vendor independent information security specialists

“Thank you for all you help and encouragement.  We wouldn't have made such swift progress to certification without your support.”

Information Security Manager, Building Society

“Thank you for the fantastic response to our emergency this morning . . . to have an engineer out within two hours is quite astonishing!”

Business Support Manager, Legal Practice

“ECSC were by far the best company. . . worth every penny”

IT Manager, Debt Recovery Agency

“We were trying you out 'blind' against another company, we found your work and report of the most value, and would like to congratulate XX on a job well done.”

Information Security Officer, University

“What impressed the management team was your ability to translate very technical issues into a language understandable by non experts and explain the associated risks”

CTO, Financial Trading Systems

“I have been using ECSC for 7 years now and not had any issues in that time, perfect service”

Microsoft Operations Manager, Systems Integrators

“We asked ECSC to help and now have a managed solution. . . we are now happy to talk about security with our clients and recommend ECSC”

Director, Database Marketing

“Don't be fooled by the lack of content on their web site, they are very discreet about what they do. . . extremely professional”

Group Information Systems Officer, Security Services

“I just wanted to say thank you, to both of you, for the professional standard of your work last week”

IT Manager, Secure Printer

“I would highly recommend ECSC for your company's network review. . . were by far the best company”

IT Manager, Credit Management Agency

“Try the company we have been using as our security consultants. . . not only helped us with the content but actually performed the training for us”

