The following terms ("the Terms") govern the provision and your use of the Online Backup service (called the "Service").
1. ACCESS
Access to the Service will be provided to you once you have 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, please contact Datamonster.
2. LICENCE
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):
(a) copy the whole or any part of the Software (save for one copy for back-up purposes only);
(b) modify, merge or combine the whole or any part of the Software with any other software;
(c) assign, transfer, distribute, sell, lease, rent, sub-licence, charge or otherwise deal in or encumber the Software;
(d) adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the Software.
3. CHANGES TO SERVICE
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.
4. CHARGES & PAYMENTS
You will be charged in line with the subscription charges applicable to the amount of storage used. This will be payable monthly in arrears. Such sums are expressed to be exclusive of VAT. All amounts owed will be invoiced to you on a monthly basis and are due 14 days after.
Data storage used will be invoiced for and payment will be made and/or automatically debited as per your selected payment method. Payments are in accordance with the payment table on the Datamonster website.
We reserve the right to change the monthly 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.
5. YOUR RESPONSIBILITIES
You unconditionally agree:
(a) to notify us promptly by e-mail if you suspect unauthorised use of the Service. Until you notify us, you remain responsible for such unauthorised use;
(b) to provide accurate and complete registration information (including, but not limited to, your name, postal or e-mail address, phone number, credit or debit card information) and to promptly report any changes in such information to us;
(c) that you are responsible for providing and maintaining all computer equipment and software necessary for you to access the Service;
(d) not to resell, remarket, or otherwise redistribute any portion of the Service;
(e) to comply with all applicable laws, regulations, or conventions, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, securities, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct.
You warrant that by registering for and continuing to use the Service that you are of legal age and capacity.
6. TERM AND TERMINATION
Datamonster do not require a notice period but do require confirmation in writing that you wish to stop using the service. Datamonster will charge for the rest of the month in which we receive notice that you wish to stop using the service.
Datamonster may withdraw the Service or you may require that we cease to provide the Service if:-
(a) either of us commits any material breach of the Terms and fails to remedy such breach within thirty (30) days after receipt of written notice of the same except in the case of failure to pay in which case the period is five (5) days;
(b) any party becomes or is deemed insolvent, ceases to trade or has a liquidator, receiver, manager, administrator or administrative receiver or similar office appointed in respect of the whole or part of its business or enters into any arrangement or composition with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumed all of its obligations, or is unable to pay its debts as they fall due within the meaning of Section 123 of the Insolvency Act 1986, or is made bankrupt, or undergoes a similar or analogous event in any jurisdiction.
Termination Consequences
In the event of termination of these Terms in accordance with this Clause 6 your data will be removed from the server and destroyed.
7. DISCLAIMER OR WARRANTIES
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.
8. LIMITATION OF LIABILITY
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.
9. INDEMNITY
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.
10. GENERAL
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:
1Vision IT Ltd
The Old Bank, 3-5 Lucius Street, Torquay, Devon TQ2 5UW.
11. GOVERNING LAW
These Terms will be governed by English Law and disputes relating to
them will be submitted to the exclusive jurisdiction of the English courts.
