product descriptions for Cyber Essentials and Cyber Essentials Plus. Any deviation from this scope will incur additional expenses and will be discussed and agreed by both parties in advance.
1. Assessment will be undertaken by the Certification Body.
2. The Questionnaire will be used as the basis of the Assessment.
3. By submitting Your completed Response, You confirm that the information provided by You in Your Response is complete and accurate.
4. The results of Assessment for Cyber Essentials and Cyber Essentials Plus will ordinarily be made available to You within five business days. During the Christmas festive season, 24 December 2018 to 4 January 2019, Cyber Essentials applications may take up to seven business days to process.
5. You understand that where the results of Assessment are positive and this has been shared with You, this does not represent Certification. The Certification Body will submit the Assessment outcome and a recommendation of Certification to the Accrediting Body, but the Accrediting Body is ultimately responsible for issuing the Certification.
6. Neither We nor the Certification Body can be held responsible for any Assessment outcome made as a consequence of inaccurate information submitted by You.
7. You will send Us any information the Certification Body may reasonably request in order to complete the Assessment.
8. You will tell Us in writing immediately if You become aware of erroneous information submitted by You.
9. The Certification Body will be entitled to make whatever alterations considered necessary or pertinent to the Assessment at any time so long as it accurately reflects the information provided by You.
10. You understand that You are responsible for telling Us if any amended Assessment is not correct. Unless You advise to the contrary in writing, We and the Certification Body will assume that the information in Your Application (as amended by the Certification Body and sent to You) is correct.
11. If the Assessment finds that there are steps You must take to comply with Cyber Essentials, You will be notified and You will have 2 business days from the date of such notification to fix the problems and resubmit Your Response. In such cases, if You fail to resubmit Your Response within 2 business days of notification of Assessment failure, Your account will be closed and You will need to restart the process. In such cases, You shall be required to place a new Order, pay a further Certification Fee, and submit a new Application.
12. If the Assessment finds that there are steps You must take to comply with Cyber Essentials Plus, You will be notified and You will have 30 days from the date of such notification to fix the problems and resubmit evidence of remedial work being completed to a standard to pass. In such cases, if You fail to resubmit Your Response within 30 days of notification of Assessment failure, Your account will be closed and You will need to restart the process. In such cases, You shall be required to place a new Order, pay a further Certification Fee, and submit a new Application.
13. Unless You tell Us not to on the Assessment form, Government departments and other interested bodies may wish to use Your company for marketing Cyber Essentials.
14. Unless You tell Us not to on the Assessment form, You may be included in a register of Cyber Essentials certified organisations. Exclusion means Buyers will not be able to find Your entry.
1. Certification will not automatically renew upon the Renewal Date.
2. To renew your Certification, You must submit a new Order and pursue a fresh Application.
3. We will send You an initial renewal reminder at least 60 days’ notice prior to the expiry of Your Certification.
4. Applications to renew Certification shall be subject to the Certification Fee then in force.
5. Applications to renew Certification will be subject to the same Assessment unless the Accrediting Body has stipulated an alternative Assessment as first time Applications and as such are pursuant to Clause 5.
6. In order to ensure continuous Certification, You must ensure You allow sufficient time for an Assessment to be undertaken.
a. For Cyber Essentials renewals, You should submit Your Application no less than 7 days in advance of the Renewal Date.
b. For Cyber Essentials Plus renewals, You should contact us no less than 14 days in advance of the Renewal Date.
7. We cannot be held responsible for Your renewal Application failing to meet the standards required for Certification.
1. During the course of the relationship between You and Us, a party may have access to the other party’s Confidential Information.
2. The parties agree that Confidential Information does not include a party’s information which the other party can establish by legally sufficient evidence:
a. Was in the possession of, or was rightfully known by a party without an obligation to maintain its confidentiality prior to its receipt from the other party;
b. Is or becomes generally known to the public without a breach of this Agreement;
c. Is obtained by a party in good faith from a third party having the right to disclose it without an obligation of confidentiality;
d. Is independently developed by a party without use, directly or indirectly, of Confidential Information received from the other party; or
e. Is authorized in writing by a party to be released from the confidentiality obligations herein.
3. Non-Disclosure: Except to the extent reasonably required for purposes of this Agreement, each party agrees that it shall not use or permit the use of any Confidential Information of the other party, nor disclose or permit to be disclosed the Confidential Information of the other party to any person or entity (other than its own employees, agents, representatives, or affiliated entities having a reasonable need for such information for the purposes of this Agreement and that have agreed to keep such information confidential), nor duplicate any Confidential Information of the other party which consists of computer software or documentation or other materials expressly restricted against copying or which carry the notation Confidential, Company Confidential, and/or Proprietary, unless such duplication, use or disclosure is specifically authorized in writing by the other party.
