Version: 2.0. Issue date: 15/6/16.
TERMS FOR BUYING GOODS AND SERVICES ON OUR SITE
If you are a consumer
- If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that, during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
- This cancellation right does not apply in the case of:
- sealed audio or sealed video recordings, or sealed computer software, once these products are unsealed after you receive them;
- software or electronic subscription products or downloadable templates, documents, books or reports in pdf or other electronic format (digital content, the value of which is inherent in the information and/or analysis that has been delivered and which, by its nature, cannot be returned) in respect of which consumers waive, on receipt of the digital content, any right of contract cancellation;
- any products that become mixed inseparably with other items after their delivery;
- any products that are made to your specifications or are clearly personalised;
- any services where you have specifically requested a visit for the purpose of carrying out urgent repairs or maintenance;
- where the first day for delivery of any service, whether training or consultancy, falls within a period of 14 days from the day on which the service was purchased, then your right of cancellation does not apply on or after the last business day preceding the first day for delivery of that service. There are further terms, set out below, that apply specifically to the purchase of training courses through our sites.
- Your legal right to cancel a contract starts from the date we confirm our acceptance of your order, which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:
||End of the cancellation period
Your contract is for a single product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the product. Example: if we provide you with an order confirmation on 1 January and you receive the product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your contract is for either of the following:
- one product delivered in instalments on separate days.
- multiple products delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered. Example: if we provide you with an order confirmation on 1 January and you receive the first instalment of your product or the first of your separate products on 10 January and the last instalment or last separate product on 15 January you may cancel in respect of all instalments and any or all of the separate products at any time between 1 January and the end of the day on 29 January.
Your contract is for the regular delivery of a product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the products. Example: if we provide you with an order confirmation on 1 January in respect of products to be delivered at regular intervals over a year and you receive the first delivery of your product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all products to arrive during the year.
If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by the Company, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
These terms shall be governed by and construed in accordance with the laws of England and the user explicitly accepts that only the law courts of England have jurisdiction to deal with any matter arising from or in any way, whether directly or indirectly, related to the use of this website and, accordingly, the user explicitly waives all and any rights to bring any action of any sort in relation to this website, or to any transaction carried out with it, or any data stored on it or provided to it in any court anywhere else in the world.
To cancel a contract, you need to let us know that you have decided to cancel. The easiest way to do this is to complete the form attached to these terms. Please notify us of your decision to cancel by emailing firstname.lastname@example.org, quoting the electronic purchase sale number, the date of the transaction and the items purchased. This letter must contain a categorical statement that goods that have been delivered have not been copied, duplicated or used in any way. Please also obtain a Returns Number at the time of notifying us of your decision to cancel, and we will at that time also notify you of our returns address.
- If you cancel your contract, we will:
refund you the price you paid for the products. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.
If you have returned the product to us because it is faulty or not as described, we will refund the price of the product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit or debit card you used to pay. If you used vouchers to pay for the product, we may refund you in vouchers. If you paid via PayPal or some similar payment processor, or via bank transfer, we will make the refund by the same route.
- If a product has been delivered to you before you decide to cancel the contract:
you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You should send the product back to the address stated on our website.
unless the product is faulty or not as described, you will be responsible for the cost of returning the product to us. If the product is one that cannot be returned by post, we estimate that if you use the carrier that delivered the product to you, these costs should not exceed the sums we charged you for delivery.
Because you are a consumer, we are under a legal duty to supply products that are in conformity with the contract entered into between us. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund outlined above or anything else in these terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- No waiver
- Governing law
Online purchasing agreements
Only those organisations that have approved credit accounts are authorised to place orders through our websites using a purchase order, as documented in an Online Purchasing Agreement. All purchases made by means of a purchase order are subject to specific terms as set out in that organisation’s Online Purchasing Agreement.
