Terms & conditions

Company registered in England and Wales #5189175. Data protection registration number #Z1951199. These terms & conditions govern your use of this website - please read them. You should also read our privacy policy in conjunction with these terms & conditions.

Last updated: 16^th October 2010.

1.Definitions

In this document the following terms apply:

'We' or 'Us' refers to awdit, a trading name of Reincubate Ltd. of London SE1.

'You' refers to you, the person reading these terms and conditions.

The 'website' refers to this website, which can be found at awdit.com, and any other websites associated with awdit.

The 'service' refers to any use of the 'website', the awdit network scanner, collector or desktop client, and any other related products or technologies provided by awdit.

2.Use of the service

We grant you a non-exclusive license to use the service and website, subject to your acceptance of, and continuing adherence to, these terms & conditions.

You may download pages from our website for your own personal or internal business use. You may not otherwise sell, rent, give away or otherwise distribute any of our website pages (in any form) without our express written permission, or where otherwise clearly indicated on the relevant page that you may do so.

You may not use our website for any illegal purpose. This includes, but is not limited to, uploading copyrighted information or data without the permission of the copyright holder, using the awdit service to scan a network without permission of the network owner, or performing any action which may disrupt or damage computers or networks.

You may not attempt to reverse-engineer or disassemble any part of any of our services, or incorporate any part of our services into any third party website or content without our express written permission.

You may not attempt to bypass any restrictions placed on your account including, but not limited to, attempting to gain access to features only available to paying plans or plans other than the plan your account is set up for.

You may not use any information provided through our website for any purpose other than your personal or internal business use. In particular you may not use data collected through our website for marketing activities.

3. Your obligations

If you are a registered member of the website you must make reasonable efforts to keep your account details up to date. You must provide and maintain accurate contact details.

You agree to comply with any reasonable requirements we may make of you in order to maintain the continued operation of our service. You agree that, in the event we are unable to contact you, we reserve the right to suspend or terminate your account if we feel it is having a detrimental effect on other service users, or we reasonably believe your account to be in breach of these terms & conditions.

If you become aware that our service is being operated in a way which may breach these terms & conditions you agree to inform us as soon as is reasonably practicable.

4.Intellectual Property

Any content you upload to the website remains your intellectual property. We accept no responsibility for any loss or damage to such content. It is your responsibility to maintain your own backup copies of any such content uploaded to the website.

You agree to indemnify us from any claims in relation to any content you upload. This includes, but is not limited to, any claims for breach of copyright, trademark disputes or claims for breach of licensing terms.

Any content not uploaded by you to the website remains at all times our property.

Content you upload remains your property and you grant us a worldwide non-exclusive royalty free license to reproduce such content for the sole purpose of providing you with the service. By agreeing to these terms you confirm that you have the right to grant us such a license.

5. Collector and Desktop Tool

We provide a free tool which can scan your system and provide you with information about what software and hardware is installed on your system.

By running the collector you consent to the gathering of such information and it's transmission to Awdit. Information is only sent to Awdit using https encrypted secure transfer methods.

Information gathered by the collector may also be anonymised and aggregated by Awdit and used to provide general public statistics. Such information will never include personally identifiable data such as usernames or IP addresses - it will be restricted solely to generic information such as the number of times a particular version of software has been detected across our user base.

6. Warranties

The website and service is provided to you 'as is' and we accept no liability for any loss or damage incurred as a result of your use of our service.

From time to time our service may not be available, or may operate with reduced functionality. We will attempt to provide prior warning of any scheduled maintenance through our website, but we cannot be held responsible for any loss or degradation of service, or any consequential loss or damage you may incur as a result.

Any information provided through the use of our service is also provided on an 'as is' basis. Any recommendations made through our service are not guaranteed, and if you are unsure you should always seek your own independent advice. You agree to indemnify us from any liability incurred as a result of your use of our service, or any advice provided through our service.

