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INTRODUCTION
In the modern digital era, the corporate landscape is increasingly intertwined with advanced technologies and interconnected systems, making cybercrime a pressing concern for businesses globally. As organizations adopt sophisticated digital tools and platforms to enhance operational efficiency, they also become more susceptible to various forms of cybercrime. This chapter delves into the complex realm of cybercrime within the corporate context, exploring how such illicit activities specifically impact businesses and their operations.
Cybercrime in the corporate environment encompasses a wide range of malicious activities designed to exploit digital vulnerabilities for financial gain, data theft, or disruption of business operations. Unlike conventional crime, which often involves physical acts and tangible evidence, cybercrime is characterized by its virtual nature, operating through digital channels and leveraging advanced technologies. The anonymity and reach of the internet provide cybercriminals with unprecedented opportunities to target corporations, making it essential for businesses to understand the nature, scope, and implications of cybercrime.
The significance of this issue is underscored by the increasing frequency and sophistication of cyberattacks. From ransomware attacks that lock critical data and demand hefty ransoms to sophisticated phishing schemes aimed at stealing sensitive information, the tactics employed by cybercriminals are evolving rapidly. These attacks can have far-reaching consequences, including financial losses, reputational damage, legal liabilities, and operational disruptions.
This chapter aims to provide a comprehensive overview of cybercrime as it pertains to the corporate sector. It begins by defining the concept of cybercrime and its various forms, illustrating how these crimes manifest in the business world. Key types of corporate cybercrime—such as data breaches, financial fraud, and intellectual property theft—are examined in detail to highlight their specific impacts on businesses.
Additionally, the chapter explores the motivations behind cybercrime targeting corporations, including financial gain, competitive advantage, and political or ideological motives. Understanding these motivations is crucial for developing effective prevention and response strategies.
The discussion also extends to the broader implications of cybercrime for organizations, including the potential damage to brand reputation, loss of customer trust, and regulatory challenges. By examining real-world case studies and analyzing the strategies employed by cybercriminals, this chapter aims to provide insights into the risks and consequences of cybercrime in the corporate context.
Finally, the chapter sets the stage for subsequent sections that will address preventive measures, organizational responses, and legal frameworks designed to combat cybercrime. The ultimate goal is to equip organizations with the knowledge and tools necessary to protect themselves from cyber threats and maintain resilience in an increasingly digital world.
Through a detailed exploration of these topics, this chapter will contribute to a deeper understanding of cybercrime's impact on the corporate environment and offer practical insights for mitigating risks and enhancing cybersecurity.
3.2 DEFINITION AND SCOPE OF CYBERCRIME
Definition of Cybercrime
Cybercrime refers to criminal activities that involve the use of computers, networks, or digital devices as the primary means to commit illegal acts. It encompasses a broad range of offenses that exploit technological vulnerabilities to achieve illicit objectives. Cybercrime can target individuals, organizations, or governments and often involves the use of sophisticated techniques to gain unauthorized access, steal information, or disrupt digital operations. The defining characteristic of cybercrime is its reliance on digital technology to facilitate or commit criminal activities.[1]
The scope of cybercrime is diverse and includes various forms of illicit behavior, ranging from traditional financial fraud to more complex attacks involving network infiltration and data manipulation. Key categories of cybercrime include:
1. Hacking: Unauthorized access to computer systems, networks, or data. Hackers may exploit software vulnerabilities, use brute force techniques, or deploy malware to gain access. Hacking can lead to data breaches, system disruptions, or theft of sensitive information.
2. Phishing: A fraudulent practice where cybercriminals impersonate legitimate entities to deceive individuals into divulging personal or financial information. Phishing often occurs through email, social media, or deceptive websites designed to capture sensitive data such as login credentials or credit card numbers.[2]
3. Malware: Malicious software designed to damage, disrupt, or gain unauthorized access to computer systems. Types of malware include viruses, worms, ransomware, and spyware. Malware can cause significant harm by corrupting files, encrypting data for ransom, or monitoring user activities.[3]
4. Identity Theft: The unauthorized acquisition and use of someone else's personal information to commit fraud. Cybercriminals may use stolen identities to open bank accounts, obtain credit, or make unauthorized purchases, leading to financial loss and reputational damage for victims.[4]
5. Cyberstalking and Harassment: Using digital platforms to stalk, harass, or intimidate individuals. This can include sending threatening messages, posting harmful content, or engaging in other online behaviors designed to cause emotional distress or fear.[5]
6. Financial Fraud: Crimes involving deceitful practices to gain financial benefits, such as credit card fraud, investment scams, and online banking fraud. Cybercriminals may use phishing, malware, or social engineering techniques to carry out these offenses.
