By checking the “I agree with the Terms and Conditions of Services” (“Terms and Conditions” or “Terms”) option found in the pages of Services, you and/or the entity that you represent (“Customer”) agrees hereby with the following Terms and Conditions of Cenobe P.C. and any terms incorporated herein.
Please read the following Terms and Conditions carefully before accessing the Services, as in case that any Customer disagrees with any part of these Terms and Conditions, then that party may not use the Services.
Scope of Work – Order Form
In accordance with the Terms herein, Cenobe shall provide to Customer its Services, including any Work Product and as they are described by the Statement of Work part of the Order Form (“SOW”). If a conflict, ambiguity or inconsistency arises between these Terms and any Order Form, the Order Form will prevail.
Proprietary Rights
Unless provided otherwise in an Order Form, the deliverables shall constitute works for hire. Therefore, Cenobe agrees that – unless otherwise stated in the respective Order Form- Customer is the exclusive owner of such deliverables and all respective material such as -indicative and not restrictive: object code, source code, flow charts, documentation, information, reports, test results, findings, ideas and all works and other materials developed hereunder in connection with the provision of Services (“Work Product”). Moreover, unless otherwise stated in the Order Form, all rights, title and interest to such Work Product shall vest in and remain with the Customer.
Customer Obligations
The Customer has the following obligations and warrants that:
- They will provide Cenobe with accurate information concerning Customer Assets, as defined herein
- They will provide Cenobe all access and necessary cooperation to facilitate the provision of Services.
- They own and control, directly or indirectly the Customer Assets in their entirety, or that such Customer Assets are provided for the Customer’s use by a third party
- They have authorized Cenobe to access such Customer Assets to perform the Services.
As used herein, “Customer Assets” means Customer’s physical premises and/or Customer’s systems (including and without limitation all computer and telecommunications equipment, including servers, workstations, laptops, and associated attachments, accessories, peripheral devices and other equipment and/or applications and software (owned or licensed) that Cenobe may be directed to access in performance of the Services.
Cenobe’s Obligations and Disclaimer
Cenobe has the following obligations to and warrants that:
- They obtain – or shall obtain and maintain all rights, licenses, consents and authorizations necessary to perform its obligations in accordance with the terms listed herein
- Services shall be performed and work product shall be delivered in a timely, professional and workmanlike manner in accordance with industry standards.
Disclaimer. The aforementioned obligations and warranties are the only warranties of Cenobe, concern the services and work product and are made in lieu of all other warranties and obligations.
Therefore, the Customer acknowledges, understands and agrees that Cenobe does not guarantee that they will find, locate or discover all of Customer’s system vulnerabilities, system weaknesses and/or system compromises and will not hold Cenobe responsible. Customer agrees not to represent to any third party that Cenobe has provided any such guarantee or warranty. In no event shall Cenobe be liable for any direct or indirect damages, including any lost profits, or other consequential damages arising from any defects in or use or inability to use such audit information and results by the Customer.
Non-Disclosure
“Confidential Information” includes without limitation all technical and non-technical information related to either Cenobe or the Customer, is disclosed to the other party respectively for the purpose of these Terms and shall be reasonably considered confidential regarding the nature of the information and the circumstances surrounding its disclosure.
Each party shall review, examine, inspect or obtain the other party’s Confidential Information only for the purposes of provision of the Services and/or exercise rights under these Terms and to otherwise maintain the confidentiality of that information. None of the parties may (i) use any confidential information for any other purpose (ii) disclose any confidential information to any person or entity, except to those involved in performing these Terms, have a legitimate need-to-know and are bound a non-disclosure agreement respectively.
Confidential Information does not include subject matter and information: (a) that each party can evidence that is lawfully possessed or known by the other party, prior to the time of disclosure, without use or disclosure restrictions (b) that is or becomes generally known or available to the public without breach of these Terms (c) that is known or independently developed by each party without reliance upon the other party’s Confidential Information (d) that is disclosed to the other party in good faith by a third party who has an independent right to such subject matter and information or that is disclosed on a non-confidential basis to a third party by or with prior written approval of the respective party, whose information is disclosed.
Upon expiration or termination of these Terms or following a request of the other party, each party shall promptly, securely and permanently destroy or return the other party’s Confidential Information in its control and all copies thereof and provide the requesting party with the respective written confirmation.
Indemnity
The Customer shall be fully responsible for complying with the Terms and any breach of the Terms shall result in a claim of indemnification by Cenobe.
The Customer agrees to indemnify, compensate, defend and hold harmless Cenobe and their employees or service providers from and against any and all claims, losses, liabilities and expenses, including attorney’s fees and other legal costs.
