This document is a draft

It has not been reviewed by a qualified legal adviser. It is published so that it can be read and commented on before it takes effect, and it should not be relied on in its current form.

Corrections and comments: legal@cmsinfosec.com

These conditions apply if you subscribe to a paid Business or Business Plus plan on Cyber Made Simple.

They sit alongside the terms of use, which govern the platform, and the privacy policy. Where these conditions and the terms of use disagree about subscriptions, payment or cancellation, these conditions win.

There is a free tier, and it stays free. You do not need a subscription to use the bad-day calculator, the risk self-assessment, breach exposure checks or the AI security assistant.

Who you are contracting with

CMS InfoSec Ltd, registered in England & Wales. Contact: support@cmsinfosec.com.

The contract

Your subscription begins when we confirm it after your first successful payment. It continues for the billing period you chose and renews as described below.

Plans, seats and fair use

Plans are sold per organisation, with a number of user seats. A seat is a named person, not a concurrent login, and seats are not to be shared between people.

You can add seats at any time; they are charged pro rata for the remainder of the current period and in full from the next renewal. Reductions take effect at the next renewal.

Where a plan sets an allowance for checks, watched addresses, watched domains, generated documents or practice phishing emails, that allowance is stated in the product and applies per billing period. If you exceed one, we will tell you and discuss the right plan rather than silently cutting you off.

Price, VAT and payment

Prices are those published on cybermadesimple.co.uk at the time you subscribe, exclusive of VAT unless stated otherwise. VAT is added at the prevailing rate where it applies.

Payment is by card through our payment processor, taken in advance at the start of each billing period. You confirm you are authorised to use the payment method you give us.

We never see or store your full card details. They go to a regulated payment processor, which is also where your invoices and payment history live, reachable from the billing area of your account.

Renewal

Subscriptions renew automatically at the end of each period, at the then-current price, until cancelled.

If we increase the price, we will give you at least 30 days’ notice before it takes effect, and you may cancel before your next renewal rather than accept it.

Cancelling

Cancel at any time from the billing area of your account, or by writing to support@cmsinfosec.com.

Cancellation stops the next renewal. Your plan keeps working until the end of the period you have already paid for, and we do not refund the unused part of a period you chose to leave early, except where the law requires it or where these conditions say otherwise.

Your 14-day cancellation right

If you are a consumer, meaning you are not buying for a business, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you 14 days from the start of the contract to cancel and get a refund.

If you asked us to start the service immediately and acknowledged that you would lose the right to cancel by doing so, that right ends once we begin supplying it. Where you cancel within the 14 days having started the service, we may deduct a proportionate amount for what you used.

This right does not apply to business customers, who are most subscribers to a Business or Business Plus plan.

Refunds

Outside the cancellation right above, subscriptions are non-refundable.

We will refund where the service was materially unavailable or materially failed to work as described for a sustained period, and we could not put it right in a reasonable time. Write to support@cmsinfosec.com and tell us what happened.

Your rights under the Consumer Rights Act 2015 apply whatever this section says. Those rights are that digital content must be of satisfactory quality, fit for its purpose, and as described.

Free trials and promotions

Where a free trial or discount is offered, its terms are shown before you start it. A trial converts to a paid subscription automatically unless you cancel before it ends, and we will remind you before that happens. One trial per organisation. Introductory pricing applies for the stated period and then moves to the standard price at renewal.

Late or failed payment

If a payment fails, we will retry and tell you. If it stays unpaid for 14 days, we may suspend access to paid features; your account and your data stay in place, and the free tier keeps working.

If it stays unpaid for 30 days, we may end the subscription. For business customers we may charge statutory interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.

Changes to plans and features

We develop the product continuously and add and improve features. If a change materially reduces what your paid plan includes, we will tell you at least 30 days beforehand, and you may cancel and receive a pro rata refund of the unused part of your current period.

If we withdraw a paid plan entirely, we will give at least 60 days’ notice and refund the unused portion pro rata.

Your data when a subscription ends

Ending a subscription does not delete your account. Paid features stop; the free tier continues.

Export what you need before you cancel. Documents, evidence and reports generated under a paid plan are yours to keep, but the tools that produce and display them are part of the paid plan and stop being available when it does.

If you close the account altogether, the retention and deletion timetable in the privacy policy applies.

Data protection

Sometimes we handle personal data on your behalf rather than our own, for example the staff details you enter for training or practice phishing. We do so under the terms of a data processing agreement. Ask privacy@cmsinfosec.com for a copy.

For everything else, we act as controller, as set out in the privacy policy.

Liability

The liability provisions in the terms of use apply to your subscription, including the cap tied to fees paid in the preceding twelve months and the point that we are not liable for losses caused by a cyber attack, breach or fraud against you.

Nothing here limits liability that cannot lawfully be limited, and nothing here affects a consumer’s statutory rights.

Complaints

Write to support@cmsinfosec.com. We will acknowledge within five working days and aim to resolve within 20 working days.

Assignment and whole agreement

You may not transfer your subscription to anyone else without our written consent, which we will not unreasonably withhold. We may assign these conditions to a successor to our business.

These conditions, the terms of use, the privacy policy and the plan description in the product are the whole agreement between us on this subject. If you are a business customer, you confirm you are not relying on any statement not set out in them.

Governing law

These conditions are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in your own jurisdiction, and your home nation’s mandatory consumer protection law continues to apply.