General terms and Conditions
Right to use the Services; Trademark License; Ownership Rights
Client consents to CyberLynx and its affiliates using its name and logo to identify Client as a customer of CyberLynx Security Ltd. Any use shall be subject to compliance with guidelines that Client may deliver to CyberLynx from time-to-time regarding the use of its name and logo. This consent terminates upon termination of the Services.
Protection of Information
Services, general commercial terms
Services are as stipulated in a Proposal or in an Ordering Form.
Unless specified otherwise:
Proposals and Ordering Forms take into account travel and living expenses for the relevant sites as defined in the Proposal in writing. Beyond that defined scope, all other travel and living expenses are not included and if required, Customer will reimburse CyberLynx for all travel and associated living costs for the personnel who are providing services locally.
·Proposals are based on assumptions made by CyberLynx relating to the needs described by the customer. CyberLynx reserves the right to amend Proposal in the event of changes to specifications or other requirements relating to the proposed project that may be discovered by CyberLynx or requested by the customer.
Costs provided in this Proposals represent the net amounts to be received by CyberLynx and do not include any current or future customs duties or taxes, including, but not limited to, sales tax, withholding taxes, VAT and any other taxes which may apply and must be paid by the customer.
Client agrees to indemnify, defend and hold harmless CyberLynx, its officers, directors, employees, stockholders, affiliates, agents and suppliers, from and against any and all third party claims and the related damages, losses or expenses, including but not limited to attorneys' fees and costs, arising out of or in any way connected with Client’s Content, data, or websites, including without limitation any claims relating to the accessibility of Client’s website and any collection, use, or export of personal information or other data.
Without limiting the foregoing, the Services are not available where they are illegal to use, and CyberLynx reserves the right to refuse and/or cancel services to anyone at its own discretion if it believes that they are being used in violation of an applicable law or if instructed to do so by any legal authority.
CYBERLYNX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES , WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY EXPRESSED OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CYBERLYNX MAKES NO WARRANTY THAT:
THE SERVICES WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS;
THE SERVICES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO BREACH OF THE SERVICES’ SECURITY MEASURES.
Limitation of liability
IN NO EVENT SHALL CYBERLYNX, VENDORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT OR UNDER ANY THEORY OF LIABILITY EVEN IF CYBERLYNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AND AGGREGATE LIABILITY OF CYBERLYNX, VENDORS AND THEIR AFFILIATES AND SUPPLIERS TO CLIENT OR ANY THIRD PARTY SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
CLIENT ACKNOWLEDGES AND AGREES THAT CYBERLYNX AND VENDOR HAVE OFFERED THE SERVICES AND SET THEIR PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN CLIENT, VENDOR AND CYBERLYNX. CYBERLYNX WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Without granting any right or license, CyberLynx agrees that the foregoing shall not apply with respect to any information that Client can document (i) is or becomes (through no improper action or inaction by Client or any affiliate, agent, consultant or employee of Client) generally available to the public, or (ii) was in its possession or known by it without restriction prior to receipt from CyberLynx. Client may make disclosures required by law or court order provided Client uses diligent reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and allows CyberLynx to participate in the proceeding.
Notices shall be sent by Client by email to firstname.lastname@example.org and by CyberLynx by posting a notice on Client’s account page or by sending an email to the Client email address. Each party may update its contact information by providing such a notice. Notice will be deemed given twenty-four hours after posting or after an email is sent to the most recent address provided by the other party.