4. You accept that in order for the Assessment to be undertaken and Certification to be awarded, it is necessary for Us to share Your Confidential Information with the Certification Body (where We are not the Certification Body) and/or the Accrediting Body and You hereby grant Us permission to do so.
5. The provisions of this Clause 7 shall survive the termination or expiration of this Agreement.
6. Legal Disclosure. If it is reasonably necessary for the receiving party to disclose any Confidential Information to (i) enforce this Agreement, (ii) comply with a judicial or administrative proceeding or similar process, or (iii) comply with a stock exchange rule, or rule of any other regulatory authority which has jurisdiction over receiving party, the receiving party will, if permitted, provide the disclosing party with prompt written notice so the disclosing party may, at the disclosing party’s sole expense, seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In the event such protective order or other remedy is not obtained, the receiving party will not be in breach by furnishing such Confidential Information as legally required and will exercise commercially reasonable efforts to obtain assurance that confidential treatment will be accorded the Confidential Information so disclosed, at the disclosing party’s expense.
8 Patents and Trade Marks
1. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Online Service or Cyber Essentials are the property of Us and/or Our affiliates. You may not copy, display or use any of these marks without prior written permission of the relevant owner.
1. We may immediately end this Agreement without liability to You if You fail to carry out Your responsibilities under Clauses 4, 5 and 6 or if You fail to meet any of the Application requirements we issue from time to time.
2. If we end this Agreement, we will tell You in writing and explain why. Ending this Agreement will not affect Your or Our rights or responsibilities that may have built up to the date this Agreement ends.
10 Transfer of Rights
1. You may not transfer any of Your rights under these conditions without Our permission in writing. We may transfer or subcontract any of Our rights under these conditions without Your permission.
1. You and We are, and intend to remain, independent contractors. These conditions will not form, create or be interpreted as a partnership or formal business organisation of any kind.
12 Limited Warranty and No Liability for Indirect or Consequential Loss
1. We will use reasonable endeavours to make the Online Service available 24 hours a day, seven days per week. However, We will not be liable if for any reason the Online Service is not available at any particular time or for any reasonable period.
2. Although all reasonable care will be taken in preparing the Assessment, neither We nor the Certification Body will be liable for any loss, liability, claim or damage arising in relation to these conditions.
3. Subject to clause 5, Our total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement or any collateral contract shall be limited to the amount of the Certification Fee.
4. We shall not be liable for any loss of profits, loss of revenue, loss of business, loss of use, loss of contracts, loss of anticipated savings or for any indirect economic or financial loss or any indirect, special or consequential loss, whatsoever and howsoever suffered, even if We have been advised of the possibility of such damages.
5. Nothing in this Agreement shall exclude or limit Our liability for death or personal injury or fraud or fraudulent misrepresentation or any other liability that cannot be lawfully excluded under any applicable law.
13 No Other Warranties
1. All other conditions or warranties express or implied, statutory or otherwise are hereby expressly excluded to the extent permitted by law.
2. There is no warranty by Us or any other party or person that the operation of the Online Service will be uninterrupted or error free.
14 End User Remedies
1. Our entire liability and Your exclusive remedy in the event that a valid claim is made by You shall be, at Our option, the repair, reinstatement or replacement of the Online Service or provision of further Assessment within a reasonable time.
2. If any provision of this Agreement is judged to be illegal or unenforceable by a court of competent jurisdiction, the remainder of the provisions of the Agreement shall continue in full force and effect.
1. You will make sure that:
a. the information You submit to Us as part of Your Order and Your Application is correct; and
b. You will refund Us for any costs, losses, liabilities and expenses We suffer as a result of any false, inaccurate or misleading information You provide.
16 Force Majeure
1. Neither We nor the Certification Body will be liable for any delay in performing or failure to perform any obligations under this Agreement due to any cause outside either party’s reasonable control including, but not limited to, war or national emergency, accident, fire, riot and strike.
2. Such delay or failure shall not constitute a breach of this Agreement and the time for performance of the affected obligation shall be extended by such period as is reasonable.
3. We and You will tell each other immediately about any such event and try to reduce the effect of the event as soon as reasonably possible.
17 Privacy and Cookies
1. We reserve the right to amend these Terms and Conditions at any time. Such changes will normally be effective only when you place an Order to renew your Certification.
2. If You fail to carry out any of Your responsibilities under this Agreement and we ignore this, we will still be entitled to use Our rights at a later date or in any other situation where You fail to carry out any of Your responsibilities under these conditions.
3. If any term of these conditions is held to be illegal or unenforceable, all the other terms of these conditions will still be in force.
4. These conditions are the entire Agreement and understanding between You and Us and replace any previous agreement between You and Us for this Online Service as defined herein. These conditions will not be applicable to and will be held entirely separate from Terms and Conditions relating to any other services provided by Us to You.
5. This Agreement is not intended to create any right that any other person can enforce. The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement.
19 Governing law
1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the jurisdiction of the courts of England and Wales, unless otherwise submitted by Us.