ITXpress

 

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and ITXpress UK Limited, located at 3-5 Alma Road, Headingley, Leeds, West Yorkshire, LS6 2AH United Kingdom (we, us), concerning your access to and use of the Vulnerability Assessment Services (www.itxpress.co) website as well as any related applications (the Site).

The Site provides the following Services: Network Vulnerability Assessments. (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all these Terms and Conditions. 

If you do not agree with all these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

Who can use the Service

Anyone can use the Services only in compliance with these Terms & Conditions herein, if you are 18 years or older, have the authority to enter into a legally binding contract with ITXpress UK Limited and are not barred under any applicable laws or contracts from doing so. ITXpress UK Limited reserves the right to request written confirmation regarding your authority to enter into this contract.

Your use of the Services

You agree to use Services using your own account or an account created by a company or other entity which has authorised you to access and use its account.

The ITXpress UK Limited Service emulates intrusion attempts on your entire external network infrastructure. By using ITXpress UK Limited Services, you give permission to ITXpress UK Limited to perform an external vulnerability assessment, in order to investigate your network security.

Personal data and logging of information

When you submit a vulnerability assessment application to ITXpress UK Limited, either via the website or via phone, you are requested to submit your personal information which includes the following:

Name, Email Address, Company Name, Public IP Address and Telephone Number

By doing so you consent to ITXpress UK Limited processing your personal information. ITXpress UK Limited will treat your personal information as confidential information and will use the information to respond to your query, including providing you with any requested information about our products and Services. We may also email you several times after your enquiry in order to follow up on your interest and ensure that we have met your requirements.

We will do this based on our legitimate interest in providing accurate information prior to a sale.

Further conditions regarding ITXpress UK Limited processing of personal data and information is found in the ITXpress UK Limited Privacy Policy.

ITXpress UK Limited provision of the Service

ITXpress UK Limited may modify and add more features to the Services over time. ITXpress UK Limited may also stop, suspend, or modify the Services at any time without prior notice to you. ITXpress UK Limited may also remove any content or functionality from our Services at our discretion.

When you share your vulnerability report your network information will be disclosed for the recipient. Please be advised that sharing your assessment report with other parties may be associated with high risks. ITXpress UK Limited highly recommend that you consider carefully what you choose to share or by other means make public. By sharing the reports and information therein you acknowledge that you are aware of the risks associated with such sharing and you are solely responsible for the actions of those with who you share it with.

Fees and payment terms

By using the ITXpress UK Limited Service, you agree to pay all applicable prices and charges for the Service, as per our pricing page on the ITXpress UK Limited website or in mutually agreed quote. ITXpress UK Limited may change the prices and charges for the Service from time to time and will communicate all such changes in advance on its website.

The eRisk Proactive Service 12 month subscription contract fees are payable and drawn from your account at the beginning of each calendar month, the payment Service provider will store your card details to fulfil the payment commitments.

All subscriptions start with a minimum term of 12 months. Following 12 months Services can be cancelled at any time providing 1 months’ notice. Notice should be provided in writing to cancellations@itxpress.co

If any sum payable under this Agreement is not paid when due, then until payment is made in full, ITXpress UK Limited will suspended your account.

In some cases, we may perform a test transaction of £0.01 to validate card details and the transaction will be cancelled and the £0.01 balance will be refunded.

ITXpress UK Limited Services use a WorldPay payment gateway Service for the provision of its Services.

Unless specified by ITXpress UK Limited, prices and charges are exclusive of tax, levies, or similar governmental charges that may be assessed by any jurisdiction, including without limitation, any export, or local VAT, lease tax, sales, use of goods and Service tax and excise duty.

Termination

To stop using the Services you can request for your account to be deleted at any time by simply emailing cancellations@itxpress.co.

Once the request has been received you will receive an email confirming your request has been received, once the request has been actioned there will be no way of recovering any of the data.

Furthermore, ITXpress UK Limited reserves the right to suspend any of the Services linked to your account at any time, with or without cause, and with or without notice. For example, ITXpress UK Limited may suspend or terminate your account if you are in breach of these Terms and Conditions. If ITXpress UK Limited suspend or terminate the Services linked to your account, ITXpress UK Limited will try to contact you in advance.

