Terms & conditions

Terms & conditions

The 2LRN4 security awareness platform and the course materials offered on it are products of Cyber Inc security bv. These terms and conditions apply to all offers, services, quotations and agreements of any kind between Cyber Inc Security bv (hereinafter: “Cyber Inc.”) and its customers, or their legal successors.

1. Definitions

1. Cyber Inc., registered with the Dutch Chamber of Commerce under number: 69855242.
2. The Customer: the party that has entered into an agreement with Cyber Inc.
3. The assignment: the Customer’s request for Cyber Inc. to perform services against payment.
4. The agreement: the agreement between Cyber Inc. and the Customer as concluded or to be concluded.
5. Applicability and validity of these terms.
6. These terms and conditions apply to all agreements between Cyber Inc. and the Customer.

2. Quotations and offers

1. All quotations and offers by Cyber Inc. are without obligation, unless a validity period is stated. If no period is stated, no rights can be derived from the quotation or offer. Issuing a quotation does not oblige Cyber Inc. to conclude an agreement. The agreement is deemed concluded on the date of Cyber Inc.’s confirmation. Any later additions or changes are only valid if confirmed in writing by Cyber Inc.
2. Cyber Inc. retains copyright in ideas, texts, strategic/creative concepts and designs created in the context of a quotation or offer. These remain the property of Cyber Inc. Without prior written consent, the Customer may not copy them, show them to third parties or have them modified.
3. Cyber Inc. cannot be held to a quotation or offer if the Customer could reasonably understand that it contains an obvious mistake or typographical error.

3. Agreement

1. Unless the agreement also includes the supply of goods, the cooperation between the Customer and Cyber Inc. qualifies as a service agreement (agreement for services).

4. General obligations of the parties

1. Cyber Inc. undertakes to perform the agreed services to the best of its knowledge and ability.
2. The Customer and Cyber Inc. will cooperate with agreed procedures and will provide each other with the information required for proper performance as soon as possible upon request. Items, materials and/or data provided by the Customer are held at the Customer’s risk and expense.
3. The Customer and Cyber Inc. will not unnecessarily harm each other’s interests, inside or outside this agreement.
4. Cyber Inc. will keep confidential all confidential information provided by or on behalf of the Customer.

5. Term of the agreement

1. Cyber Inc. is entitled to have certain activities performed by third parties.
2. If Cyber Inc. performs services at the Customer’s premises, the Customer will provide the necessary facilities free of charge. The Customer will ensure that all data necessary for performance is provided in time. If required data is not provided in time, Cyber Inc. may suspend performance and/or charge additional costs resulting from the delay at the then applicable rates.
3. The execution period does not commence until the Customer has provided the necessary data. Cyber Inc. is not liable for any damage resulting from incorrect and/or incomplete data provided by the Customer.

6. Payment and collection costs

1. The Customer must pay Cyber Inc. within 30 days of the invoice date, in the manner indicated by Cyber Inc.
2. If the Customer is in default, interest of 1% per month is due, unless the statutory (commercial) interest is higher, in which case statutory (commercial) interest applies. Interest is calculated from the moment of default until full payment.
3. In case of late payment, the Customer owes judicial and extrajudicial collection costs in addition to the principal and interest, including costs for lawyers, bailiffs and collection agencies. Extrajudicial costs amount to at least 15% of the principal plus interest, with a minimum of € 75.
4. Any judicial and enforcement costs will also be recovered from the Customer. Interest is also due on collection costs.
5. Cyber Inc. is entitled to adjust prices annually on 1 January based on the CBS price index: Service prices; commercial services and transport, index 2010 = 100.

7. Copyright and licence

1. Copyright automatically applies to every work created by Cyber Inc. under Dutch law.
2. The Customer receives a perpetual licence to use copyrighted works created by Cyber Inc. for the Customer under the agreement, provided that and as long as the Customer fulfils its financial obligations related to making the work available.
3. The licence is exclusively for the Customer’s own use. Use by third parties is not permitted.
4. The licence does not apply to use of a work in a form modified by the Customer. Prior consent from Cyber Inc. is required for publication in modified form.
5. With each publication, the Customer must mention Cyber Inc.

