Examination non-disclosure agreement
By signing our Terms and Conditions upon booking an exam, you are agreeing to the following non-disclosure agreement.
Please contact us if you have any queries.
This Non-Disclosure Agreement (“Agreement”) is made between The Cyber Scheme Ltd and yourself, the exam candidate.
WHEREAS: The parties agree that in order to maintain the integrity of The Cyber Scheme’s examination process and meet National Cyber Security Centre requirements, all candidates undertaking The Cyber Scheme qualifications adhere to the following principals.
1. Definitions In this Agreement:
1.1 “Confidential Information” shall include but not be limited to:
- Details of examination oral content;
- Details of examination written content;
- Details of examination technical content;
- Details of the design and technical configuration of the examination rig;
- Notes about the examination process (other than those openly published).
1.2 “Excluded Information” shall mean information:
- That is or was in the public domain at the time it is or was supplied or made available to the parties and which could be obtained by any person with no more than reasonable diligence;
- That enters or has entered into the public domain after that time otherwise than by reason of a breach of any obligations set out in this Agreement and which could be so obtained.
1.3 “Permitted Disclosure”
shall mean disclosure for a permitted purpose, to either party required in the course of their duties to receive and consider the same for such purpose, or with both parties’ prior written consent or to the extent that such disclosure is required by law, Order of any Court of competent jurisdiction, or of any relevant regulatory or governmental body and/or authority or of the listing rules and the Financial Services Authority.
2 Confidential Information
2.1 Both parties shall treat and safeguard all Confidential Information as strictly private and confidential
and take all steps necessary (including, but not limited to) those required by this Agreement to preserve such confidentiality;
2.2 Signatories will not disclose, divulge, communicate or reveal any Information about the examination process directly or indirectly to any person or other party unless it is Permitted Disclosure as set out below;
i. Take all reasonable measures to protect the confidentiality of The Cyber Scheme examination process and content;
ii. Not to provide coaching or provide guidance to any individual attending the examination based on personal experience of the exam;
iii. Not to make notes or produce a record of the exam after departing the formal examination environment (all notes taken during the exam are handed over to the examiner);
2.3 Both parties shall inform each other immediately (to the extent permitted by law) upon becoming aware or suspecting that any Confidential Information has been disclosed by the parties, or any other disclosure in contravention of this Agreement;
3 Evidence of breach of this Agreement
3.1 Upon receipt of evidence that this agreement has been broken appropriate action will be taken by The Cyber Scheme. The Cyber Scheme will instigate an investigation and you will be provided with details of the noncompliance and given the opportunity to respond. Subject to The Cyber Scheme determining that the breach of confidentiality did take place, appropriate sanctions may be applied including (but not limited to):
i. Revocation of ALL The Cyber Scheme qualifications held;
ii. Notification to the National Cyber Security Centre CHECK Service Owner and CE partner (IASME) as relevant;
iii. Notification to the other authorised examination bodies of the revocation of certification;
iv. Barring from taking any The Cyber Scheme qualifications for a period of up to five (5) years;
v. Legal action to recover loss of intellectual property and costs associated with technical/procedural changes necessary to the exam due to the breach of confidentiality.
4 Duration
The undertakings set out in this Agreement will continue in full force for a period of six (6) years subject only to Clause 1.2 above.
5 Remedies
In the event that the terms of this Agreement are breached, and damages would be an inadequate remedy, equitable release, including injunctions and specific performance, will be used as appropriate remedies for the enforcement of the terms of this Agreement.
6 Variation
No variation of this Agreement shall be effective unless in writing signed by a Director of The Cyber Scheme and agreed with both parties.
7 Governing Law and Jurisdiction
The terms and conditions of this Agreement are governed by and shall be interpreted in accordance with English Law. Each party irrevocably submits to the exclusive jurisdiction of the English Courts in relation to all matters arising out of or in connection with this Agreement.