Cyber Essentials and Cyber Essentials Plus
The Client is required to complete any required testing and submit the completed Cyber Essentials questionnaire (‘CEQ’) within 120 days of purchasing the relevant Cyber Essentials certification service. Unless there are exceptional circumstances, any applications not completed within that period will be marked as void; in these circumstances, the Client agrees that they will not be entitled to any refund of or reduction in the fee or fees paid.
The Client is required to ensure that all vulnerability scans have been completed and submitted on the in-scope systems and infrastructure no later than seven calendar days from submitting the Cyber Essentials questionnaire to the Company. Failure to do so will result in a ‘fail’ outcome and a new application will be required to reinstate the certification process before a positive outcome can be assessed.
The testing methodology for Cyber Essentials and Cyber Essentials Plus will be in accordance with the requirements set out by CREST. All other tests and systems are out of scope and will not be tested without a signed Cyber Essentials questionnaire.
The Company will inform the Client where further tests are required due to a ‘fail’ outcome of the assessment, or in the event that the questionnaire does not meet the scope. These tests will be subject to agreement with the Client, and will be billed separately.
Explicit authorisation is required from the Client and from any additional parties involved in hosting any infrastructure or applications that are in-scope before the start of any tests, and should be submitted with the signed Cyber Essentials questionnaire. This is also applicable for an online submission via the CyberComply portal.
Limitations on the testing, such as a requirement for out-of-hours testing or weekend testing, or restrictions such as testing only during office hours should be stipulated at the time of submitting an order for Cyber Essentials certification assessment. Any surcharges incurred by the Company for any out-of-hours testing will be agreed with the Client in advance and billed separately.
Where the Cyber Essentials product or service purchased by the Client requires the Company to provide onsite consultancy or testing, the Client agrees that it will promptly pay any additional invoice that the Company generates in respect of its reasonable travel costs for attending site.
The Company’s testers are all qualified to the level that CREST deems appropriate for carrying out assessments.
The Client will identify and disclose to the Company any third parties that may conceivably be affected by the Company’s testing activities, and any damages and/or loss of service caused by the Client’s failure to identify and/or disclose such third parties shall remain the sole responsibility of the Client, and the Client therefore indemnifies the Company against all and any costs or damages howsoever arising from such activities. The Client’s authorisation to commence testing activities is deemed to include confirmation that any relevant Client-internal or external parties have been appropriately notified, and that all necessary permissions from such parties for the Company to commence testing have been provided to the Company.
The Company will only identify vulnerabilities that are already known at the date on which any tests are carried out, and which are capable of being exposed by the range of testing tools deployed by the Company. The Client accepts that it is in the nature of technical security testing that there may be flaws that will be uncovered in the future or by the use of alternative tools and attack methodologies, none of which could normally be identified at the time of testing, and therefore agrees that it will not, now or in the future, hold the Company to account for any such matters.
The Company shall accept no liability for damages caused to the Client by any automated or non-automated attacks on the Client’s Internet-facing infrastructure or its applications, irrespective of whether or not the Company’s security testing activity carried out under this Agreement did, did not, or could have but did not identify any vulnerability exploited, or which might in future be exploited by any such attack.
The Company will identify vulnerabilities that its testing has exposed and, wherever possible, it will identify by reference to commonly available and published information the appropriate patches and fixes that are recommended to deal with the identified vulnerability, but it will be entirely the Client’s responsibility to formally identify and deploy an appropriate solution to the vulnerabilities identified by the Company’s security testing.
Unless otherwise agreed, the Company reserves the right to list the Client’s company name on its site upon achieving certification.
Training course terms and conditions
All IT Governance Ltd public training courses, including all those for which we act as booking agents for third-party training providers, are subject to the terms and conditions set out below and, by booking a training course or a third-party training course through us, our customers (‘you’) accept these terms and conditions. All in-house training courses are subject to our General Terms and Conditions, which are available separately at the time of booking.
Prices for individual courses are as advertised on our website and are exclusive of VAT. Where required, VAT will be added to the advertised price to arrive at the final total cost. The course price includes trainers’ time, provision of training rooms and necessary facilities, all necessary training materials, and morning and/or afternoon refreshments. It does not include travelling or other subsistence costs.
