Last updated: 18 May 2020
Welcome to the Bewica Cyber Services.
Bewica Limited, 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom (“Bewica”, “we”, “us”, “our”), provides cyber security services and offers cyber security tools (together “Bewica Cyber Services”) via the domain bewica.com, including sub-domains. This includes among other the Bewica client portal as well as the Bewica partner portal.
These terms and conditions, together with any other policies referred to within, tell you the terms on which you may use the Bewica Cyber Services. By using the Bewica Cyber Services, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use the Bewica Cyber Services.
Our services and tools are generally provided to businesses, schools, charities and sole traders (together herein “Organisations”). Select modules may be available to employees or other interested parties including consumers. Unless the respective service or tool explicitly mentions use by staff, consumer or other party, only Organisations are permitted to sign-up and use our services and tools.
The Bewica Cyber Services include both free and paid-for services. Unless explicitly stated otherwise, these terms and conditions apply to both.
If you buy a product or service via the Bewica Cyber Services, for instance from within the Bewica client portal, the terms of each product or service will apply separately.
The Bewica Cyber Services include both free and paid-for services.
We reserve the right to withdraw or modify free services at any time, without advance notice and without any liability for this.
Paid services require the entering into a contract for which these terms and conditions apply. Bewica is free to refuse the entering into such contract. The contract is only concluded when Bewica either explicitly accepts this (e.g. by email) or, if no such acceptance occurs, with the activation of the user account.
Where Bewica works with partners, the services and prices offered may differ from those available to direct users.
Paid services are priced either in British Pounds or Euros (as applicable) and include value added tax unless otherwise stated.
Payment is due immediately with receipt of the invoice. Bewica reserves the right to adjust prices. In this case, Bewica will notify you at least six weeks in advance of any such change. If you do not accept the price change, you can cancel your contract by giving Bewica notice no less than two weeks before the price change takes effect by sending an email to [email protected].
Bewica can cancel the paid services at any time, unless agreed explicitly otherwise, by providing no less than 14 days’ notice.
Cancellation notice must be given in writing such as per email.
When the cancellation takes effect, or the free service is withdrawn, your data will not be saved nor will you have further access to it. You can back up your data any time beforehand.
Where we withdraw a free service, we will aim to give you advance notice so that you can backup your data beforehand.
We may feature ads for third party products or services on the Bewica Cyber Services.
From time to time, we may need to deploy patches, updates, upgrades, additional content or other modifications to Bewica Cyber Services (for example to enhance how it works, add or remove features, resolve software bugs or to address security concerns).
Such updates and upgrades may result in the Bewica Cyber Services being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the Bewica Cyber Services while we deploy these updates and upgrades.
We will take reasonable measures to minimise the impact of any updates and upgrades on your use of the Bewica Cyber Services, and where possible give you advance notice of any updates and upgrades which may impact your use.
6. We may suspend or withdraw the Bewica Cyber Services
We do not guarantee that the Bewica Cyber Services, or any of its features including your account will always be available or uninterrupted.
We may suspend, withdraw or restrict the availability of all or any part of the free Bewica Cyber Services for business and operational reasons. In particular we may need to withdraw tools for business reasons.
We may suspend, withdraw or discontinue your access to the Bewica Cyber Services, or any part of it, whether free or paid, if we have reasonable grounds to believe you have breached or may breach any provision of these Terms and Conditions.
Upon termination of your rights under these terms, your account and right to access and use the Bewica Cyber Services will terminate immediately. Any termination of your account may involve the deletion of any company content associated with your account from our live databases. We will try to give you reasonable notice of any suspension or withdrawal.
The Bewica Cyber Services are directed to Organisations (and where applicable other interested parties) residing in the United Kingdom and Germany. We do not guarantee that content available on or through the Bewica Cyber Services are appropriate for use or available in other locations.
7.You must provide correct information and keep account details safe
You confirm that all information and details you provide to us are true, accurate and up-to-date. If you choose, or you are provided with, a user identification code, user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
8. You must only act and provide information if you have the right to do so
You may only use the Bewica Cyber Services for lawful purposes.
Where you enter information about an Organisation or any personal data (such as email addresses), you warrant that you have the right to do so. This excludes information about Organisations that is in the public domain (such as company name, website domain of a supplier), unless this is personal data.
Where you register for a service or account with us, you warrant that you have the right to do so on behalf of the respective Organisation or other interested party if applicable.
Where the Bewica Cyber Services allow the contacting and / or inviting to use the Bewica Cyber Services of third parties, including staff of your Organisation (e.g. for cyber staff training), you warrant that this complies with any laws, regulations and contracts.
You will be liable to us and indemnify us for any breach of above warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of these warranties.
To manage the risk of data loss, it is your duty to regulatory back-up your own data.
We may use the information you enter to improve our site and our business, without liability to you.
You also grant us the right to disclose your identity to any third party who is claiming that any information entered or content uploaded by you to the Bewica Cyber Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Bewica Cyber Services if, in our opinion, this is reasonably necessary to protect our business.