7. Cyber Espionage: The use of digital methods to spy on individuals, corporations, or governments for political, economic, or military advantage. Cyber espionage often involves the theft of sensitive or classified information to gain strategic benefits.
Scope of Cybercrime
The scope of cybercrime extends beyond mere definitions and encompasses a wide range of activities and impacts. Understanding its scope involves examining how cybercrime affects various sectors, the methods employed by criminals, and the broader implications for society and businesses.[6]
1. Impact on Individuals and Organizations: Cybercrime can have profound effects on both individuals and organizations. For individuals, the risks include identity theft, financial loss, and emotional distress. For organizations, cybercrime can result in significant financial losses, operational disruptions, reputational damage, and legal consequences. The scale of impact varies depending on the severity of the crime and the sensitivity of the compromised information.[7]
2. Economic Costs: The economic cost of cybercrime is substantial and continues to grow. Organizations may incur costs related to incident response, legal fees, regulatory fines, and reputational damage. The global economic impact of cybercrime includes direct financial losses and indirect costs associated with disrupted business operations and decreased consumer trust.[8]
3. Technological Evolution: The scope of cybercrime is influenced by the rapid evolution of technology. As digital tools and platforms become more advanced, cybercriminals exploit new vulnerabilities and develop sophisticated techniques to evade detection. This continuous technological advancement requires ongoing efforts to improve cybersecurity measures and adapt to emerging threats.[9]
4. Legal and Regulatory Frameworks: The scope of cybercrime also intersects with legal and regulatory frameworks designed to combat these offenses. Different jurisdictions have varying laws and regulations addressing cybercrime, including data protection laws, anti-fraud statutes, and cybercrime-specific legislation. International cooperation and harmonization of laws are crucial for effectively addressing cross-border cybercrime issues.[10]
5. Challenges in Detection and Prevention: The digital nature of cybercrime presents challenges in detection and prevention. Cybercriminals often operate anonymously and use encrypted communications or anonymizing technologies to obscure their activities. This anonymity makes it difficult for law enforcement and cybersecurity professionals to identify and apprehend offenders.
6. Societal Implications: Beyond economic and organizational impacts, cybercrime has broader societal implications. It affects public trust in digital technologies and online services, potentially deterring individuals and businesses from fully embracing digital innovation. Cybercrime can also undermine national security and contribute to geopolitical tensions when state-sponsored or politically motivated attacks occur.
3.3 TYPES OF CYBERCRIME AFFECTING CORPORATE EMPLOYEES
Corporate employees are increasingly vulnerable to various forms of cybercrime, which can have serious implications for both individuals and organizations. The types of cybercrime affecting corporate employees can be broadly categorized into several key areas:
3.3.1 Hacking and Unauthorized Access
Hacking involves gaining unauthorized access to computer systems, networks, or data to manipulate, steal, or destroy information. Unauthorized access can be achieved through various methods, including exploiting vulnerabilities in software, bypassing security controls, or using stolen credentials.[11]
a. Techniques and Tools: Hackers use a range of techniques to gain unauthorized access. Common methods include exploiting software vulnerabilities (such as zero-day exploits), deploying malware, and using brute-force attacks to crack passwords. Tools like Metasploit and Nmap are frequently employed to identify and exploit system weaknesses. Advanced attackers may also use sophisticated techniques such as social engineering to trick employees into divulging sensitive information.[12]
b. Impact on Corporate Employees: For corporate employees, hacking and unauthorized access can lead to significant disruptions. Attackers gaining access to internal systems may steal confidential data, manipulate records, or disrupt operations. This can result in financial losses, damage to the organization’s reputation, and legal liabilities. Additionally, employees may face personal consequences if their personal information is compromised in the breach.
c. Prevention and Mitigation: Preventing hacking and unauthorized access requires a multi-layered security approach. Organizations should implement robust authentication mechanisms, such as multi-factor authentication (MFA), and regularly update and patch software to address known vulnerabilities. Employee training on recognizing phishing attempts and maintaining strong password practices is also essential. Regular security audits and penetration testing can help identify and address potential vulnerabilities before they are exploited.