Bookings can be made by credit card online via our website (www.itgovernance.co.uk), by telephone (00 800 48 484 484), by sending a booking form to fax + 44 1353 662667 or by emailing it to email@example.com, our sales office.
Bookings, which are in all cases subject to the availability of places on courses and, for third-party courses, on confirmation to us by the training provider that the course will actually run, will be accepted by us and the rights and responsibilities in respect of cancellation will apply from the date at which the booking is made. We reserve the right to refuse admittance to any public course unless:
- The full purchase price has been paid through the booking page for your chosen course through our website; or
- a valid purchase order has been received by us from a UK local authority, other UK public sector organisation or a company that has an approved credit account with us; and/or
- the full purchase price has been received by bank transfer to IT Governance in advance.
Delegates will not be permitted to enter the classroom if payment has not been made as set out above. The cancellation terms above shall apply in any case.
Once a booking has been accepted, cancellation terms (below) apply.
Delegate cancellation charges
You may cancel your booking without penalty providing we receive written notice more than 28 working days prior to the start of the relevant training course. Written cancellations received between 28 and 21 working days prior to the start of the training course will be subject to a 25% cancellation fee, and, if between 20 and 11 working days, a 50% cancellation fee. No refunds will be given for written cancellations received 10 working days or less before the start of the training course. No refunds will be given if you fail to attend a course for which you have made a booking.
Delegates can be transferred from one course to another, or alternative delegates can be substituted for those already booked on a course. For this to happen, the following fees apply: written notification more than 28 working days prior to the start of the relevant training course without penalty; between 28 and 21 working days prior to the start of the training course a 25% transfer fee; 20 to 11 working days a 50% transfer fee. Transfers 10 working days or less in advance of a course will be treated as a cancellation, and will be charged a 100% cancellation fee. (N.B. Unless we know the names of delegates five working days in advance, it may not be possible to provide attendance certificates at the end of the training course.)
The Company (and its selected training partners) reserves the right to cancel training courses but will endeavour not to do so within ten working days of the start of the course. If a training course is cancelled, the Company’s only obligation to you will be, at our discretion, either to reschedule the cancelled course within four months or to refund in full the fees paid by you for the training course. To the fullest extent permitted by law, the Company will not be liable to you in contract, tort, negligence or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you as a direct, indirect, special or consequential nature arising from such a cancellation.
VISAs for delegates
Delegates from outside the UK may have to obtain visas in order to attend a public training course in the UK. We will endeavour to provide you with reasonable support in order for you to obtain a visa, but the actual issue of a visa is beyond our control and we have no liability to you in respect of the issue of such a visa. We will only issue appropriate invitation letters once you have booked and paid for the course(s) you wish to attend, and our visa invitation letters will only be in respect of such course(s). If your visa is not issued in time for you to travel to the UK to attend your chosen course we will, at your discretion, arrange for you to attend an alternative course at a later date or we will, without deduction, refund any course fees paid. We will not under any circumstances be responsible for travel costs you may have incurred. If your visa is issued in sufficient time for you to attend your course but you do not attend, then our standard cancellation clauses will apply, including your liability to make payment in full.
You are responsible for ensuring that the backgrounds of your delegates are suitable for the training course(s) that they are attending. The Company will not be liable for any refund if delegates decide that the course material is inappropriate for them or where they are unable to participate fully for any reason. In no circumstances will the Company be liable to refund any amount in excess of the agreed and paid price for any training course. This applies in particular (but is not limited) to any travelling, subsistence or consequential expenses of any sort incurred by your delegates.
Copyright and intellectual property
All copyright and other intellectual property rights in or relating to any course materials provided or made available in connection with the course are and remain the sole property of the Company and/or its third-party providers. Course materials may not be used, copied, reproduced, stored in a retrieval system, distributed or transmitted in whole or in part, or in any form or by any means, whether electronically, mechanically or otherwise, or translated into any language, without the prior written permission of the Company and/or its third-party providers.