9. Your use of the Bewica Cyber Services’ contents
We are the owner (or the license) of all intellectual property rights in the Bewica Cyber Services (including the content on www.bewica.com and its sub-sites). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Except permitted under these terms, you must not extract or screen scrape any data or information from the Bewica Cyber Services, and bots our other automatic services must not be used to interact with the Bewica Cyber Services.
You may print off copies, and may download extracts, of any page(s) from the Bewica Cyber Services for your personal use and you may draw the attention of others within your Organisation to content available. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Bewica Cyber Services must always be acknowledged.
If you print off, copy or download any part of the Bewica Cyber Services in breach of these terms, your right to use the Bewica Cyber Serives will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. Do not rely Bewica Cyber Services content or tools
The content and tools on the Bewica Cyber Services are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content and tools on the Bewica Cyber Services.
Although we make reasonable efforts to update the information on the Bewica Cyber Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our the Bewica Cyber Services is accurate, complete or up to date.
11. We are not responsible for the websites we link to
Where the Bewica Cyber Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
12. Our responsibility for loss or damage suffered by you
Nothing in these terms and conditions excludes or restricts our liability in any situation where it would be unlawful for us to do so including for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
Whilst we hope that the Bewica Cyber Services will help you protect your Organisation, we make no promises that your use of the content and/or tools will prevent cyber incidents and attacks.
We will exercise all reasonable skill and care to ensure that the Bewica Cyber Services are available as per our agreement with you and of high quality.
We will not be liable to you for any losses or damages suffered by you resulting from your use of, or reliance on, the content or tools provided on the Bewica Cyber Services. It is your responsibility to ensure that the use of any content or tool provided by the Bewica Cyber Services are appropriate for you and, where appliable, your Organisation.
We accept no liability for any foreseeable loss in contract, tort (including negligence), or breach of statutory duty, or otherwise arising out of or in connection with the use of the Bewica Cyber Services.
To the fullest extent permissible by law, we accept no loss or damage that is not foreseeable. To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to the Bewica Cyber Sevices or that may result from your use or your Organisations use of the Bewica Cyber Services.
We will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Bewica Cyber Services resulting from external causes including but not limited to the functioning, availability and effectiveness of any third-party applications or contents included in the Bewica Cyber Services.
We are not a party to, and have no liability to you under, or arising out of or in respect of, the products or services you may buy from third parties via the Bewica Cyber Services. You agree not to involve us in any dispute you may have in respect of these.
13. Your confidentiality
Our simulated phishing emails and phishing training imitate third party services. In order for them to be as effective as possible, they will resemble those of third parties. This in note intended nor considered to be an infringement of third-party brand or other rights. These phishing and training emails must only be sent to members of your organization and all users of the Bewica phishing simulator and phishing training are obliged to keep these confidential and to hold us harmless as per below section 14.
14. You are holding us harmless from third party claims
You shall indemnify us from all claims and demands made by any third party against Bewica due to the infringement of their rights by your conduct or that of your agents, in particular due to misuse of the Bewica Cyber Services. This includes in particular the obligation to indemnify Bewica in this respect from claims for injunctive relief and claims for damages and/or reimbursement of expenses of third parties as well as from all costs of legal action.
In the event of any such claim by a third party, you will provide us immediately with all information required to defend Bewica.
15. With your permission, we may share data with third parties
If a third party (such as a firm introducing you to us) explicitly requests this and you agree with this (for instance by opting-in during the sign-up), we will share your security data with that third party. You can revoke this permission at any time by sending us an email to [email protected].
To develop our services, it is helpful to us if you permit our partners to share your cyber risk data with us.
16. We are not responsible for viruses and you must not introduce them
While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Bewica Cyber Services, we cannot guarantee that there will not be any. You are solely responsible for securing and backing up your content.
You are responsible for configuring your information technology, computer programmes and platform to access the Bewica Cyber Services. You should use your own virus protection software.
You must not misuse the Bewica Cyber Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Bewica Cyber Serivces, the server on which the Bewica Cyber Services are stored or any server, computer or database connected to the Bewica Cyber Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. In the event of such a breach, your right to use the Bewica Cyber Services will cease immediately.
17. Rules about linking to the Bewica Cyber Services
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any website that is not owned by you.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
No part of Bewica Cyber Services may be framed on any other site, nor may you create a link to any part of the Bewica Cyber Serivces other than the homepage.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on the Bewica Cyber Services other than that set out above, please contact us at [email protected].
18. We may make changes to these terms and conditions
From time to time, we may revise these terms and conditions. The most current version will always be posted on our homepage (www.bewica.com).
By continuing to use the Bewica Cyber Services, you confirm that you accept those revisions. If you do not agree to the revisions, you must stop using the Bewica Cyber Services.
19. If any clause is ineffective
If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
For any part disallowed or found to be ineffective, the law will apply. The same holds true should there be any gaps found in these terms and conditions.
If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
20. Which country’s laws apply to any disputes?
These terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We will do our best to resolve any disputes over these terms and conditions. If you wish to take court proceedings against us, you agree to the exclusive jurisdiction of the courts of England and Wales.
21. Contact us for any questions
If you have any questions, comments or concerns, about these terms and conditions or the Bewica Cyber Services, you can contact us at any time by email via [email protected] We will get back to you as soon as possible.