Limitation of Liability
- Cenobe shall not be held legally responsible for any acts or omission of the Customer and the persons with whom the Customer cooperates. Cenobe shall not be held legally responsible for damages that are proven to lie exclusively within the Customer’s sphere of responsibility. Moreover, Cenobe shall not be held legally responsible for any damages of the Customer in the event of interference or attempted interference with their systems, as well as in the event of non-functioning of Cenobe’s systems, unless those damages are directly attributable to the sphere of responsibility of Cenobe and due to gross negligence or malice on Cenobe’s behalf.
- Cenobe shall not be held legally responsible for any material or non-material damage to the Customer, in the event of leakage and loss of personal data and information of the Customer, which is not caused by Cenobe, or in case of an illegal access to personal data or information of the Customer by a third party without Cenobe’s fault.
- In any case the liability of Cenobe with regards to the compensation of the Customer, even in case of Art. 7, shall not exceed the total amount of the fees agreed within the framework of this Agreement.
- The Customer acknowledges that during the performance of the audit, their systems may be affected. Therefore, the Customer declares and guarantees that prior to the performance of the audit/subject of this Order Form, which shall be performed at the specified time in SOW, that they sustain adequate back-ups of their data, for the purpose of restoring them and that they have taken all the necessary measures to ensure the uninterrupted operation of their business and their systems.
- Cenobe states that and Customer acknowledges that: (i) each vulnerability assessment is a “snapshot in time” analysis and is based on the information and test results are generated and/or collected at the specific time the tests are performed and therefore that it is possible that the data in the environment of the systems being tested may change at any time after the tests are completed (ii) it is possible that new vulnerabilities may arise/be discovered after the performance of the audit and tests by Cenobe. Therefore, the information provided as well as the testing results shall not be considered a true representation of the risk to the Customer’s applications.
Personal Data and Data Processing
CENOBE as Data Controller.
CENOBE acts as an independent data controller in respect of personal data provided by the Customer in connection with the registration, management and billing of the Customer's account, including name, email address, phone number and any other information submitted in the course of the commercial relationship between the parties. Such processing is governed exclusively by CENOBE's Privacy Policy, available at www.cenobe.com.
CENOBE as Data Processor.
To the extent that CENOBE processes personal data on behalf of the Customer in the course of providing the Services - including any personal data that may be incidentally accessed during penetration testing, vulnerability assessments or any other service described in the applicable Statement of Work - CENOBE acts as a data processor within the meaning of Article 28 of Regulation (EU) 2016/679 ("GDPR"), processing such data solely on the documented instructions of the Customer, who acts as data controller. Such processing is governed exclusively by the Data Processing Agreement ("DPA") concluded between the parties, which forms an integral part of these Terms. In the event of any conflict between these Terms and the DPA with respect to the processing of personal data, the DPA shall prevail.
Customer's obligations as Data Controller.
The Customer warrants that it has obtained, or will obtain prior to the commencement of the Services, all necessary authorizations, consents and permissions required under applicable data protection law, including in relation to any personal data that may be incidentally accessed during the provision of the Services. The Customer acknowledges that it is solely responsible for assessing the data landscape of the systems to be tested and for notifying CENOBE prior to commencement where special categories of personal data within the meaning of Article 9 GDPR are present in such systems.
Limitation of liability and personal data.
Without prejudice to the provisions of the DPA, CENOBE shall not be liable for any loss or leakage of personal data that is not directly attributable to CENOBE's own acts or omissions. The DPA governs the allocation of liability between the parties with respect to personal data breaches occurring in the course of the Services and shall take precedence over any conflicting provision of these Terms.
Changes affecting personal data.
Notwithstanding the general changes clause of these Terms, any modification to the DPA or to the processing of personal data in the course of the Services shall be made in accordance with the procedure set out in the DPA and shall require the Customer's express acceptance.
Termination
These Terms remain in full force and remain in effect until terminated. The Terms may be terminated for the following reasons: (i) for cause: Cenobe or the Customer may terminate these Terms upon 30 calendar days’ prior written notice to the other party of a material breach by the other party, if the breach remains uncured at the end of this time period (ii) for convenience: Cenobe or the Customer may terminate these Terms upon 5 business days’ prior written notice to the other party provided that all applicable SOW have been either completed, expired or terminated in accordance with the terms of the respective SOWs.
General Provisions
- Governing law. These terms shall be interpreted according to Greek law and any dispute that may arise from their execution shall be resolved by the courts of Athens, Greece.
- Waiver. A failure of either party to exercise any of the rights provided under these Terms shall not be deemed to be a waiver of any right provided in these Terms.
- Severability. In case any of these Terms are declared invalid or unenforceable, the remaining provisions of these Terms will continue in full force and effect without being impaired or invalidated in any way.
- Changes. The Customer acknowledges that Cenobe in its sole and absolute discretion may modify or remove any provisions of these Terms as necessary.
Last updated: 5 August 2026