7. Payments, upgrades and downgrades

Some plans require a monthly subscription. If you are on such a plan you grant us permission to set up a credit card recurring payment to take the required monthly payments.

You may choose to upgrade or downgrade your account at any time by using the upgrade or downgrade mechanism within the service.

If you upgrade from a free to a paying plan you will be required to provide payment details. We will not upgrade your account until payment has been made using the supplied details.

If you change between paying plans we will apply the change to your account immediately, and the new payment amount will take effect from the next due monthly payment. No pro rata payment will be taken or refund given for the part month period between the account change request and the date of the next due monthly payment.

If you downgrade from a paying plan to a free plan we will apply the change to your account immediately, cancel the recurring payment agreement and no future payments will be taken. No pro rata refund for the unused part of the month will be given.

If terminate the recurring card authority which allows us to take monthly payments, initiate a chargeback for any payment or take any other action that prevents us from taking a monthly payment then we reserve the right to suspend or downgrade your account without warning.

Where you owe us money we reserve the right to charge interest at the rate of 8% above the Bank of England base rate. We also reserve the right to add any reasonable collection costs we may incur to your debt.

8. Termination

We may terminate this agreement at any time by emailing the email address provided upon registration.

You may terminate this agreement and cancel your awdit account at any time by emailing support@awdit.com.

If you cancel your account we will use our best endeavours to delete all data you have uploaded to awdit on or shortly after the date you cancel your account. If you subsequently choose to reinstate your account it may not be possible to recover such data once it has been deleted. If you feel this is likely to be the case then please consider downgrading to a free plan rather than cancelling your account completely.

Regardless of which party terminated this agreement you will remain liable for any outstanding unpaid invoices accrued up to the point this agreement was terminated and no pro-rata refunds will be given.

9. Limitation of liability

We provide all services on an 'as-is' basis and accept no liability, either express or implied for any loss or damage incurred as a result of your use of our service, save where required by law. In such cases our total liability shall be limited to the charges paid by you to us for the use of the awdit service.

Nothing in these terms & conditions shall affect your statutory rights under law.

10. Other

If any part of these terms & conditions are found to be unenforceable by a properly constituted court or tribunal this shall in no way affect the remainder of these terms & conditions.

Without prejudice to any other relief available to us, we reserve the right to suspend or terminate your use of our services in the event we believe you to be in breach of these terms & conditions. In such a case we will make reasonable efforts to inform you of our actions after the event.

These terms & conditions may be varied from time to time. Notification of such changes will be made by means of a message on our website. Where such a change is minor and does not fundamentally affect your rights, your continued use of our service will constitute your acceptance of the amended terms & conditions.

Where we make a change to our terms & conditions that may fundamentally alter your rights under this agreement we will make reasonable efforts to notify registered users of such a change within 7 working days, and provide users with an opportunity to terminate any subscription and receive a refund of any remaining subscription. Your right to exercise this option may only be exercised for a period of 30 days after such a change to our terms & conditions.

You may not assign any portion of these terms & conditions, nor any rights or licenses granted under these terms, without our express written permission. We may assign these terms & conditions or any of our rights or license under these terms & conditions at our sole discretion.

Any failure by us to enforce any part of these terms & conditions will not affect our overall right to enforce any part of these terms & conditions, and will under no circumstances constitute a waiver of our rights under these terms & conditions.

No third party rights (whether under the Contracts (Rights of Third Parties) Act 1999 or any other relevant legislation) shall be conferred by virtue of these terms & conditions.

11. Jurisdiction

These terms & conditions are provided under the non-exclusive jurisdiction of England and Wales. You agree to accept the jurisdiction of the English Courts in the event of any dispute.

Privacy policy

1. Use of Information

We have created this privacy policy to demonstrate our commitment to the principles of privacy on-line. We recognise that our users are our most important asset and we strive to protect their confidential information at all times. The following discloses our information gathering and dissemination practices for this web site and the associated awdit services.