Security

ITXpress UK Limited regard the handling of your information with the Service as extremely important. The Service is encrypted using SSL technology and all your information, including reports and the content of your logs, is stored on CCS (Leeds) servers located in the United Kingdom.

The Services only scans for known vulnerabilities. The assessment scan does not guarantee or ensure that the System is free of all vulnerabilities or insecurities. You are solely responsible for securing and protecting your systems and network infrastructure.

You are responsible for safeguarding the login credentials (username and password) that you use to access the Services and you agree not to disclose your credentials to any third parties. You are solely responsible for any activity performed from your account and shall immediately notify ITXpress UK Limited of any unauthorised use of your account. You hereby acknowledge that reports and other information generated as part of your use of the Service are likely to contain information that is highly sensitive and should always be kept confidential by you to avoid unauthorised access. ITXpress UK Limited disclaims any and all liability for the safety of your reports, passwords, login credentials and how the content of your reports are used.

Security Appliance

ITXpress UK Limited will install a Netgate XG-7100 DT Secuirty Gateway with pfSense with every eRisk Proactive Plus purchase. If we are unable to obtain this specifc model then we will edevour to source an equibalant device with similar specification. Warranty on all secuirty appliances are 12 months return to base with ITXpress plus any additional manufacturers warranty.

Remediation

As part of your assessment you will be provided with suggestions in order to remediate any vulnerabilities found within the report. ITXpress UK Limited will endeavour to remediate these vulnerabilies as part of your assessment without extra cost by including up to 4 hours of labour. Any remiation beyond this allocated time will be notified to the customer and a quotation will be provided.

Modifications and transfer

ITXpress UK Limited may make amendments to these Terms and Conditions from time to time and the most up to date version will be posted on ITXpress UK Limited website. Updates to the Terms and Conditions become effective once made available on the website.

If a revision in our sole discretion is considered material to you, ITXpress UK Limited will notify you (for example via email to the email address associated with your account). Other changes may be posted on our blog or webpage, so please check those pages regularly. If you continue to use the Services after a revision of Terms has become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you should stop using the Services immediately.

ITXpress UK Limited may transfer or assign any agreements, rights and obligations under these Terms, in whole or in part, to a third party, without notice, provided that there is no material adverse change to the Services.

Limitation of Liability

IN NO EVENT WILL ITXPRESS UK LIMITED BE LIABLE FOR ANY DAMAGE, BE IT DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE SERVICES OR FOR ANY HARM TO WEBSITES, APPLICATIONS, SYSTEMS OR ENVIRONMENTS, LOSS OR CORRUPTION OF DATA, OR ANY OTHER DAMAGE CAUSED AS A CONSEQUENCE FROM THE USE OF THE SERVICE.

Intellectual Property

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ITXpress UK LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AGAINST ANY CLAIMS, COSTS, DAMAGES, EXPENSES, LOSSES DEMANDS AND LAWSUITS THAT MAY ARISE AS A CONSEQUENCE OF YOUR USE OF THE SERVICE. THE INDEMNIFICATION ALSO INCLUDES AN OBLIGATION TO REIMBURSE ITXpress UK LIMITED FOR ITS LEGAL COSTS, INCLUDING LAWYER FEES TO THE COUNSEL OF ITXpress UK LIMITED CHOICE.

Law and Jurisdiction

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Force Majeure

If either party is unable to perform any obligation under this Agreement because of a matter beyond that party’s reasonable control including, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, war, acts of terrorism, civil disorder, industrial disputes (whether or not involving employees of either party), breakdown of plant or machinery, default of suppliers or sub-contractors or acts of local or central government or other competent authorities, or events beyond the reasonable control of suppliers to either party, that party will have no liability to the other for that failure to perform.

Copyright

ITXpress UK Limited respects intellectual property of others and asks that you to do the same. ITXpress UK Limited will respond to legally founded notices of alleged copyright infringements properly provided to ITXpress UK Limited. ITXpress UK Limited reserves the right to delete or disable content or functions that are alleged to cause infringements and to avoid repeated infringements.