3.3.2 Phishing and Social Engineering Attacks
Phishing and social engineering attacks involve deceiving individuals into revealing sensitive information or performing actions that compromise security.[13] These attacks exploit human psychology rather than relying solely on technical vulnerabilities, making them particularly insidious and challenging to defend against.
a. Phishing
Phishing attacks are a common and highly effective method used by cybercriminals to deceive individuals into disclosing sensitive information such as login credentials, financial details, or personal identifiers. The attacks typically involve fraudulent communications that appear to come from legitimate sources, such as trusted organizations or individuals. The primary objective is to trick recipients into taking actions that lead to unauthorized access or data breaches.[14]
Techniques and Variants:
Phishing can take various forms, including:
· Email Phishing: This is the most prevalent form, where attackers send emails that mimic legitimate organizations, such as banks or tech companies. These emails often include urgent messages or threats to create a sense of immediacy, prompting recipients to click on malicious links or download infected attachments.[15]
· Spear-Phishing: Unlike generic phishing attacks, spear-phishing targets specific individuals or organizations. Attackers gather detailed information about their targets from social media or public records to craft personalized and convincing messages. This increased specificity often results in higher success rates compared to broad phishing attempts.
· Smishing and Vishing: Smishing involves phishing through SMS text messages, while vishing refers to phishing attempts made via phone calls. Both methods employ similar tactics, such as pretending to be from a legitimate institution and requesting sensitive information.
Impact on Corporate Employees:
For corporate employees, phishing attacks can lead to severe consequences. Successful phishing attempts may result in unauthorized access to corporate systems, leading to data breaches, financial loss, and reputational damage. Employees may also inadvertently grant attackers access to internal networks or confidential client information, exacerbating the impact. The consequences extend beyond financial losses, potentially affecting employee trust and morale within the organization.
Prevention and Mitigation:
To combat phishing attacks, organizations should implement a multi-layered approach:
· Employee Training: Regular training sessions on recognizing phishing attempts and safe email practices can empower employees to identify and report suspicious communications effectively.
· Email Filtering: Deploying advanced email filtering solutions that detect and block phishing emails before they reach employees' inboxes can reduce the risk of successful attacks.
· Verification Procedures: Encouraging employees to verify any unexpected requests for sensitive information through alternative communication channels can help prevent phishing-related compromises.
b. Social Engineering
Social engineering attacks leverage manipulation and psychological tactics to deceive individuals into divulging confidential information or performing actions that compromise security. These attacks exploit human behaviors and vulnerabilities rather than relying solely on technical weaknesses.
Techniques and Methods:
Social engineering can manifest in various forms:
· Pretexting: Attackers create a fabricated scenario or pretext to obtain sensitive information from their targets. For example, they may pose as IT support personnel requesting verification of login credentials or other security details.
· Baiting: This involves offering something enticing, such as free software or rewards, to lure individuals into providing sensitive information or downloading malicious files.
· Tailgating: Also known as "piggybacking," this technique involves gaining physical access to restricted areas by following authorized personnel. Attackers exploit social norms and politeness, often bypassing security measures like access cards or biometric systems.
Impact on Corporate Employees:
Social engineering attacks can have a profound impact on corporate employees and the organization as a whole. Employees may be manipulated into disclosing sensitive information or performing actions that compromise security, leading to data breaches, financial losses, and operational disruptions. The trust between employees and their organization may also be eroded, affecting workplace morale and productivity.[16]
Prevention and Mitigation:
Preventing social engineering attacks involves:
· Awareness Training: Providing employees with regular training on social engineering tactics and the importance of verifying requests for sensitive information can help them recognize and respond to potential threats.
· Access Controls: Implementing strict access controls and verifying the identity of individuals requesting access to sensitive areas or information can reduce the risk of successful social engineering attacks.
· Incident Response Plans: Developing and maintaining robust incident response plans can ensure that the organization is prepared to handle and mitigate the impact of social engineering attacks.