We may collect the following information in order to provide the awdit service or where neccessary in order to comply with statutory requirements:

• Information about devices, users and policies within an organisation
• Contact information for individuals and companies who register for awdit services
• Billing information for individuals and companies who purchase subscription accounts

Any such information collected will be held securely in accordance with the Data Protection Act.

2. Information on our Server

We use your Internet Protocol (IP) address to help us diagnose problems with our server, and to administer our web site. Your IP address is collected and used to collect general demographic information to give us an idea of what types of businesses use our services.

Where you register for an awdit account we may link your IP address to your user account for the purpose of monitoring use of the awdit service to prevent abuse and to comply with statutory requirements.

3. Cookies

A cookie is a small piece of data that may be stored on your computer when you visit a web site. Cookies may be used to identify returning visitors to a website or to remember information between visits (such as shopping cart contents on an ecommerce website). Cookies do not hold any personally identifiable information and cannot access any other file on your computer.

We may use cookies to store user preferences or to track user movement between pages on our website. We do not store any personally identifiable information in our cookies.

We may use third parties to provide ad services on our website. Such services include Google and DoubleClick.

These third party services may use cookies. Moreover, they may use cookies to personalise their advertising content.

In the case of Gooogle you may find out more information about their use of DART tracking cookies, and how to opt out, at http://www.google.com/privacy_ads.html .

You can find out more about cookies in general, including information on how to disable them, at allaboutcookies.org. Please note that we are not responsible for the content of third party websites.

4. Sharing of Information

We will not share personally identifiable information about awdit users without express consent, or where required by law.

We may provide aggregated or anonymised information about general trends to third parties. Such information will not include any personally identifiable information.

Information may be stored on servers outside of the European Union. Any information stored outside of the European Union will be held in accordance with European Union Safe Harbor principles.

5. Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Such measures include, but are not neccessarily limited to, provision of firewalls, anti-virus software and encryption technologies.

6. Correct/Update/Review

In accordance with the Data Protection Act 1998, this site provides registered users with the opportunity to review, change and/or modify information provided by updating their profile. If you are unable to access your account to make such changes, please contact the Data Controller using the details below.

7. Terms of Use & Privacy Statement Changes

Changes to our privacy policy will be posted on this web site. Changes will become effective upon posting of such changes.

8. Contact Us

If you have any questions about this privacy policy, the practices of this site, or your dealings with this web site, you can contact us using the details in the "Contact us" section of this site.

10. Effective Date

This terms of use & privacy statement is effective as of 1^st June 2009.

Fair Processing Notice

The Company shall comply with the provisions of the Data Protection Act 1998 ("the Act") in relation to the processing of any personal data it obtains from you. The Company shall comply with its online Privacy Statement at all times.

We may collect information from automatic network scanning, by means of entry by individual users, or by any other reasonable means.

Information will be held and used in order to provide the awdit service.

We may provide your information to third parties where permitted by law, or where required by a Court Order. In all other circumstances we will not share any personally identifiable information with third parties without your consent.

Our security

We take your security very seriously. Below you will find details of some of the measures we have taken in order to ensure the security of any information that we hold.

If you have any questions or concerns, then we would encourage you to contact us so we can discuss your concerns.

Security of Data

All data stored in our databases is encrypted using industry-standard encryption algorithms. This includes all user and company information either provided by the awdit network scanner or supplied by users.

User accounts and passwords

We do not store passwords in any shape or form. Instead we store a one-way hash of your password. When you enter your password we hash the text you have entered, and compare this with the hash stored in our database. If the two match, then access is granted.

By doing this we never have to store your original unencrypted password, and it is computationally impractical to reverse a hash to reveal the original password, even if our database were ever compromised.

One side effect of this approach is that we are unable to tell you your password if you ever forget it. All we can do is generate a new random password and email that to you.