CTO, IT Security Services

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CONDITIONS OF SERVICE
  • Interpretation
    • In these Conditions:
      • "ADDITIONAL CHARGES" means the additional charges for the Technical Support as detailed in the Specification
      • "CLIENT" means the person named on the Specification for whom the Supplier has agreed to provide the Specified Services and where appropriate Technical Support in accordance with these Conditions
      • "CONTRACT" means the contract for the provision of the Specified Services
      • "DELIVERY DATE" means the date upon which the Supplier delivers the Specified Services and, where appropriate, Hardware, to the Site
      • "DOCUMENT" includes, in addition to a document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying any other data
      • "HARDWARE" means any computer hardware that is ordered and supplied in accordance with the Specification
      • "INPUT MATERIAL" means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Services
      • "MANUFACTURER" means the supplier of any Hardware and support for Hardware as detailed on the Specification
      • "OUTPUT MATERIAL" means any Documents or other materials, and any data or other information provided by the Supplier relating to the Specified Services
      • "SITE" means the Client's offices as detailed on the Specification
      • "SPECIFICATION" means the sheet to which these Conditions are appended
      • "SPECIFIED SERVICES" means the services to be provided by the Supplier for the Client as detailed in the Specification
      • "SUPPLIER" means ECSC Limited (registered in England and Wales under number 3964848) of 1 Valley Court, Canal Road, Bradford, BD1 4SP
      • "TECHNICAL SUPPORT" means the provision by the Supplier of technical support to the Client as detailed in the Specification and clause 4.
    • The headings in these Conditions are for convenience only and shall not affect their interpretation.
  • Hardware [Where applicable]
    • The Client will be obliged to make payment for any requested Hardware on such terms as the Manufacturer may require.
    • The Supplier reserves the right, by giving notice to the Client at any time before delivery, to increase the price of the Hardware to reflect any increase in the cost of any Hardware to the Supplier which is due to any factor beyond the contrul of the Supplier (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Hardware which is requested by the Client, or any delay caused by any instructions of the Client or failure of the Client to give the Supplier adequate information or instructions.
    • The Hardware will be ordered in the name of the Client and as such all the risk and the rights in the contract for the Hardware passes directly to the Client. The Supplier accepts no responsibility for the risk associated with the storage, carriage and delivery of Hardware to the Site.
    • Any dispute or problem with the Hardware or Hardware support should be referred to the Manufacturer directly. The Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or to the suitability of the Manufacturer or otherwise, and shall, where any relevant rights have been acquired by the Supplier, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.
    • The Supplier will if requested arrange for additional Hardware support from the Manufacturer in the name of the Client at the time of ordering the Hardware at the Client's cost.
    • If any problem should arise that in the reasonable opinion of the Supplier is caused by the Hardware, then the Supplier may, after notifying the Client of the problem, at its discretion make Additional Charges in respect of any costs incurred in resolving the problem.
  • Supply of the Specified Services
    • The Supplier shall provide the Specified Services to the Client subject to the Contract and these Conditions. Any changes or additions to the Specified Services or these Conditions must be agreed in writing by both the Supplier and the Client.
    • The Client shall at its own expense supply the Supplier with all necessary Input Material within sufficient time to enable the Supplier to provide the Specified Services in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.
    • The Client shall at its own expense retain duplicate copies of all Input Material and insure against its accidental loss or damage. The Supplier shall have no liability for any such loss or damage, however caused. All Output Material shall be at the sole risk of the Client from the time of delivery to the Client.
    • The Specified Services shall be provided in accordance with the Specification subject to these Conditions. The Supplier shall be entitled to establish and vary technical procedures for the use and provision of the Specified Services and to make operational changes to the Specified Services provided that they have no material adverse effect on the Specified Services.
    • The Supplier reserves the right to correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Services without any liability to the Client.
    • The Supplier may at any time without notifying the Client make any changes to the Specified Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Services.
    • The Supplier will use its reasonable endeavours to supply or procure the Specified Services. The Supplier cannot guarantee continuous uninterrupted availability of the Specified Services especially where the Supplier or any third party must carry out maintenance or repairs or in circumstances beyond its reasonable contrul and the Supplier will not be liable for failure to continuously provide the Specified Services.
  • Technical Support [where applicable]
    • In consideration of the payment by the Client of the Charges to be levied by the Supplier in accordance with the Specification where the Client has opted for Technical Support and subject to these Conditions the Supplier undertakes to provide Technical Support as detailed below.
    • With effect from the Delivery Date and for the period stated in the Specification, the Supplier shall provide in respect of the software cullectively known as the "Support Programs" and listed as such in the Specification, the Technical Support within such Response Time as shall be indicated in clause 4.5.
    • Technical Support shall comprise all or any of the fullowing:
      • upon request by the Client the diagnosis of faults in the Support Programs and the rectification of such faults (remotely or by attendance on Site as determined by the Supplier) by the issue of fixes in respect of the Support Programs and the making of all necessary consequential amendments (if any) to the Support Program documentation;
      • the creation and implementation from time to time at the Supplier's sole discretion of fixes in respect of the Support Programs as agreed between the parties;
      • minor alterations (being modifications to the Support Programs requiring no more than 2 ½ hours' working time per month) save where in the Supplier's reasonable opinion the Client has requested excessive amounts of these Minor Alterations which result in significant revisions to the Support Programs
    • The Client shall, if requested, supply in writing to the Supplier a detailed description of any fault requiring Technical Support and the circumstances in which it arose.
    • The Response Time for Technical Support shall be `business hours` between the hours of 8 am and 6pm, Monday through Friday (excluding Bank Holidays and other English Public Holidays) unless otherwise agreed by the Client and Supplier in writing.
    • The Supplier shall use its reasonable endeavours to respond within four working hours of receipt of request (unless otherwise stated in the Specification) provided that such time shall begin to run from when the Client grants the Supplier access to its central operating system where in the Supplier's reasonable opinion this is required in order to offer the Technical Support.
    • Technical Support shall not include the diagnosis and rectification of any fault resulting from:
      • any repair adjustment alteration or modification of the Support Programs by any person other than the Supplier without the Supplier's prior written consent;
      • any defect or problem with the Client's computer hardware communication networking operating systems and/or individual PC configurations;
    • The Supplier shall at its own discretion upon request by the Client provide Technical Support where the fault results from any of the circumstances described in clause 4.7 above. The Supplier shall in such circumstances be entitled to levy Additional Charges in the manner set out in clause 4.10 below.
    • Without prejudice to clause 4.7 above the Supplier shall be entitled to levy reasonable Additional Charges in the manner set out in clause 4.10 below if Technical Support is provided in circumstances where any reasonably skilled and competent data processing operator would have judged the Client's request to have been unnecessary and that the Client has not used all reasonable endeavours to rectify the problem itself.
    • Additional Charges shall be levied by the Supplier in arrears at the rates which are specified in the Specification and shall be payable by the Client (together with any Value Added Tax thereon) within 30 days of receipt of an invoice.
