BACKGROUND
National Cybersecurity Alliance provides training programs to assist individuals and businesses to improve their cybersecurity protection. The Participant indicated above wishes to participate in the Cyber Secure My Business™ Program (the “Program”).
The parties agree that the relationship between them shall be as set forth in this Agreement.
IT IS AGREED as follows:
The Services
NCA has agreed to provide training to Participant according to the terms of this Agreement. Participant will be a member of a cohort of approximately 30 individuals from small businesses (defined as under 1,000 employees) who will be participating in the Program together (collectively, the “Cohort”). NCA will provide the trainer and all training materials for the Program. There are no prerequisites required of Participant to participate in the Program.
The Program will consist of a series of six (6) weekly one-hour online training sessions consisting of live training with live interaction between Participant, other members of the Cohort, and the trainer. Each session will be recorded and distributed to the Cohort. Additional communications between Participant, other members of the Cohort, and the trainer may occur from time to time, the exact content, frequency, and duration of which will be as agreed between the Participant, other members of the Cohort, and the trainer. Upon completion of the Program, Participant will receive a certificate confirming successful completion of the Program.
NCA shall not at any time be obliged to provide or continue to provide any additional training to Participant and Participant shall not at any time be obliged to request or receive additional training from NCA.
The existence of this Agreement shall not prevent NCA and Participant entering into a new and separate agreement whereby NCA provides additional training or other services to Participant either for free or on a fee-paying basis.
Participant’s Obligations
Participant agrees to be a part of the Cohort and to actively participate in the weekly sessions. Participant will review all Program materials provided by NCA.
Participant may enroll in a subsequent cohort if Participant is unable to complete the Program with the original Cohort.
While NCA will be seeking corporate sponsors to offset the cost of the Program, Participant must pay a deposit fee of $500 (the “Fee”) to participate in the Program. The Fee will be returned to Participant upon successful completion of the Program.
If Participant misses more than two sessions and more than two worksheet assignments, Participant is considered ineligible to complete the Program. The Fee will be retained by NCA should Participant fail to complete the Program.
Liability
Participant shall not at any time be obliged to act on any information, suggestion, advice, or guidance given by NCA or the trainer as part of the Program or otherwise, but if and to the extent that Participant does so, Participant shall do so at Participant’s own risk. Participant hereby unconditionally and irrevocably waives any rights of action Participant may have as against NCA, the trainer, or NCA’s sponsors or others who promote the Program in relation to any such information, suggestions, advice, or guidance.
Participant acknowledges that cybersecurity is ever evolving and that the materials and other educational information provided by NCA and the trainer as part of the Program may easily become outdated as new cyber threats are developed and deployed. Neither NCA nor the trainer will be liable to Participant or to any third party for any loss, damage, costs, or liabilities suffered as a result of this Agreement, the existence of the relationships between the parties, or the training provided as part of the Program.
Term
This agreement will continue in force for twelve months or until terminated by any party by written notice to the other sent to the addresses given above. The term may be extended by the mutual written agreement of the parties.
In the event the Program is cancelled by NCA, Participant will receive a full refund of the Fee.
Confidentiality
Both parties will keep in strict confidence any and all information of a confidential nature which it obtains about the other party as a result of this Agreement. This clause shall not apply in relation to any information that is already available in the public domain other than as a result of a breach of this clause by any party.
Neither the Participant nor the NCA may use or mention the other party’s name, logo, or any other intellectual property in any of their publicity materials or in any announcement, without the prior written consent of the other party.
Miscellaneous
Nothing in this agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement shall be governed by, and construed in accordance with, the laws of the District of Columbia, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the District of Columbia.
This Agreement may be executed electronically and in duplicate with each copy deemed to be an original.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court or arbitrator finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Clauses 3 and 5 shall survive termination of this Agreement.