Terms and Conditions | Phion Security

Welcome to Phion Security ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website (phionsecurity.com) and the provision of our IT, cybersecurity, and physical security services (collectively, the "Services").

1. Agreement to Terms

By engaging our Services, you agree to be bound by these Terms. If you do not agree, strictly do not use our Services. These terms apply to all visitors, users, and others who wish to access or use the Service.

2. Definitions

"Client" or "You": The individual or business entity receiving the Services.
"Consumer": An individual acting for purposes wholly or mainly outside that individual’s trade, business, craft, or profession.
"Business Client": A client acting for purposes relating to their trade, business, craft, or profession.
"Equipment": Hardware such as CCTV cameras, NVRs, servers, or networking gear supplied by us.

3. Service Disclaimers

We will provide Services with reasonable skill and care, consistent with current industry standards in the UK. However, due to the nature of technology and cybersecurity:

No Guarantee of Immunity: We do not guarantee that your systems will be 100% immune from cyberattacks, viruses, malware, or unauthorized access. Security is an ongoing process, not a guaranteed state.
Third-Party Dependencies: We are not liable for failures caused by third-party service providers (e.g., ISP outages, cloud provider downtime, or hardware manufacturer defects).

4. Specific Service Terms

A. Cybersecurity & Penetration Testing

If you hire us for penetration testing, you warrant that you own the systems being tested or have explicit written permission from the owner. You indemnify us against any legal action arising from your lack of authority. You acknowledge that security testing may inherently cause system instability.

B. Managed IT & Support

Response times (SLAs) are targets, not guarantees, unless explicitly defined in a separate Service Level Agreement. Unless explicitly stated in a "Managed Backup" Statement of Work, Phion Security accepts no liability for data loss. The Client retains sole responsibility for data redundancy.

C. Domestic Services (Repairs)

While we take every precaution, hardware repair carries a risk of data loss. You are responsible for backing up your data before handing devices to us. We will attempt to contact you at least twice regarding completed repairs; unclaimed goods left for more than 90 days after notification may be disposed of to recover costs in accordance with the Civic Government (Scotland) Act 1982.

D. CCTV & Physical Security

You are solely responsible for ensuring your CCTV installation complies with local planning laws and privacy regulations (including GDPR and ICO registration regarding public spaces). Title to Equipment remains with Phion Security until full payment is received.

5. Fees and Payment

Invoices are due within the timeframe specified on your invoice (typically 14 or 30 days). If no date is specified, payment is due within 30 days of the invoice date. We reserve the right to charge interest on overdue amounts at the rate of 8% above the Bank of England base rate, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. We reserve the right to suspend Services immediately if payment is overdue.

6. Limitation of Liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

For Business Clients

Subject to the above, our total aggregate liability is limited to the total amount paid by you to us in the 12 months preceding the claim. We are strictly not liable for loss of profits, business, revenue, goodwill, or data unless caused by our proven willful misconduct.

For Consumers

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

7. Termination and Cancellation

Managed Services: Either party may terminate a Managed IT or ongoing support contract by providing 30 days' written notice to the other party.

Fixed Projects: Cancellation of fixed-price projects (e.g., installation or audits) within 48 hours of the scheduled start date may incur a cancellation fee to cover costs already incurred.

Consumer Right to Cancel: If you are a Consumer purchasing services online or by phone, you have a statutory right to cancel within 14 days of the contract start date without giving a reason. If you requested services to start immediately, you may be liable for the value of services provided up to the point of cancellation.

Termination for Cause: Either party may terminate the agreement immediately if the other party commits a material breach of these Terms which is not remedied within 14 days of written notice. Upon termination, all outstanding invoices become immediately due and payable.

8. Data Protection (GDPR)

We process personal data in accordance with our Privacy Policy. For Business Clients using Managed Services, Phion Security acts as the Data Processor and you are the Data Controller. You warrant that you have the legal basis to share data with us. For Business Clients, our separate Data Processing Agreement (DPA) applies and is incorporated into these terms by reference.

9. General Provisions

Force Majeure: We shall not be liable for any delay or failure to perform our obligations due to events beyond our reasonable control (e.g., natural disasters, internet infrastructure failure, strikes).
Severability: If any provision of these Terms is found to be unenforceable, the remainder of the Terms shall remain in full force and effect.
Changes to Terms: We reserve the right to modify these terms. Continued use of the Services constitutes acceptance of modified terms.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

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