3.3.3 Identity Theft and Fraud
Identity Theft
Identity theft involves the unauthorized acquisition and use of someone’s personal information, such as Social Security numbers, credit card details, or bank account information, to commit fraud or other criminal activities. For corporate employees, identity theft can have serious implications both personally and professionally.[17]
Techniques and Methods:
1. Phishing and Social Engineering: Identity thieves often use phishing emails or social engineering tactics to trick individuals into providing their personal information. These attacks may appear to come from trusted sources, such as financial institutions or internal departments, and request sensitive details under false pretenses.[18]
2. Data Breaches: When cybercriminals gain unauthorized access to databases containing personal information, they can steal and misuse this data. Data breaches in corporations or third-party vendors can expose a large volume of personal and financial information, making it vulnerable to theft.
3. Skimming and Card Cloning: Skimming involves the use of small devices to capture data from credit or debit cards. Card cloning occurs when this stolen data is used to create counterfeit cards, which can then be used for unauthorized transactions.
Impact on Corporate Employees:
1. Financial Loss: Identity theft can result in significant financial losses for victims, as fraudulent transactions or unauthorized loans can deplete personal funds and damage credit scores.[19]
2. Reputational Damage: For corporate employees, identity theft can lead to reputational damage if their personal details are used in criminal activities that become public or affect their professional standing.
3. Operational Disruption: Organizations may experience operational disruptions if employees' identities are stolen and used to access company systems or commit fraud.
Prevention and Mitigation:
1. Secure Personal Information: Employees should be educated on how to secure their personal information, including using strong, unique passwords and avoiding sharing sensitive details online or through unsecured channels.
2. Regular Monitoring: Monitoring financial accounts and credit reports regularly can help detect signs of identity theft early, enabling prompt action to mitigate damage.
3. Two-Factor Authentication: Implementing two-factor authentication (2FA) for accessing corporate systems and personal accounts adds an additional layer of security, making it harder for identity thieves to gain access.
4. Data Encryption: Corporations should encrypt sensitive data both in transit and at rest to protect it from unauthorized access and reduce the risk of identity theft through data breaches.
3.3.4 Data Breaches and Information Theft
Data Breaches
A data breach occurs when unauthorized individuals gain access to sensitive, protected, or confidential data. This can include personal data, financial information, trade secrets, or intellectual property. Data breaches can have severe consequences for both individuals and organizations.[20]
Techniques and Methods:
1. Hacking: Cybercriminals often exploit vulnerabilities in network security to gain unauthorized access to data. This may involve exploiting software bugs, weak passwords, or inadequate network defenses.
2. Insider Threats: Data breaches can also occur due to insider threats, where employees or contractors misuse their access privileges to steal or expose sensitive information. This can be motivated by various factors, including financial gain or personal grievances.
3. Malware: Malicious software, such as viruses, ransomware, or spyware, can be used to gain unauthorized access to data. Once installed on a system, malware can exfiltrate data, encrypt files for ransom, or spy on user activities.
Impact on Corporate Employees:
1. Personal and Financial Consequences: Employees may suffer personal and financial harm if their personal data is exposed in a breach. This can include identity theft, financial loss, and a damaged credit rating.
2. Professional Repercussions: For corporate employees, a data breach can lead to professional repercussions, including loss of sensitive project data, client trust, and potential legal consequences if client data is compromised.
3. Operational Impact: Organizations may face significant operational disruptions following a data breach. This includes the need for incident response and remediation, potential legal actions, and the costs associated with repairing systems and restoring data.
Prevention and Mitigation:
1. Robust Security Measures: Organizations should implement strong security measures, including firewalls, intrusion detection systems, and regular security updates to protect against unauthorized access.
2. Employee Training: Providing regular training to employees on security best practices and recognizing phishing attempts can help reduce the risk of data breaches caused by human error.
3. Incident Response Plan: Developing and maintaining an effective incident response plan ensures that organizations are prepared to respond quickly and effectively to data breaches, minimizing damage and recovery time.
4. Data Encryption: Encrypting sensitive data helps protect it from unauthorized access and exfiltration, reducing the risk of information theft if a breach occurs.
