Cyber Essentials Subscription
Terms & Conditions.

Digital Planning Limited – Cyber Essentials Subscription Terms and Conditions

These Terms and Conditions (“Terms”) apply to the provision of Cyber Essentials and Cyber Essentials Plus subscription services by Digital Planning Limited (“Digital Planning”, “we”, “us”) to business customers (“Customer”, “you”). By subscribing to our services via our website or accepting a proposal sent to you by Digital Planning, you confirm that you are acting in a business capacity and agree to be bound by these Terms.

1. DEFINITIONS

• Agreement: The contract formed by your acceptance of these Terms and your selected service plan.
• Subscription Term: The 12-month duration of your subscription, including any auto-renewed terms.
• Services: Cyber Essentials or Cyber Essentials Plus certification facilitation, security support, onboarding, monitoring, and any optional add-ons such as patch management.
• Order: The specific plan and tier you or we select for your subscription.
• Certification Body: An IASME-accredited third-party that conducts the certification process.

2. SERVICE DESCRIPTION
We facilitate certification by a third-party Certification Body and provide:

• Onboarding support and guidance
• Ongoing compliance monitoring
• Access to cybersecurity advice
• Optional patch management (at additional cost)

All services are for UK business customers only. Certification is delivered upfront. Support is provided throughout the Subscription Term.

3. SUBSCRIPTION TERM, AUTO-RENEWAL & UPGRADES

• Initial term: 12 months from your start date.
• Auto-renewal: Subscriptions renew automatically unless cancelled at least 30 days before renewal.
• You may upgrade your service at any time (e.g. add patch management or increase user count).
• Downgrades can only take effect at the end of the current Subscription Term.

4. FEES & PAYMENT

• Fees are based on your selected tier and user count.
• Payment is due monthly by card or direct debit, via Stripe or an authorised provider.
• Annual or upfront payment options may be available.
• Early termination requires payment of all remaining fees for the term.
• All prices are exclusive of VAT.

5. EARLY TERMINATION
If you terminate before the end of the 12-month term:

• No refunds will be given for prepaid amounts.
• You will be liable for the remaining balance of your subscription term.
• We may waive part of the fee at our discretion but are not obligated to.

6. CUSTOMER RESPONSIBILITIES
You agree to:

• Follow our onboarding and compliance guidance
• Provide accurate information and access where needed
• Cooperate with the certification process
• Maintain your own backups
• Not use the service unlawfully or unethically

7. SECURITY & INCIDENT RESPONSE

• We follow best practices and conduct internal security testing.
• We hold both professional indemnity and cyber liability insurance.
• We commit to applying reasonable skill and care in providing the service.
• In the event of a data breach, we will notify you within 72 hours of becoming aware.

8. DATA PROTECTION

• Our processing of personal data complies with UK GDPR.
• You are the data controller; we act as your processor.
• Our Privacy Policy applies and is incorporated into these Terms.
• You authorise us to use subprocessors under appropriate safeguards.
• We provide data access/export within 30 days of termination.

9. THIRD-PARTY DEPENDENCIES

• Certification is conducted by an independent third-party body.
• We are not liable for delays or failures caused by third-party providers but will assist in resolving them where possible.

10. INTELLECTUAL PROPERTY

• All IP in our documentation, platforms, and tooling remains ours.
• You receive a non-transferable licence to use these during your subscription.
• Customer data remains yours.

11. LIMITATION OF LIABILITY

• We do not exclude liability for death or personal injury caused by our negligence, or for fraud.
• Our total liability is capped at the fees paid in the 12 months preceding the claim.
• We are not liable for:
  • Indirect or consequential loss
  • Loss of data, revenue, business, or profit
  • Failures caused by customer actions, omissions, or third-party systems

12. FORCE MAJEURE

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, internet outages, cyberattacks, or government restrictions.

13. GOVERNING LAW & DISPUTE RESOLUTION

• These Terms are governed by the laws of England and Wales.
• The courts of England and Wales have exclusive jurisdiction.
• We aim to resolve disputes amicably in the first instance.

14. ASSIGNMENT

• You may not assign your subscription or rights without our written consent.
• We may assign the agreement to an affiliate or acquirer with notice.

15. SEVERABILITY
If any part of these Terms is found unenforceable, the rest remains in full force.
16. WAIVER
A failure or delay in enforcing a right under this agreement is not a waiver of that right.
17. NOTICES
All legal notices should be sent to: 📧 hello@digitalplanning.tech 📮 Digital Planning Limited, Park House, 37 Clarence Street, Leicester, LE1 3RW
18. THIRD PARTY RIGHTS
No third party may enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999. Questions? Please contact us at hello@digitalplanning.tech for further support or clarification.