General Terms and Conditions

Star South International B.V.,

 registered with the Dutch Chamber of Commerce under #000067453074,

 Gieterijstraat 83, 2984AB Ridderkerk, Netherlands

 

 

Cyber Security Risk Management is a shared responsibility of Star South and the parties to the Work.

  • Star South has a comprehensive defense in depth information security strategy focused on the risks that arise from business partners communication with and/or data sharing with the Star South system platform. Star South controls cyber security risk by an array of contemporary recommended best practices to identify cyber security events which pose risks of cybercrimes including trainings in cybercrime identification, automated multi-factor identification for system platform access, and employing a third party cyber security systems monitoring & threat analysis service. Please report all cyber security incidents to Star South through email detailing the incident addressed to helpdesk@innovateit.co.za; copied to info@starsouth.co.za  reference line “Cyber Security -Urgent “
  • All parties to the Work are obligated to take affirmative actions to implement the industry best practices, updated regularly, to protect all system platforms against known cyber security risks. The broad types of cyber security risks which are expressly acknowledged to be ones the parties to the Work agree to protect against are: (i) theft of funds, (ii) theft or corruption of data, and (iii) system platform access denial. The parties to the Work agree to implement policies and practices intended to prevent: (i) “unauthorized data or system access “hacking;” (ii) unauthorized system platform access obtained through social engineering attacks such as “phishing” or “spoofing” system users; (iii) installation of malware, ransom-ware, and (iv) unauthorized system platform access gained through “user errors” including misdirected communications, negligent data sharing, and failure to renew, replace, refresh user system access credentials.
  • The discovery of any cyber security risk event, (including but not limited to, any cyber delivered instructions to change payment terms or change cargo delivery destinations), which is discovered by any party(ies) to the Work will automatically obligate the discovering party(ies) to (i) report the cyber security risk event to the other party(ies) to the Work; (ii) obtain commercially reasonable verification of authenticity of the suspect cyber security risk event if it occurs in the form of instructions, directions, or any other material changes in the terms of the Work; and (iii) in the absence of such commercially reasonable verification shall then “report” the cyber security incident to Star South (above), and report to the extent required and in the manner required by the law of the jurisdiction governing the discovering party(ies).
  • A cybercrime may result in monetary and consequential losses. Where the cyber security event results in losses for which then Star South is lawfully determined to be liable (“1st Party Losses”) then the measurement of those losses will not be greater than the “gross profit” due to Star South from completion of the Work which is the object of the loss. This limitation on the measurement of the losses applies to the entire sum of damages lawfully determined against Star South regardless of how the damages are named or classified, whether arising as a “direct consequence” of the liable acts or omissions or whether named “indirect consequence,” lost profits, delay damages, and/or damage to reputation, advertising injury, or breach of confidentiality. Cyber security event losses caused by the other party(ies) to the Work (“3rd Party Losses”) are losses for which these other party(ies) agree herein to indemnify Star South for the loss as if had there been completion of the Work. Should claims be made against Star South by others arising from the 3rd Party Losses, then the other party(ies) to the Work will defend (at Star South’s election) and indemnify (contemporaneously to the actions) Star South for the costs of defense and settlement (if any) of said claims.
  • Where cyber risk insurance coverage (cyber verzekering) benefits are available to the party(ies) of the Work then the insured will have the duty to (i) timely make an insurance claim, (ii) advise the carrier that Star South is an intended beneficiary of any such coverage relating to the Work, and (iii) shall disclose to Star South the claim, the carrier and policy number details. Notwithstanding anything else provided for in the GTC or other documents relating to the Work, the law of the Netherlands, its law enforcement and judicial system is the governing jurisdiction for cyber security matters which arise under this cyber security risk provision of the GTC.

 

 

These terms and conditions are registered at the Dutch Chamber of Commerce.

(Last Updated August 12, 2022)