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The following terms ("the Terms") govern the provision and your use of the Backupyourdataonline service (called the "Service"). Please read the Terms carefully before registering for the Service. You accept the Terms by clicking the "YES, I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS" button at time of software installation.
Access to the Service will be provided to you, once you have accepted the Terms and completed the registration process. On registration you will select a Username & Password. Your use of the service account in any manner, which is prohibited by these Terms, may result in termination or suspension of the Service.
You are responsible for the security of your password. We reserve the absolute right to suspend, terminate, or modify, for any or no reason, any User ID and/password provided to you for use with the Service.
If you have any queries concerning the Service or your account, you should contact customer care by emailing email@example.com
You are granted a non-exclusive, non-transferable, revocable licence with effect from your acceptance of the Terms to use the Service (and any software incorporated therein ("the Software")).
Save for the limited licence provided for above, you shall have no proprietary or other interest or rights in the Service.
You shall not without our prior written consent (other than to the strict extent that such act cannot be restricted by law):
The Terms may be changed (including any reasonable change to the charges for use of the Service) at any time provided that any change to charges will only take effect 30 days after the date of notification.
Any changes to the service will be notified to you by e-mail.
You will be charged in line with the subscription charges applicable for the level of service required. This will be payable annually in advance or monthly in arrears depending on the service subscribed to. Such sums are expressed to be exclusive of VAT. All amounts owed will be invoiced to you on an annual or monthly basis depending on the contract type subscribed to.
When paying by credit or debit card, you must provide your card information for initial usage. Ongoing fee payments will be collected automatically from your credit or debit card. All charges you incur for use of the Service will be charged to your account in accordance with the credit or debit card information you provide. If we do not receive payment from the card issuer, you agree to pay us all amounts due upon demand.
The service will automatically upgrade the level of storage according to your individual requirements. This means that should you use more storage than you have paid for, your account will be upgraded to accommodate this increased storage requirement. Additional storage will be invoiced for and payment will be made as per your selected payment method and/or automatically debited from the credit or debit card provided at the time of subscription (if paying by this method). These upgrade payments are in accordance with the payment table on the Backupyourdataonline website and are charged pro-rata to the amount of time remaining on the annual contract or in the case of monthly payments will correspond to the monthly charges applicable for the storage used in that month.
Commercially reasonable actions to validate your credit or debit card details may be taken. If for any reason your credit or debit card cannot be validated or the transaction is prevented from occurring or we do not receive payment by any other method Backupyourdataonline will make all reasonable endeavours to make you aware of this. If, following these endeavours no effort is made to remedy the situation by the subscriber and the transaction remains outstanding for longer than 30 days Backupyourdataonline reserve the right to suspend or even terminate the account at this time.
Please note that even if your account is suspended or shut down you will still be liable for all outstanding payments. In addition, a minimum GBP40 + VAT administrative fee will be added to your outstanding invoice.
Please also note that if you pay monthly for the service and we are unable to collect payment after 30 days, the monthly payment option may be revoked and full payment may be requested for the entire balance of the remaining contract term. This will be calculated by taking the monthly premium owed multiplied by the number of months left unpaid until the renewal date. In addition a £40 + vat administrative fee for late payment will be added.
We reserve the right to change the monthly / annual amount payable by you by providing you with 14 days written notice prior to collection of any payment including that by credit or debit card.
Please be aware that card payments are collected via Sagepay secure payment services (part of Royal Bank of Scotland) and the Backupyourdataonline transaction will appear on your statement as "Sincordia".
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
You unconditionally agree:
You warrant that by registering for and continuing to use the Service that you are of legal age and capacity.
Unless otherwise stated you agree that the Service shall be provided for a minimum period of one year ("the Initial Term") commencing on the date on which you confirm acceptance of the Terms and shall continue thereafter for successive 12 month terms ("Renewal Terms") unless and until you notify us in writing at least thirty (30) days prior to the end of the Initial Term or any of the Renewal Terms.
If you require that we cease to provide The Service by notifying us of that fact in writing at any time prior to the expiry of the Initial Term or Renewal Terms (other than for our default), no refund will be offered irrespective of whether or not you actually use the Service. In addition, if you pay monthly for the Service and cancel part way through the contract full payment will be requested for the entire balance of the remaining contract term. This will be calculated according to the monthly premium owed or most recently paid multiplied by the amount of months left unpaid until the renewal date.
We confirm every cancellation request within 5 days. For the avoidance of doubt no request for cancellation of the Service shall be valid unless confirmed by us. If you do not hear from us within this time you should assume we did not receive your request and you should contact us again.
Furthermore, we may withdraw the Service or you may require that we cease to provide the Service if:-
In the event of termination of these Terms in accordance with this Clause 6, we shall continue to store all of your data, which is in our possession for a period of thirty (30) days from the date of termination. During this thirty (30) day period, you may make arrangements to collect the data. After the expiration of this period, your data will be removed from the server and destroyed.
If you wish to cancel your account without being charged you are required to notify us within the FREE trial period of your chosen subscription package, or prior to the date of your account renewing. For the avoidance of doubt, Backupyourdataonline contract terms are rolling and you are therefore responsible for notifying us of your intent to cancel the service. If we do not receive this notification from you prior to the date of your account renewing then your account will be deemed to have renewed and full payment for the service will be due as per the terms and conditions above.
Whilst we agree to use all reasonable endeavours to maintain the Service we give no warranties whatsoever in this regard and your sole remedy in the event that we do not maintain a reasonable service shall be to terminate the provision of the Service.
Except as set out expressly in the Terms, we do not make or give any condition, warranty or representation, whether express or implied, arising by statute, common law or otherwise, including but not limited to any implied terms, warranties or conditions of completeness, accuracy, satisfactory quality, merchantable quality or fitness for a particular purpose or the exercise of reasonable skill and care in relation to the Service, hereunder and all such conditions, warranties or terms are hereby expressly excluded.
Your sole right and exclusive remedy and our exclusive liability in the event of any breach of the Terms, or if you are dissatisfied for any reason with the Service or any guidelines or policies, is to require the cessation of the Service as provided in Section 6 (Termination) and to recover your direct damages up to a maximum of the amount you have paid for the Service during the period from the date of commencement of the Term to the date of termination.
We shall not have any other liability whatsoever to you and shall not be liable for any misrepresentation (save where fraudulent) or be liable in contract tort or otherwise for any indirect or consequential loss, loss of revenue, loss of profits, loss of business or goodwill, loss or damage due to corruption of data, loss of opportunity, howsoever caused, which arises out of or in relation to these terms and conditions and/or the provision of the Service.
Nothing in the Terms shall exclude or limit either party's liability for death or personal injury arising from its negligence or that of its servants, agents or employees.
You agree to defend, indemnify and hold us, our affiliates, contractors, service providers, employees, agents harmless, from and against any and all liabilities, cost and expenses, including reasonable attorneys' fees related to or arising from, any breach by you of the Terms, failure by you to perform your obligations, your use of the Service.
These Terms constitute the entire agreement between you and us, superseding any prior oral or other agreements about the Service.
Your use of the Service after the effective date of a change of the Terms constitutes your continued acceptance of the Terms and the Service, as amended.
If any provision of these Terms is determined to be invalid, all other provisions remain in force
You should send all written notices relating to the Service to: Sincordia Ltd, Unit 1 Holly House, Queensway, Leamington Spa, Warwickshire, CV31 3LU
These Terms will be governed by English Law and disputes relating to them will be submitted to the exclusive jurisdiction of the English courts.