8. Intellectual property

1. Cyber Inc. reserves all rights and powers under the Copyright Act and other IP laws. Cyber Inc. may use knowledge obtained through performance for other purposes, provided no strictly confidential information of the Customer is disclosed to third parties. Cyber Inc. also reserves the right to use written texts for its own promotion in its portfolio.
2. The copyright of content supplied by Cyber Inc. remains with Cyber Inc., while the Customer obtains a right of use during the term of the contract. Content added by the Customer and content developed specifically for the Customer belongs to the Customer; Cyber Inc. does not claim rights to it.

9. Liability

1. Cyber Inc. is not liable for damage of any kind arising from reliance on data provided by or on behalf of the Customer.
2. Cyber Inc.’s liability is in any event limited to the amount paid out by its insurer, where applicable.
3. Cyber Inc. is never liable for indirect damage.
4. Cyber Inc. is not liable for any damage resulting from attributable shortcomings of third parties engaged with the Customer’s consent.
5. Any claim must be submitted in writing to Cyber Inc. within two months after the shortcoming was discovered.

10. Processing and destruction of data

1. The Customer acknowledges and agrees that all data, documents and other information provided to Cyber Inc. (“Data”) will be processed during the term of the agreement in accordance with applicable data protection laws.
2. Without prejudice to any other obligations, Cyber Inc. will destroy all Customer Data within one (1) month after termination or dissolution of the agreement, in a manner that complies with applicable security and privacy requirements.
3. If Cyber Inc. is legally obliged to retain certain Data, or has received permission to retain it longer, such Data may be retained beyond one month until the obligation is fulfilled or the permission is withdrawn.
4. Cyber Inc. accepts no responsibility for loss or damage arising from the destruction of Data, provided such destruction is carried out in accordance with these terms and applicable law.

11. Indemnification

1. The Customer indemnifies Cyber Inc. against all third-party claims related to performance of the agreement.

12. Disputes

1. Disputes between the Customer and Cyber Inc. arising from the agreement or its performance will be decided by the competent court in the place of business of Cyber Inc.
2. Dutch law applies to the agreement.

13. Changes to these terms

1. The most recently filed version applies, or the version that applied at the time the legal relationship was established.
2. The Dutch text of these terms is leading for interpretation.

14. Force majeure

1. In case of force majeure, the parties may dissolve the agreement wholly or partly without any obligation to pay compensation. Force majeure includes, in any event: business disruptions, strikes, riots, government measures, natural disasters, cyberattacks, telecommunication infrastructure failures, pandemics, and other unforeseen circumstances beyond the parties’ control.

15. Termination

1. Either party may terminate the agreement subject to a notice period of three (3) months. Termination must be in writing.
2. Upon termination, provisions intended to survive termination—such as confidentiality and IP protection—remain in force.

16. Data security

1. Cyber Inc. will use reasonable efforts to protect Customer data against loss, theft or unauthorized access and will take appropriate technical and organizational measures in line with applicable laws.
2. The Customer remains responsible for taking adequate measures to safeguard the security of its own systems and data.

17. Liability in case of cyberattacks

1. Cyber Inc. cannot be held liable for damage resulting from cyberattacks or security incidents, provided Cyber Inc. can demonstrate it took all reasonable precautions to prevent such incidents.

18. Legal compliance

1. The Customer and Cyber Inc. are both responsible for compliance with applicable laws and regulations, including (but not limited to) the GDPR.

19. Whitelisting phishing campaigns

1. The Customer agrees to provide Cyber Inc. with the necessary access and whitelisting for performing phishing simulations and related security tests within the Customer’s environment, in accordance with the agreed service terms.

Last updated: 2024-07-31