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1.1 Astaria Sec Ltd provides vulnerability scanning services based on tools commercially available in the market to its clients.
1.2 The Client shall use only the scanning services:
1.2.1 in accordance with these terms
1.2.2 in good faith and in the manner in which is intended; and
1.2.3 in accordance with all Applicable Law.
2.1 Astaria Sec Ltd is using a sophisticated vulnerability scanning tool which contains various safeguards to protect the Client System. Specifically, Astaria Sec Ltd warrants that:
2.1.1 Scans will only be carried out in accordance with a request by the Client, and only on the date, at the time and on the URL or IP nominated by the Client;
2.1.2 only URLs or IPs which have been pre-notified to Astaria Sec Ltd by the Client will be used;
2.1.3 a Scan will in no circumstances maliciously cause damage to any system.
2.2 However, the Client acknowledges and accepts that:
2.2.1 the methods used by our scanner may include methods and techniques of a type usually deployed by hackers or which are otherwise designed to cause systems to function in a manner other than that which is intended or to gain unauthorised access to systems, networks and the data stored within them;
2.2.2 the Scanning performed by our scanner may expose vulnerabilities and/or disruption to service and, particularly where the Client makes use of optional services such as an exploitive Scan, carries a substantial risk of loss of service, hardware failure and loss or corruption of data; and
2.2.3 if a Scan is carried out in a manner which adversely affects the rights and interests of a third party, this may give rise to criminal and/or civil liability.
2.3 Due to the nature of our scanner, it is essential that:
2.3.1 the Client only uses the scanner URLs or IPs which are on a Client System;
2.3.2 where the Client System is provided by a third party hosting provider, the Client provides the hosting provider with advanced notice of the Scan and obtains its express written approval; and
2.3.3 the Client carefully checks the details of all URLs or IPs supplied to Astaria Sec Ltd for Scanning and ensures that these are correct and will not result in a Scan being performed on a system which the Client is not authorised to Scan.
By supplying Astaria Sec Ltd with a URL or IP to Scan, the Client warrants and represents that it is entitled to authorise Astaria Sec Ltd to Scan that URL or IP.
2.4 In addition, Astaria Sec Ltd strongly advises the Client to:
2.4.1 complete a full backup of all data which is contained in or available through any devices connected to the Client System prior to performing any Scan, and to ensure that such backup is stored remotely from the Client System;
2.4.2 perform the Scan at a time when any adverse impact on the Client System is unlikely to cause an material impact to the Client’s business; and
2.4.3 ensure that it has sufficient qualified and knowledgeable representatives available to respond promptly to any vulnerability identified and to deal with any adverse impact on the Client System that a Scan may cause.
2.5 The scanning is designed to identify and confirm vulnerabilities and report on any vulnerabilities to the Client. Whilst the report will contain recommended fix steps and links to solutions if vulnerabilities are identified, Astaria Sec Ltd does not (and is not intended to) fix, remedy, prevent or eliminate any vulnerabilities or other issues. The Client is solely responsible for securing and protecting its systems.
3.1 We are constantly working to ensure that it can identify and confirm as many vulnerabilities as possible. However, by the nature of the service it is impossible to guarantee that we will be able to identify all vulnerabilities (particularly where such vulnerabilities are not yet known to the security industry), and we do not warrant or guarantee that a Scan will identify all vulnerabilities present (and accordingly a “successful” Scan does not guarantee that the Client System scanned is free of vulnerabilities or other insecurities).
3.2 Astaria Sec Ltd warrants that all Services will be provided with reasonable skill and care.
3.3 The Client warrants that all information and documentation provided by it in relation to the Services it orders is true, complete and accurate.
4.1 Each party agrees that, in the performance of its respective obligations set out in these terms, it shall comply with the provisions of applicable Data Protection Legislation to the extent it applies to each of them. The terms controller, data subject, personal data, personal data breach and process have the meaning given to them in the GDPR.
5.1 The express terms set out in this document are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
5.1.1 Astaria Sec Ltd’s total aggregate liability in respect of any and all causes of action arising out of or in connection with its indemnification obligations shall not exceed £1,000 (one thousand pounds);
5.1.2 Astaria Sec Ltd shall not be liable for any claim arising out of or in connection with this agreement to provide Services to the extent that it relates to loss of profits, goodwill, business opportunity or anticipated savings, loss of data, loss of connectivity or access to a Client System (or any part of it) or any degradation of performance, injury to reputation, wasted management time or indirect, consequential or special loss or damage regardless of the form of action (whether for breach of contract, strict liability, tort (including negligence), misrepresentation or otherwise); and
5.1.3 Astaria Sec Ltd shall not be liable for any delay in or failure to comply with its obligations to the extent that it results from the actions or omissions of the Client.
5.2 Nothing in these terms shall limit or exclude Astaria Sec Ltd’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, and/or for any other loss or damage the exclusion or limitation of which is prohibited by English law.
6.1 Astaria Sec Ld shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (a Force Majeure Event).
6.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Astaria Sec LTD’s reasonable control and includes in particular (without limitation), terrorist attack or threat of terrorist attack, war, threat or preparation for war, fire, malicious damage, epidemic or pandemic, storm (including lightning strike), flood, or other natural disaster or adverse weather, industrial action or other shortage of available staff, impossibility of the use
of telecommunications networks, or interruption or failure of utility service, malicious activity against Astaria Sec LTD’s computer systems such as computer virus or denial of service attack, other illegal or unlawful actions of third parties, acts or omissions of other clients and/or their users or non-performance by suppliers, subcontractors or agents and the acts, decrees, legislation, regulations, policy or restrictions of any government or public authority.
7.1 Astaria Sec Ltd may amend these terms from time to time by notice to the Client. The revised terms shall take effect on such date as Astaria Sec Ltd may nominate, provided that such date must not be less than 30 days from the date of the notice save where the change is required by law to take place earlier.
7.2 This agreement (including any associated non-contractual disputes or claims) is governed by English law and the parties hereby accept the exclusive jurisdiction of the English courts in relation to any dispute arising under or in connection with this agreement.