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 KvK number: 69855242
  2. The Client: the person or entity that has entered into the agreement with Cyber Inc.
  3. The assignment: the request from the Client to ‘Cyber Inc.’ to perform services for 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 of ‘Cyber Inc.’ and the Client.
2 Quotations and Offers
  1. All quotations and offers from ‘Cyber Inc.’ are non-binding, unless a deadline is specified in the offer. If no deadline is specified, no rights can be derived from the offer or quotation. The mere issuance thereof does not obligate ‘Cyber Inc.’ to enter into an agreement. The date of establishment of the agreement will be the date of confirmation by ‘Cyber Inc.’. Any later agreements or modifications are only valid if ‘Cyber Inc.’ has confirmed them in writing.
  2. ‘Cyber Inc.’ retains copyright on ideas, texts, strategic/creative concepts, and designs presented in offers or quotations. These remain the property of ‘Cyber Inc.’. Without prior written consent from ‘Cyber Inc.’, the Client may not copy, show to third parties, or modify them.
  3. ‘Cyber Inc.’ cannot be held to its quotations and/or offers if the Client should understand that the quotations or offers, or any part thereof, contain an apparent mistake and/or typographical error.
3 Agreement
  1. Unless the agreement also involves 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 services to the best of its ability and insight.
  2. The Client and ‘Cyber Inc.’ will both cooperate with agreed procedures and will promptly provide each other with the information needed for the proper execution of the services. Items, materials, and/or data provided by the Client to ‘Cyber Inc.’ are held at the Client’s risk and expense.
  3. The Client and ‘Cyber Inc.’ will not unnecessarily harm each other’s interests, either within or outside of this agreement.
  4. ‘Cyber Inc.’ undertakes to keep confidential all information provided by or on behalf of the Client.
5 Duration of the Agreement
  1. ‘Cyber Inc.’ has the right to have certain services performed by third parties.
  2. If, in the context of the assignment, ‘Cyber Inc.’ performs work at the Client’s location, the Client shall provide the desired facilities free of charge. The Client shall ensure that all data necessary for executing the assignment are made available to ‘Cyber Inc.’ in a timely manner. If the data required for performing the agreement are not provided to ‘Cyber Inc.’ in a timely manner, ‘Cyber Inc.’ is entitled to suspend the execution of the agreement and/or charge the Client for any additional costs arising from the delay at the usual rates.
  3. The execution period will not commence until the Client has made the data available. ‘Cyber Inc.’ is not liable for any damage of any kind resulting from the fact that ‘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 specified by ‘Cyber Inc.’.
  2. If the Client is in default of timely payment of an invoice, they shall owe interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount payable will be calculated from the moment the Client is in default until the full amount is paid.
  3. In the event of default, the Client shall also be liable for judicial and extrajudicial collection costs, including costs for lawyers, bailiffs, and collection agencies. The extrajudicial collection costs will be set at least 15% of the principal sum with interest, with a minimum of €75.
  4. Any judicial and execution costs incurred will also be charged to the Client. The Client will also owe interest on the collection costs.
  5. ‘Cyber Inc.’ is entitled to adjust prices annually on January 1 based on the CBS price index: Service prices; commercial services and transport, index 2010 = 100.
7 Copyright and License
  1. All works of ‘Cyber Inc.’ are automatically protected by copyright according to Dutch law.
  2. The Client receives from ‘Cyber Inc.’ an unlimited license for the use of copyrighted works created by ‘Cyber Inc.’ in the execution of the agreement for the Client, provided that the license is valid only as long as the Client meets the financial obligations related to the provision of the copyrighted work.
  3. The license referred to in the previous paragraph applies only to the Client’s own use of the work. Use by third parties is not permitted.
  4. The license referred to in the previous paragraph does not apply to the use of work in a modified form by the Client. Prior permission from ‘Cyber Inc.’ is required for publication in a modified form.
  5. In every publication, the Client must mention the name of ‘Cyber Inc.’.
8 Intellectual Property
  1. ‘Cyber Inc.’ reserves all rights and powers granted to it under the Copyright Act and other intellectual property laws and regulations. ‘Cyber Inc.’ has the right to use the knowledge obtained from performing an agreement for other purposes as well, provided that no strictly confidential information of the Client is disclosed to third parties. ‘Cyber Inc.’ retains the right to use written texts for its own promotional purposes in its portfolio.