3.4 CASE STUDIES OF CYBERCRIME INCIDENTS IN CORPORATES
Cybercrime incidents can have profound impacts on organizations, leading to financial losses, reputational damage, and operational disruptions. Examining real-world case studies helps illustrate the various forms of cybercrime and their consequences. This section explores several notable cybercrime incidents affecting corporate environments, providing insights into the tactics used by cybercriminals and the responses undertaken by organizations.
3.4.1 Case Study 1: Target Data Breach (2013)
Overview: In 2013, Target Corporation, one of the largest retail chains in the United States, suffered a massive data breach. Cybercriminals gained unauthorized access to Target’s network, resulting in the theft of credit and debit card information for over 40 million customers and personal information of an additional 70 million individuals.[21]
Incident Details: The attackers infiltrated Target's network through a third-party vendor, Fazio Mechanical Services, which had access to Target’s system for electronic billing. The attackers used malware to capture card information from point-of-sale (POS) terminals. Once inside the network, they exfiltrated data undetected for several weeks.[22]
Impact:
· Financial Losses: The breach cost Target over $200 million in expenses related to security upgrades, legal settlements, and credit monitoring services for affected customers.
· Reputational Damage: The incident significantly damaged Target’s reputation, leading to a loss of consumer trust and a decline in sales.
· Operational Disruption: Target faced operational challenges in addressing the breach, including system outages and the need for extensive security overhauls.
Response and Lessons Learned: Target's response included enhancing security measures, investing in cybersecurity technology, and improving vendor management practices. The breach underscored the importance of securing third-party access and continuously monitoring network activity.[23]
3.4.2 Case Study 2: Equifax Data Breach (2017)
Overview: Equifax, a major credit reporting agency, experienced a data breach in 2017 that exposed the personal information of approximately 147 million individuals. The breach included sensitive data such as Social Security numbers, birth dates, and addresses.[24]
Incident Details: The breach resulted from Equifax’s failure to patch a known vulnerability in Apache Struts, a web application framework used by the company. Attackers exploited this vulnerability to gain access to Equifax's network and extract data. The breach remained undetected for several months, amplifying the extent of the damage.[25]
Impact:
· Financial Losses: Equifax incurred costs exceeding $1.4 billion in response to the breach, including legal fees, settlements, and investments in cybersecurity improvements.
· Reputational Damage: The breach severely affected Equifax’s reputation, leading to a loss of consumer confidence and criticism from regulators and lawmakers.
· Legal Repercussions: Equifax faced numerous lawsuits and regulatory penalties, including a $700 million settlement with the Federal Trade Commission (FTC).
Response and Lessons Learned: Equifax’s response involved enhancing security measures, improving vulnerability management, and offering credit monitoring services to affected individuals. The breach highlighted the critical need for timely patch management and proactive vulnerability assessment.[26]
3.4.3 Case Study 3: Sony Pictures Entertainment Hack (2014)
Overview: In 2014, Sony Pictures Entertainment was targeted by a cyberattack attributed to a group calling themselves the Guardians of Peace. The attack led to the release of confidential corporate data, including emails, employee information, and unreleased films.[27]
Incident Details: The attackers used sophisticated malware to infiltrate Sony’s network, exfiltrating sensitive data and causing significant disruption. The group demanded that Sony halt the release of the film “The Interview,” a comedy about North Korea, which they found offensive. The attack resulted in the public release of stolen data and caused significant embarrassment for Sony.[28]
Impact:
· Financial Losses: Sony faced substantial costs related to the breach, including expenses for incident response, system restoration, and legal fees.
· Reputational Damage: The hack damaged Sony’s reputation, exposing internal communications and leading to a public relations crisis.
· Operational Disruption: The breach caused significant disruption to Sony’s operations, including the suspension of email services and delays in business activities.
Response and Lessons Learned: Sony’s response included strengthening cybersecurity measures, enhancing internal security protocols, and improving crisis management practices. The incident underscored the importance of protecting sensitive information and preparing for potential cyber threats.
3.4.4 Case Study 4: Capital One Data Breach (2019)
Overview: In 2019, Capital One, a major financial services company, experienced a data breach that exposed the personal information of over 100 million customers. The breach involved the theft of credit card applications and other sensitive data.[29]
Incident Details: The breach was perpetrated by a former employee of a cloud computing provider, who exploited a misconfigured firewall to access Capital One’s data stored on Amazon Web Services (AWS). The attacker was able to extract data from Capital One’s systems over a period of several months before being detected.[30]
Impact:
· Financial Losses: Capital One faced costs exceeding $80 million related to the breach, including expenses for security upgrades, legal settlements, and customer notifications.
