Terms and Conditions

The 2LRN4 security awareness platform and the course materials offered on it are products of Cyber Inc security bv. These general terms and conditions apply to all offers, activities, quotations and agreements of whatever nature between Cyber Inc Security bv (hereinafter referred to as ‘Cyber Inc.’) and its clients, respectively their legal successors.

1 Definitions

  1. Cyber Inc. registered with the Chamber of Commerce under Chamber of Commerce number: 69855242
  2. The Client: the person who works with Cyber Inc. the agreement has been entered into.
  3. The assignment: the request of the Client to 'Cyber Inc.' to perform work against payment.
  4. The agreement: the agreement between 'Cyber Inc.' and the Client as it is or will be concluded.
  5. Application and validity of these general terms and conditions
  6. These general terms and conditions apply to all agreements between 'Cyber Inc.' and the Client.

2 Quotations and offers

  1. All quotations and offers from 'Cyber Inc.' are without obligation, unless a term is stated in the quotation. If no term has been set, no rights can be derived from the quotation or offer. The mere publication thereof does not oblige 'Cyber Inc.' to conclude an agreement. The date of confirmation by 'Cyber Inc.' will apply as the date of conclusion of the agreement. Any additional agreements or changes made at a later date are only valid if 'Cyber Inc.' has confirmed them in writing.
  2. 'Cyber Inc.' reserves the copyright to ideas, texts, strategic/creative concepts and designs. These remain the property of “Cyber Inc.”. Without the prior written consent of 'Cyber Inc.', the Client may not copy, show to third parties or have it changed.
  3. 'Cyber Inc.' cannot be held to its quotations and/or offers, if the The Client can understand that the quotations or offers, or a part thereof, contain an obvious mistake and/or error.

3 Agreement

  1. Unless the agreement also includes the delivery of goods, the cooperation between the Client and 'Cyber Inc.' is an agreement for services.

4 General obligations of the parties

  1. 'Cyber Inc.' undertakes to perform the agreed work to the best of its knowledge and ability.
  2. Client and 'Cyber Inc.' will both cooperate in agreed procedures and will provide each other with make the necessary information available as soon as possible after the other party has requested it for the proper execution of the work. Objects, materials and/or data, which the Client has made available to 'Cyber Inc.', are held at the expense and risk of the Client.
  3. Client and 'Cyber Inc.' will not protect each other's interests or cause unnecessary harm within or outside this agreement.
  4. 'Cyber Inc.' undertakes to keep confidential all information of a confidential nature provided by or on behalf of the Client.

5 Duration agreement

  1. 'Cyber Inc.' has the right to have certain activities performed by third parties.
  2. If 'Cyber Inc.' performs activities in the context of the assignment at the location of the Client, the Client will provide the desired facilities free of charge. The Client ensures that all information necessary for the execution of the assignment is provided to 'Cyber Inc.' in a timely manner. If the information required for the execution of the agreement has not been provided to 'Cyber Inc.' in time, 'Cyber Inc.' has the right to suspend the execution of the agreement and/or to pay the additional costs resulting from the delay according to the then to charge the Client the usual rates.
  3. The execution period does not start before the Client has made the data available to the User. 'Cyber Inc.' is not liable for damage, of whatever nature, because 'Cyber Inc.' relied on incorrect and/or incomplete data provided by the Client.

6 Payment and collection costs

  1. The Client must pay 'Cyber Inc.' within 30 days of the invoice date, in a manner to be indicated by 'Cyber Inc.'.
  2. If the Client is in default with the timely payment of an invoice, it will then owe a (commercial) interest of 1% per month, unless the statutory interest is higher, in which case the statutory (commercial) interest is due. The (commercial) interest on the amount due and payable will be calculated from the moment that the Client is in default until the moment of payment of the full amount owed.
  3. In the absence of timely payment, the Client is in addition to the amount and the interest also owes the judicial and extrajudicial collection costs, including the costs for lawyers, bailiffs and collection agencies. The extrajudicial collection costs are set at a minimum of 15% of the principal with interest, with a minimum of € 75.
  4. Any judicial and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed.
  5. 'Cyber Inc.' is entitled to adjust the prices annually on 1 January on the basis of the CBS price index: Services prices; commercial services and transport, index 2010 = 100.

7 Copyright and License

  1. According to Dutch law, every work of 'Cyber Inc.' is automatically subject to copyright.
  2. The Client obtains from 'Cyber Inc.' a license for use that is unlimited in time of copyrighted works, which are made by 'Cyber Inc.' in the performance of the agreement for the benefit of the Client, on the understanding that the license only applies as soon as and as long as the Client fulfills the financial obligations related to the making the copyrighted work available.
  3. The license referred to above applies exclusively to the use of the work by the Client itself. Use by third parties is not permitted.
  4. The license referred to above does not apply to the use of work in a form adapted by the Client. For publication in modified form, permission must first be requested from the 'Cyber Inc.'.
  5. The Client must state the name of 'Cyber Inc.' with each publication.

8 Intellectual Property

  1. ‘Cyber Inc.’ reserves its rights and powers under the Copyright Act and other intellectual laws and regulations. 'Cyber Inc.' has the right to use the information for other purposes through the execution of an agreement, insofar as no strictly confidential information of the Client is disclosed to third parties. Cyber Inc. reserves the right to use written texts for its own promotional purposes in its portfolio.

9 Liability

  1. 'Cyber Inc.' is not liable for damage, of whatever nature, caused by 'Cyber Inc.' relying on data provided by or on behalf of the Client.
  2. The liability of 'Cyber Inc.' is in any case always limited to the amount of the payment from its insurer, where appropriate.
  3. 'Cyber Inc.' is never liable for indirect damage.
  4. 'Cyber Inc.' is not liable for any damage whatsoever as a result of attributable shortcomings of third parties that 'Cyber Inc.' has engaged with the consent of the Client.
  5. Possible claims by the Client as referred to in this article must be submitted in writing to 'Cyber Inc.' within 2 months of discovery of the deficiency.

10 Disclaimer

  1. The Client indemnifies 'Cyber Inc.' against all claims from third parties in connection with the execution of the agreement.

11 Disputes

  1. Disputes between the Client and 'Cyber Inc.' in connection with the agreement or the implementation thereof will be decided by the court of the place of business of 'Cyber Inc.'.
  2. The agreement is Dutch law applies.

12 Amendment to terms and conditions

  1. The most recently filed version or the version that applied at the time of the establishment of the legal relationship with the Contractor is always applicable.
  2. The Dutch text of the general terms and conditions is always decisive for the explanation thereof.