  2. The copyright of content delivered by ‘Cyber Inc.’ belongs to ‘Cyber Inc.’, while the Client receives a usage right for the duration of the contract. Content added by the Client itself and content specifically developed for the Client belongs to the Client, and ‘Cyber Inc.’ has no claim to it.
9 Liability
  1. ‘Cyber Inc.’ is not liable for any damage of any kind resulting from reliance on incorrect or incomplete data provided by or on behalf of the Client.
  2. The liability of ‘Cyber Inc.’ is in any case limited to the amount covered by its insurer, if applicable.
  3. ‘Cyber Inc.’ is never liable for indirect damage.
  4. ‘Cyber Inc.’ is not liable for any damage, of any kind, resulting from attributable shortcomings of third parties engaged by ‘Cyber Inc.’ with the Client’s consent.
  5. Any claims by the Client as referred to in this article must be submitted to ‘Cyber Inc.’ in writing within 2 months after the shortcoming is discovered.
10 Data Processing and Destruction
  1. The Client acknowledges and agrees that all data, documents, and other information provided by the Client to ‘Cyber Inc.’ (hereinafter referred to as "Data") will be processed in accordance with applicable data protection laws and regulations during the term of the agreement with ‘Cyber Inc.’.
  2. Notwithstanding any other obligations arising from this agreement or applicable laws and regulations, ‘Cyber Inc.’ will destroy all Client Data within one (1) month after the termination or dissolution of the agreement. This destruction will be carried out in accordance with the requirements of applicable data protection and privacy laws.
  3. If ‘Cyber Inc.’ is legally required to retain certain Data or if ‘Cyber Inc.’ has otherwise received permission from the Client to retain such data for a longer period, such Data may be retained beyond the one-month period until the obligations are fulfilled or the permission is revoked.
  4. ‘Cyber Inc.’ accepts no responsibility for loss, damage, or compensation resulting from the destruction of Data, provided that such destruction has occurred in accordance with the terms of this agreement and applicable laws.
11 Indemnification
  1. The Client indemnifies ‘Cyber Inc.’ against all claims from third parties in connection with the execution of the agreement.
12 Disputes
  1. Disputes between the Client and ‘Cyber Inc.’ arising from the agreement or its execution will be decided by the court of the place of establishment of ‘Cyber Inc.’.
  2. The agreement is governed by Dutch Law.
13 Modification of General Terms and Conditions
  1. The most recently deposited version or the version that applied at the time of the formation of the legal relationship with the Client is always applicable.
  2. The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.
14 Force Majeure
  1. In the event of force majeure, parties are entitled to terminate the agreement in whole or in part without any obligation to compensate damages. Force majeure includes, but is not limited to: business disruptions, strikes, riots, government measures, natural disasters, cyberattacks, disruptions in telecommunications infrastructure, pandemics, or other unforeseen circumstances beyond the control of the parties.
15 Termination of the Agreement
  1. The agreement can be terminated by either party with a notice period of three (3) months. Termination must be done in writing.
  2. Upon termination of the agreement, the provisions that are by their nature intended to remain in effect after termination, such as obligations regarding confidentiality and protection of intellectual property, will continue to apply.
16 Data Security
  1. ‘Cyber Inc.’ will make efforts to secure the data provided by the Client against loss, theft, or unauthorized access. ‘Cyber Inc.’ will take appropriate technical and organizational measures in accordance with applicable laws and regulations.
  2. The Client is responsible for taking adequate measures to ensure the security of their own systems and data.
17 Liability for Cyberattacks
  1. ‘Cyber Inc.’ cannot be held liable for damage resulting from cyberattacks or security incidents, provided that ‘Cyber Inc.’ can demonstrate that it has taken all reasonable precautions to prevent such incidents.
18 Legal Compliance
  1. The Client and ‘Cyber Inc.’ are both responsible for compliance with applicable laws and regulations, including but not limited to the GDPR (General Data Protection Regulation).
19 Whitelisting of Phishing Campaigns
  1. The Client agrees to provide ‘Cyber Inc.’ with the necessary access and whitelisting for conducting phishing simulations and related security tests within the Client’s network, in accordance with the agreed terms of the service agreement.