Terms and conditions

  1. General provisions

    1. Access to the service is granted to the ordering party after signing the contract in accordance with the provisions of clause 10.
    2. Aspects related to the privacy policy are specified in the document available at the following link: https://okkoala.com/cookies-and-privacy-policy.
    3. The subject of this Agreement is to perform by the Contractor an IT security audit consisting in testing the resistance of the Customer's company e-mails to phishing attacks carried out by the Contractor and the performance of online training.
    4. Necessary data for the audit / training are provided by the Principal through the client's panel.
    5. The Contractor's accession to the Agreement shall take place after the Agreement is signed.
    6. The IT security audit shall be performed on the date agreed by the Parties by electronic means, through the customer's panel, but not later than twelve months from the date of signing the Agreement.
    7. Trainings purchased by the Principal shall supply its pool of available trainings to be performed and they shall be possible to be completed within twelve months of purchase, by ordering an audit in the Customer's panel.
  2. Scope of the audit

    1. The scope and subject matter of the IT security audit shall include:

      • Assessment of the potential threat to the company by phishing attacks through emails,
      • Examination of employees' susceptibility to the above mentioned form of attack, their awareness and foresight related to the security of Internet correspondence,
      • Educate workers in relation to the form of risk being investigated and increase their knowledge of safety,
      • Identify measures and possible actions in the field of IT security,
      • Indication of the directions of the company's security policy and the strategy of its implementation.
    2. The detailed scope of the IT security audit shall be specified by the Contracting Authority by means of a user panel made available on the Contractor's website.
  3. Statements and obligations of the Contractor

    1. The Contractor undertakes to perform the Contract with due diligence and professionalism resulting from the professional nature of the business.
    2. The Contractor shall conduct an IT security audit in close cooperation with the Principal.
    3. The Contractor undertakes that the works, materials and information performed as part of the IT security audit and the software used by it do not violate the rights of third parties, in particular copyrights and related rights.
    4. The Contractor declares that during the audit the analysis of the Customer's devices does not change their configuration and does not affect their functioning.
    5. Accidental failures that may occur in connection with the performance of this Agreement shall not give rise to any liability on the part of the Contractor.
    6. Unless necessary, the Principal shall not provide the Contractor with access passwords.
    7. In the event of failure of the Commissioning Party's equipment resulting from an IT security audit, the Contractor shall not be liable for it.
    8. The Contractor declares that the data collected by the auditing software are sent via an encrypted protocol to the Contractor's server. After completion of the audit, the data collected are permanently deleted by the Contractor.
    9. The Contractor reserves the right to examine samples of training messages created by the Principal to avoid infringement of intellectual property rights of third parties at any time. At the same time, the Contractor has the right to cancel the audit submitted by the Principal, if it finds that the used message templates infringe the property rights of third parties and the Principal does not provide documents that state otherwise.
  4. Obligations and declarations of the Principal

    1. The Principal undertakes to immediately transmit in person or through a designated employee, within no more than 3 working days, the information requested by the Contractor necessary to perform the Agreement, including the list of the Principal's company e-mails subject to IT security audit. The Commissioning Party hereby declares that it has the right to dispose of the information referred to in the previous sentence and authorizes the Contractor to use such information in order to perform the Agreement.
    2. Failure to submit the aforementioned information may result in failure to perform the audit to the extent covered by the lack of information.
    3. In the event of obstacles on the part of the Principal in performing the subject of the Agreement, the Principal shall inform the Contractor about this immediately in writing or via e-mail to the address indicated in the Agreement. The period of time impediment in the performance of the Agreement arising on the part of the Commissioning Party causes the postponement of the deadline for the performance of the Agreement by the number of days during which the Contractor, through no fault of his own, could not perform the Agreement.
    4. The Commissioning Party agrees to perform activities by the Contractor in the scope covered by the audit, including granting the Contractor permission to process the data collected during the audit.
    5. The Principal declares that in the event of a failure of computer hardware or software during the audit, the Contractor shall not be held liable for any such failure unless the failure was caused by the following actions Contractors.
    6. By creating his own training e-mail templates, the Principal declares that he has the rights to all multimedia materials, trademarks, logotypes etc. used by him and uses them in accordance with copyright law.
  5. Confidentiality

    1. The Parties undertake to keep secret all information received directly or indirectly during the audit and after its completion, unless such information constitutes public information (protection of confidentiality obtained during the audit), in particular it concerns templates used by the Contractor during the audit.
  6. Termination of the Agreement

    1. In the event of an obstacle on the part of the Principal exceeding 30 days in the performance of the Agreement, the Contractor shall be entitled to withdraw from the Agreement without setting an additional deadline, while retaining the right to remuneration in the full amount.
    2. In the event of withdrawal from the Agreement, the Contractor shall provide a partial report on the scope of the audit conducted until the date of withdrawal from the Agreement within 14 days from the date of withdrawal from the Agreement.
    3. The Principal shall have the right to withdraw from the Agreement in the event of delay exceeding 30 days, after having previously called upon the Contractor to perform the subject of the Agreement in the following manner the time limit it sets itself, not shorter than 7 days under pain of withdrawal.
  7. Force majeure

    1. During the period of force majeure, the parties to the Agreement shall be released from any liability for non-performance of the Agreement if the circumstances of force majeure constitute an obstacle to the performance of the Agreement.
    2. Force majeure shall be understood as an external event which could not have been foreseen and prevented, in particular flooding, burglary, long-term loss of electricity caused by the failure of the energy supplier, damage to computer equipment.
    3. A party is entitled to invoke force majeure only if it informs the other party immediately, no later than on the day following the day on which the event preventing the performance of the contract occurred. Contracts.
  8. Final provisions

    1. The parties agree to conclude an agreement in the form of a document with the use of software to accept the content of documents. Therefore, in order to conclude the agreement, the parties shall indicate the e-mail addresses of the representatives authorized to represent them, using personal addresses maintained in company domains, the agreement shall be concluded in a documentary form.
    2. The Parties agree that declarations of will concerning the conclusion of an agreement made with the use of software to accept the content of documents shall be disclosed on the confirmation of the conclusion of the agreement in the form of appropriate records containing data describing the circumstances in which the declaration of will was made on the last image card of the document, in the content of an electronic document or in an electronic attachment to the Agreement document.
    3. The Agreement is effectively concluded at the moment of submission of a declaration of its acceptance in a documentary form by the last of the parties to the activities.
    4. The Parties agree that the form of contact binding for the performance of the Agreement is written contact (to the addresses given in the Agreement) and contact through e-mail.
    5. Any amendments to the provisions of the Agreement must be made in writing otherwise they shall be null and void.
    6. In matters not regulated by this Agreement, the provisions of the Civil Code shall apply.
    7. Any disputes that may arise in connection with the performance of this Agreement, the parties shall first submit to mediation. In case of lack of agreement, the competent court for the settlement of disputes shall be the Court competent according to the registered office of the Contractor.
    8. The Agreement has been drawn up in three identical copies for the purpose; two copies for the Principal and one copy for the Contractor.
    9. The appendices constitute an integral part of the Agreement.