Terms & CONDITIONS
This document should be read in conjunction with our Privacy Policy and Security Statement.
If you have any queries concerning the Service or your account, you should contact us by emailing
support@nationalcyberhelpline.com.
The Cyber Helpline (the'Helpline') is a free telephone helpline service provided by Depositit ('we' or 'us') for you ('you', 'your' or 'caller') and the following terms and conditions ('Terms') shall apply to the relationship between you and us.
If you have been provided the Helpline as a benefit of your insurance, additional terms and conditions may apply to your use of the Helpline. These will be set out in your insurance policy documents. Your use of the Helpline may run in parallel with your insurance policy and may be terminated upon the cancellation of your insurance policy.
The Helpline is open to take calls during normal business hours.
1. The Helpline is only available and free to businesses who can demonstrate that they have been provided with access to the Helpline by way of their insurer, broker, regulatory body or other relevant third party that has specifically arranged for its customers or members to have access to the Helpline.
2. The Helpline covers the following areas:
* Risk evaluation including guidance on network and system vulnerability;
* Advice on monitoring and penetration testing solutions;
* Assesment of testing outcomes;
* Suggestion as to options to combat any vulnerabilities highlighted;
* Crisis management and assistance in the event of your systems being compromised.
3. Callers are requested to be prepared with a concise summary of their enquiry. We will, where possible and appropriate, provide initial basic advice relating to your enquiry on any of the areas covered by the Helpline (as noted in point 2 of these Terms) based on what you tell us. If your enquiry relates to other areas, or if there are other circumstances giving us reason not to give you information (for example, the insurance policy relating to the Helpline is cancelled), we are under no obligation to provide any information or advice.
4. When callers first contact the Helpline, they will be put through to our Helpline reception team who will take down your certain including the nature of the enquiry. They will then then arrange for a callback from an appropriate adviser. Advisors may be appointed third party representatives of the Helpline and will call back when we have had the opportunity to consider your enquiry.
5. We may ask you for information to help us with your enquiry. You must give us information we ask for as soon as possible, and tell us if you think it is not complete or accurate. It is also your responsibility to carry out any action that we suggest you should do. We will not be responsible for anything that happens because you have not done something we suggested you to do promptly.
6. Any information or advice provided through the Helpline is given as a guide only and should not be relied upon as a substitute for more considered advice and/or assistance given in the context of a full assesment of your situation and under a signed agreement with us or one of our appointed third party representatives. In an effort to provide considered advice it may be neccesarry to undertake vulnerability or pentration testing of your systems. Where we believe testing is required, we will tell you. Such testing may incur payment.
7. The diagnostic assesment of any testing undertaken will allow us to provide you with considered advice leading to a formal proposal wihch may include options that you may wish to implement in an effort to more fully protect your systems. We or one of our appointed third party representatives will discuss next steps with you so you can decide if you would like us to assist you further. You are under no obligation to use us for any testing or enter into any agreement with us further to our providing you with any proposal.
8.PAYMENT
If payment is required for testing or for any other work or service ('services') reccomended by us this will be made clear. No testing or any other work or service will be carried out prior to either receiving payment in full or your consenting by way of a signed agreemnt to the terms for the provision of these services. You will be responsible for payment for any services that you have requested be carried out
9. You should contact the Helpline personally and not via a third party. Any information given is provided to and for your benefit alone and not for the benefit of family, friends and other third parties. If you are a consultant or professional adviser, the Helpline does not give information for you to pass on to your clients.
10. Excessive use of the Helpline is not permitted and may result in the service being withdrawn for particular callers. We may withdraw the service if, for example, an excessive number of calls are made or a caller is rude or abusive to our staff. We reserve the right to withdraw the Helpline from you or generally at any time without notice.
11. The Data Protection Act 1998 imposes obligations on us as we will obtain and process personal data relating to you. We are required to inform you that personal data we receive about you or from you about other persons may be processed by us in order to provide a service to you.
12. DISCLAIMER OR WARRANTIES
Whilst we agree to use all reasonable endeavours to maintain the Helpline we give no warranties whatsoever in this regard and your sole remedy in the event that we do not maintain a reasonable service shall be to cease use of the Helpline.
Except as set out expressly in these Terms, we do not make or give any condition, warranty or representation, whether express or implied, arising by statute, common law or otherwise, including but not limited to any implied Terms, warranties or conditions of completeness, accuracy, satisfactory quality, merchantable quality or fitness for a particular purpose or the exercise of reasonable skill and care in relation to the Service, hereunder and all such conditions, warranties or Terms are hereby expressly excluded.
13. LIMITATION OF LIABILITY
Your sole right and exclusive remedy and our exclusive liability in the event of any breach of the Terms, or if you are dissatisfied for any reason with the Helpline or any guidelines or policies, is to cease use of the Helpline and to recover your direct damages up to a maximum of the amount you have paid for any service provided by the Helpline not covered by any seperate signed agreement with us or one of our appointed third parties during the period from the date of commencement of the Term to the date of termination.
This includes any third party services such as the 'Phone Redirect' or other services whereby we have acted in good faith as an introducer between you and the independent companies providing these services - if these companies are unable to provide the services for whatsoever reason our exclusive liability to you is to recover a pro rata apportionment of any funds already paid to us for the relevant service of issue.
We shall not have any other liability whatsoever to you and shall not be liable for any misrepresentation (save where fraudulent) or be liable in contract tort or otherwise for any indirect or consequential loss, loss of revenue, loss of profits, loss of business or goodwill, loss or damage due to corruption of data, loss of opportunity, howsoever caused, which arises out of or in relation to these Terms and/or the provision of the Service.
Nothing in the Terms shall exclude or limit either party's liability for death or personal injury arising from its negligence or that of its servants, agents or employees.
14. INDEMNITY
You agree to defend, indemnify and hold us, our affiliates, contractors, service providers, employees, agents harmless, from and against any and all liabilities, cost and expenses, including reasonable attorneys' fees related to or arising from, any breach by you of the Terms, failure by you to perform your obligations, your use of the Service.
15. GENERAL
These Terms constitute the entire agreement between you and us, superseding any prior oral or other agreements about the Helpline.
Your use of the Helpline after the effective date of a change of the Terms constitutes your continued acceptance of the Terms and service, as amended.
If any provision of these Terms is determined to be invalid, all other provisions remain in force
Failure or delay by either party in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any of its rights under these Terms
Any waiver by either party of any breach of, or any default under, any provision of these Terms by the other shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of these Terms.
These Terms are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.
You should send all written notices relating to the Helpline to: The National Cyber Helpline, 78 York Street, London W1H 1DP, United Kingdom.
GOVERNING LAW
These Terms will be governed by English Law and disputes relating to them will be submitted to the exclusive jurisdiction of the English courts.