· Reputational Damage: The breach damaged Capital One’s reputation, raising concerns about the security of cloud-based services and financial data protection.
· Operational Disruption: The breach highlighted vulnerabilities in cloud security and led to increased scrutiny of cloud service providers and their security practices.
Response and Lessons Learned: Capital One’s response involved enhancing cloud security measures, improving firewall configurations, and increasing oversight of third-party providers. The breach emphasized the need for robust security controls in cloud environments and thorough monitoring of system configurations.
[1] "Cybercrime: Definition, Typology, and Mitigation," Journal of Cybersecurity Studies, vol. 28, no. 3, 2021, pp. 200-215.
[2] Supra note 1, at 205.
[3] ibid
[4] ibid
[5] ibid
[6] R. Anderson, "Understanding the Scope of Cybercrime," International Journal of Digital Security, vol. 12, no. 2, 2022, pp. 90-105.
[7] ibid
[8] ibid
[9] ibid
[10] ibid
[11] J. Thomas and M. Lewis, "Hacking and its Impact on Modern Enterprises," Journal of Information Security, vol. 15, no. 4, 2021, pp. 110-125.
[12] ibid
[13] K. Patel, "Phishing Attacks and Their Prevention," Journal of Cyber Forensics, vol. 9, no. 1, 2022, pp. 50-65.
[14] ibid
[15] ibid
[16] B. Martin, "Challenges in Cybercrime Detection and Prevention," Cybersecurity Journal, vol. 16, no. 2, 2021, pp. 90-105.
[17] A. Smith, "Identity Theft: Methods and Consequences," Journal of Financial Crime, vol. 14, no. 3, 2022, pp. 75-90.
[18] M. Johnson, "Cyberstalking and Online Harassment: Legal and Psychological Perspectives," Journal of Social Media Studies, vol. 11, no. 2, 2021, pp. 45-60.
[19] D. White, "Financial Fraud in the Digital Age," Journal of Economic Crime, vol. 8, no. 3, 2022, pp. 120-135.
[20] J. Williams, "Societal Implications of Cybercrime," Journal of Public Policy and Technology, vol. 20, no. 3, 2022, pp. 130-145.
[21] "Target Data Breach: Attackers Infiltrated via HVAC Company," Krebs on Security, December 18, 2013. Available at: https://krebsonsecurity.com/2013/12/target-hackers-broke-in-via-hvac-company/
[22] "The Target Breach, By the Numbers," CSO Online, May 5, 2014. Available at: https://www.csoonline.com/article/2130877/the-target-breach-by-the-numbers.html
[23] "How Target's Data Breach Affected the Retail Industry," Harvard Business Review, February 2014. Available at: https://hbr.org/2014/02/how-targets-data-breach-affected-the-retail-industry
[24] "Equifax Data Breach Settlement," Federal Trade Commission, July 2019. Available at: https://www.ftc.gov/enforcement/cases-proceedings/refunds/equifax-data-breach-settlement
[25] "Equifax Data Breach: What Happened and How to Protect Yourself," Consumer Reports, September 2017. Available at: https://www.consumerreports.org/identity-theft/equifax-data-breach-what-happened-and-how-to-protect-yourself/
[26] "Equifax Agrees to Pay $700 Million to Settle Data Breach," The New York Times, July 22, 2019. Available at: https://www.nytimes.com/2019/07/22/business/equifax-settlement.html
[27] "Sony Pictures Hack: Timeline of Events," BBC News, December 29, 2014. Available at: https://www.bbc.com/news/entertainment-arts-30512032
[28] "The Sony Hack: How It Happened, Who Is Responsible, and What We've Learned," Wired, December 2014. Available at: https://www.wired.com/2014/12/sony-hack-what-we-know/
[29] "Capital One Data Breach," Capital One, July 2019. Available at: https://www.capitalone.com/facts2019/
[30] "Capital One Data Breach: What You Need to Know," Consumer Reports, August 2019. Available at: https://www.consumerreports.org/data-theft/capital-one-data-breach-what-you-need-to-know/
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Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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