    • The provision of Technical Support from the Supplier is dependent upon the Client supplying the Client with access to its central operating computer system by way of a modem link or such other communications link as the parties may agree for the sole purpose of providing Technical Support. The Supplier agrees to keep confidential any information it may access through such link.
    • The Supplier shall only accept requests for changes to the security configuration comprising Minor Alterations under clause 4.3.3 in the first instance from the person named on the Specification as the Technical Contact. This provision may be varied or waived in writing as part of the Specification without affecting any other provision in these Conditions.
    • Warranty for Technical Support
      • The Supplier warrants that it will carry out Technical Support with reasonable care and skill
      • The Client shall give notice to the Supplier as soon as it is reasonably able upon becoming aware of a breach of the warranty set out in 4.13.1 above
      • The Supplier shall forthwith upon receipt of a notice in respect of a breach of the warranty set out at clause 4.13.1 above remedy the same by the provision of Technical Support.
      • Without prejudice to the foregoing the Supplier does not warrant that the operation of the Support Programs will be uninterrupted or error free.
      • Subject to the foregoing all conditions warranties terms and undertakings express or implied statutory or otherwise in respect of the implementation of the Technical Support or the performance of the Support Programs are hereby excluded.
  • Charges
    • Subject to any special terms agreed in writing, the Client shall pay the Supplier's charges as noted on the Specification and any additional sums which are agreed between the Supplier and the Client for the provision of the Specified Services, Technical Support or which, in the Supplier's sole discretion, are required as a result of the Client’s instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Client.
    • All charges quoted to the Client for the provision of the software configuration, Specified Services and Technical Support are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
    • The Supplier's charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 30 days of the date of the Supplier's invoice.
    • If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to make charges as set out under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by the Late Payments of Commercial Debts Regulations 2002) as may be respectively amended or re-enacted or as its application is modified by other provisions (whether before or after the date hereof) from time to time, and charge interest on the outstanding amount (both before and after any judgment) at the rate of 8% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full.
    • All invoices sent by the Supplier shall be addressed to the person named on the Specification as the Accounts Contact, whose address shall be taken to be the Site unless the Supplier is otherwise notified by the Client.
    • The Supplier shall be entitled to vary the charges for the provision of Technical Support from time to time by giving not less than four months’ written notice to the Client provided that such notice must expire no earlier than the date for the expiry of the provision of Technical Support set out in the Specification.
  • Rights in Input Material and Output Material [for reporting]
    • Any Input Material or other information provided by the Client which is so designated by the Client and any Output Material shall be kept confidential by the Supplier, and all Output Material or other information provided by the Supplier which is so designated by the Supplier shall be kept confidential by the Client; but the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
    • The Client warrants that any Input Material and its use by the Supplier for the purpose of providing reporting will not infringe the copyright or other intellectual property rights of any third party, and the Client shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any such infringement.
    • The Client covenants to the Supplier that it is the sole owner of the equipment to be accessed by the Supplier. (save for any equipment that is listed in the Specification as being owned by the Supplier)
    • The Client will indemnify the Supplier for any loss, damages, costs, expenses or other claims, howsoever caused through any breach of clause 6.3.
    • The Supplier shall ensure that all employees who have access to Input Material or Output Material will have signed a Confidentiality Form in an agreed format
  • Warranties and Liability
    • The Supplier warrants to the Client that the Specified Services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification and within the times referred to in the Specification and these conditions. Where the Supplier arranges in connection with the provision of the Specified Services any Hardware or Output Material supplied by a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity which may have been given by the person supplying the goods to the Supplier.
    • The Client acknowledges that the Supplier is not guaranteeing that the Client will have a completely secure system as no test, product or service can offer cover for all possible security breaches as with computer systems new risks and weaknesses are discovered on an almost daily basis. The Client acknowledges that the Supplier's services are designed to contribute towards its overall IT security strategy.
    • The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
    • Except in respect of death or personal injury caused by the Supplier's negligence, or as expressly provided in these Conditions, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Services or their use by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the Supplier’s charges for the provision of the Specified Service, except as expressly provided in these Conditions.
    • The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Specified Services and Technical Support, if the delay or failure was due to any cause beyond the Supplier's reasonable contrul.
    • The Supplier shall not be liable for any loss or damage to the Client's computer equipment and systems which is caused by any existing weakness (or defect) in the Client’s equipment and systems that is discovered or initiated by the supply of any services from the Supplier.
  • Termination
    • This Agreement and/or the provision of Technical Support may be terminated
      • forthwith by the Supplier if the Client fails to pay any sum due hereunder within 30 days of the due date therefore;
      • forthwith by any party if the other commits any material breach of any term of this agreement (other than one falling within 8.1.1 above) and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same
      • forthwith by any party if the other shall convene a meeting of its creditors or if a proposal shall be made for a vuluntary arrangement within Part I of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or if a trustee receiver administrator or similar officer is appointed in respect of all or part of the business or assets of the other party or if a petition is presented or a meeting convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction)
    • Any termination of this agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
    • Either party shall be entitled to terminate this Agreement at any time by giving not less than three months' written notice to the other party provided that such notice must expire no earlier than the date for the expiry of the provision of Technical Support set out in the Specification.
  • Force Majeure
    • Neither party to this Agreement shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable contrul including but not limited to fires strikes (of its own or other employees) insurrection or riots embargos container shortages wrecks or delays in transportation inability to obtain supplies and raw materials requirements or regulations of any civil or military authority (an 'Event of Force Majeure')
    • Each of the parties hereto agrees to give notice forthwith to the other upon becoming aware of an Event of Force Majeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure
    • If a default due to an Event of Force Majeure shall continue for more than ten weeks then the party not in default shall be entitled to terminate this Agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of an Event of Force Majeure.
  • General
    • The Client notes that the Support Programs are open-source and are not the exclusive intellectual property of the Supplier.
    • These Conditions (together with the terms, if any, set out in the Specification) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
    • Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
    • No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
    • If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
    • Any dispute arising under or in connection with these Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Law Society.
    • English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
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