Data Safehaven - Online data backup & webAccess
Description
of Services
The Customer will be offered the use of the Software to securely backup and retrieve their data
on-line via any TCP/IP connection to the Data Safehaven Online Backup storage platform, where such backed up data will be
stored. The Datasafehaven Online Backup storage platform is hosted in a secure environment.
The Customer will be provided with the client application, normally through the offer of a free
trial. The Customer will then be required to provide name, password and encryption key. This encryption key will not be stored
by the system. Accordingly, if the Customer loses this information, the data cannot be recovered.
The Customer can then select and schedule their backup set. The Customer
can restore their data whilst online. After the initial backup, incremental backups are done for a two
calendar month period. At the end of that period, the oldest month is consolidated into a single backup volume, with the last
version of all files selected at the end of that month, until a further month has elapsed, when the cycle is repeated. Customers
of the service are able to access specific backups up to the month end consolidation allowing restores to be effected from
any point within the cyclic one to three month window.
TERMS
AND CONDITIONS
1.
DEFINITIONS
"Data
Safehaven” “we” “us” means Datasafehaven Ltd. “you” means the
Customer. “The Software” means all or any computer programs provided by Data Safehaven to you, whether such programs
are produced by Data Safehaven, or are sold or leased as distributor or agent of a third party whether by licence or through
the public domain. “The Internet” means the worldwide collection of equipment and systems that
include but is not restricted to access to items of service (“the Internet Service”). “The Services”
means the Data Safehaven Online Backup solution as outlined in the Description of Services above.
2. LICENCE AGREEMENT
The copyright in the
software provided, and any updates and supplements to it (“the software”) is owned by Attix5 (“the owner”).
You may not use or access the Software, copy or modify it in any way without the licence of the owner.
The owner offers you a non-exclusive licence on the terms of this agreement.
3.
Data safehaven OBLIGATIONS
When the Services are operational, and connected to the Internet Service, we shall make all reasonable efforts to
ensure that the Services are maintained and are fully available to you 24 hours x 365 days per year. We
will use reasonable endeavours to answer by mail any queries that you may have about the service.
4. PAYMENT
Save as appears below, the charges set out on the Data Safehaven website, provided
by email or in writing, are non-refundable and for a minimum period of three months.
The charges may be reviewed from time to time. Customers will be given a minimum of one month's
notice of any changes. You must pay in advance either quarterly or annually
as specified on the website. Unless otherwise stated, all
charges are exclusive of VAT. Payment will normally be due within 3 working days from account subscription
date. Where payment has not been received within 7 working days, backup services may be suspended on the account.
If payment still has not been received within a further 7 working days, we reserve the right to remove all backed up
data from the backup servers. Where any payment from you remains due and unpaid we will be entitled to charge interest at
2% above NatWest plc base rate for the time being accrued daily. You may not withhold payment for the Services
by reason of any outstanding claim under this or any other agreement with us.
All payments are non-refundable and non-returnable. You agree to
pay us on our notification of amount due or on presentation of our invoice. Any delay in payment will entitle
us at our sole election to suspend the service and/or to apply liquidated damages. Save as allowed by law,
payment due for services provided shall not be withheld on grounds that any claim is outstanding.
5. RESTRICTION
OF LIABILITY
You hereby confirm that you have not relied upon any representation made by us or on our behalf, which has induced
you to enter into this agreement except as is provided herein. If we delay or fail to perform our obligations
under this agreement our maximum liability is limited to the amount already paid by you under this agreement for the Services
(excluding VAT or other tax). Subject to this we shall not be liable to you for any claims loss damage (including consequential
loss or damage) of whatsoever nature and howsoever caused except as is provided by statute. Except for the terms of this agreement
(or required by law) no other conditions warranties terms representations and undertakings apply. If we are prevented from providing the Services for any reason beyond our reasonable control, we may suspend or delay
delivery of the Services and shall not be held responsible or liable to you for our inability to deliver them. We cannot guarantee
the proper delivery of any email message or other data item once it has left the confines of our network, and similarly we
cannot guarantee that data traffic will be delivered or that its contents will be held secure once it passes from our control.
6.
UNLAWFUL USE OF THE SERVICE
You warrant and undertake that neither you nor any person authorised by you will
knowingly publish or transmit over the Internet nor store on the Datasafehaven Online Backup Storage Platform any material
that is obscene, threatening, defamatory or likely to cause offence or which in any way infringes the intellectual property
rights of another party. You hereby
agree to indemnify and hold us harmless from any and all demands losses claims proceedings damages costs and expenses including
legal fees arising out of any claim against us in relation to such materials.
7. TERMINATION
The Agreement shall
continue unless terminated by either party giving to the other not less than the notice shown below, with prior written notice
to expire on the day the Subscription Fee is due and payable.
Termination notice for Desktop and laptops – one calendar
month.
Termination notice for Servers – 3 calendar months.
We reserve the right to terminate this Agreement at any time if you
become the subject of a receivership winding up administration or bankruptcy order (or a petition is presented in respect
of any of these) or if it otherwise appears to us that you are insolvent and unable to pay your debts as they fall due.
Any termination shall be without prejudice to our other rights or to your liability for amounts payable under this
agreement.
8.
GENERAL
This agreement contains all the terms agreed between us and supersedes any previous communications
representations or agreement by either of us including any terms and conditions on your order. No modification
of this agreement will be accepted unless made in writing and signed by one of Data Safehaven’s Directors.
We may assign
our rights and obligations under this agreement. You may only assign your rights without further payment
only with our written consent (not to be unreasonably withheld) where the assignment is to a parent affiliate or subsidiary
corporation purchasing all or substantially all your assets or where you merge with another corporate entity or partnership
providing in each case the proposed assignee is not in our reasonable opinion a competitor.
The waiver by either party
of any breach of these Terms and Conditions will not prevent the subsequent enforcement thereof and shall not be deemed a
waiver of any subsequent breach. If any part of this agreement is adjudged by a court of competent jurisdiction
to be invalid such judgment shall not affect the remainder of this agreement, which shall remain in full force and effect.
Notices are to be given by first class mail.
English Law shall govern this Agreement and the forum for settling any dispute shall
be the English Court.
