Terms of Sale /
Software Licence & Subscription Terms
Last changed: 24/03/2026
(Business Customers Only)
1. Parties
These Terms govern the supply of software licences and subscriptions by:
Bitz ‘n’ PC’z Ltd
Trading as Black Swan Cyber Security Solutions
Company No. 05710130
Registered Office: Unit 50 Clocktower Business Centre, Works Road, Hollingwood, Chesterfield, S43 2PE
VAT No: GB434781677
(“we”, “us”, “our”)
These Terms apply to UK business customers only. By placing an order via https://blackswancyber.co.uk (“Our Site”), you confirm you are purchasing in the course of business and not as a consumer. We take reasonable steps to confirm that purchasers are business customers, including requiring a company name / VAT number / business email at checkout. The Terms do not apply to consumers.
2. Definitions
“Software” means any cyber security software, platform, licence key, subscription or digital product supplied by us.
“Subscription” means any time-limited licence supplied on a recurring billing basis.
“Managed Services” means configuration, monitoring, alert triage, remediation or security oversight services supplied under a separate written agreement expressly identified as managed services.
“Self-Managed Basis” means supply of Software licence only, without monitoring, management or security oversight.
“Contract” means the legally binding agreement formed when we issue written Order Confirmation.
3. Nature of Supply
3.1 All Software is licensed, not sold.
3.2 We act as reseller or authorised partner unless expressly stated otherwise.
3.3 Purchase of Software via Our Site is supplied on a Self-Managed Basis unless a separate Managed Services agreement is executed.
3.4 No monitoring, incident response, compliance oversight or ongoing advisory obligation arises from licence-only supply.
4. Self-Managed Responsibility
4.1 Where supplied on a Self-Managed Basis, you are solely responsible for:
Installation
Configuration
Policy design
Monitoring alerts
Incident response
Patch management
Regulatory and insurance compliance
Suitability assessment
4.2 We do not supervise or oversee your environment unless separately contracted in writing.
4.3 Cyber security is risk management, not risk elimination.
5. Advice, Recommendations & Compliance Positioning
5.1 Any advice, recommendation or guidance provided outside a separate Managed Services agreement is provided on an informational basis only.
5.2 Such guidance does not create any ongoing monitoring, consultancy or oversight obligation.
5.3 Where we recommend Software, that recommendation is based on typical SME use cases and industry experience. You remain responsible for determining suitability for your specific environment, regulatory obligations and risk appetite.
5.4 References to Cyber Essentials, SMB1001 or cyber insurance requirements mean that the Software may support certain technical controls associated with those standards.
5.5 Compliance depends on correct configuration, supporting organisational controls and wider governance measures and is not guaranteed by Software alone.
5.6 We do not warrant that Software alone will secure certification, insurance acceptance or regulatory compliance.
5.7 No advice, outside of a Managed Services agreement, constitutes legal, regulatory or insurance advice. Independent professional advice should be obtained where required.
6. Orders & Formation
6.1 An order constitutes an offer.
6.2 A Contract is formed only upon written Order Confirmation.
6.3 We maintain records of the version of these Terms in force at the time of each Order Confirmation. The version accepted at checkout governs the Contract.
7. Subscriptions & Minimum Term
7.1 All Subscriptions are subject to a minimum term of twelve (12) months unless agreed otherwise in writing.
7.2 Billing frequency does not alter the minimum commitment.
7.3 Subscriptions renew automatically unless cancelled at least one month prior to renewal.
7.4 Early termination does not relieve payment obligations for the minimum term.
7.5 Cancellation notice must be given in writing by email to subscriptions@blackswancyber.co.uk. Cancellation takes effect only upon our written acknowledgment.
8. Pricing & Payment
8.1 Prices are exclusive of VAT.
8.2 Payment is due within 7 days of invoice unless agreed otherwise.
8.3 We may suspend access for overdue payment.
8.4 Statutory interest may be charged under the Late Payment of Commercial Debts (Interest) Act 1998.
9. Delivery
9.1 Licences are delivered electronically.
9.2 Delivery is complete when credentials are sent.
10. Refunds
10.1 Licences are non-returnable once issued unless materially defective.
10.2 No refunds for change of mind, incorrect selection or misconfiguration under Self-Managed supply.
11. Warranty
11.1 We warrant authority to resell the Software.
11.2 Except as expressly set out, Software is supplied as provided by the vendor.
11.3 No warranty is given that Software will meet specific insurance, regulatory or operational requirements.
12. Limitation of Liability
12.1 Nothing excludes liability for death, personal injury, fraud or any liability which cannot lawfully be excluded.
12.2 Subject to clause 12.1, we shall not be liable for:
Loss of profit
Loss of business
Loss of data
Regulatory fines
Indirect or consequential loss
12.3 Where supplied on a Self-Managed Basis, we shall not be liable for losses arising from your configuration, monitoring or operational decisions.
12.4 Our total aggregate liability arising under or in connection with any Contract shall not exceed the greater of:
(a) the total fees paid by you for the relevant Software in the twelve (12) months immediately preceding the event giving rise to the claim; or
(b) £1,000,000, being the limit of our professional indemnity insurance maintained at the time of contracting.
12.5 Time limit for claims: Claims must be commenced within twelve (12) months of the event giving rise to the claim. This time limit reflects our insurance obligations and the need for claims to be brought while records are available.
13. Vendor Terms
Software is subject to the relevant vendor’s End User Licence Agreement (‘EULA’). We make the applicable EULA available to you below. By accepting these Terms you agree to be bound by the applicable EULA. Where any conflict arises between these Terms and a vendor EULA regarding usage rights, the vendor EULA shall prevail.
14. Cyber Insurance
14.1 You are responsible for assessing and managing your own cyber risk exposure.
14.2 We recommend maintaining cyber risk insurance appropriate to your business profile.
14.3 We may request written confirmation that appropriate insurance is maintained.
15. Entire Agreement
These Terms constitute the entire agreement relating to Software supply.
You acknowledge you have not relied on any statement not expressly set out in these Terms.
16. Assignment
You may not assign this Contract without our written consent.
17. Data Protection
17.1 Each party shall comply with its obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in connection with any personal data processed in relation to this Contract.
17.2 The parties acknowledge that the nature of the Software supply means that personal data may be processed in connection with the delivery of services under this Contract, including but not limited to device identifiers, IP addresses, user identifiers, and security log data.
17.3 Where we act as a data processor on your behalf in connection with the Software or any related services, processing shall be carried out only on your documented instructions and in accordance with a separate Data Processing Agreement (DPA) agreed in writing between the parties. We will not act as your data processor unless and until a DPA is in place.
17.4 Where Software is supplied on a Self-Managed Basis and we have no ongoing access to your environment or data, you acknowledge that you act as the sole data controller in respect of any personal data processed through the Software platform and that we do not act as your data processor under that model.
17.5 You acknowledge that vendor platforms may process personal data in accordance with the relevant vendor’s own privacy policy and data processing terms. You are responsible for reviewing and accepting those terms as part of the vendor EULA process. We do not control or assume responsibility for the vendor’s data processing activities.
17.6 Nothing in this clause limits either party’s independent obligations under applicable data protection legislation.
18. Governing Law
English law applies. Courts of England and Wales have jurisdiction.