GENERAL TERMS & CONDITIONS

Acknowledgment

Please carefully read the following Terms and Conditions of Service before installing any Software or accessing the Service. Use of the Software and of the Service is undertaken on the basis of these Terms and Conditions of Service. If you choose not to read these Terms and Conditions of Service, but use the Software or Service, then you are deemed to have accepted these Terms and Conditions of Service as though you had read them and explicitly agreed to them.

 

Definitions

In these Terms and Conditions of Service, the following words or expressions have the meaning as shown hereunder:

 

“Service” means the Backup My Business Ltd offsite backup service for the storage and recovery of computer files as referred to herein.

 

“Software” means all software used by Backup My Business Ltd which is installed on your computer and through which Service is delivered; and includes all related components of the Software and any upgrades or amendments to the Software from time to time.

 

“Subscriber” means the person or entity who agrees, pursuant to these Terms and Conditions of Service, to install the Software and access the Service. The Subscriber is also referred to as “You” in these Terms and Conditions of Service.

 

“Associates” means all parties associated in any way whatsoever with Backup My Business Ltd including without limitation the suppliers, employees, officers, parents, subsidiaries, affiliates, associates, directors, contractors, sub-contractors, co-branders, partners, solicitors or agents of Backup My Business Ltd and includes, natural persons or corporations or other entities.

 

Governing Law

These Terms and Conditions of Service are and shall be governed by and construed in accordance with the laws of the Republic of Ireland. The parties hereby consent to the exclusive jurisdiction of the Irish Courts to settle any disputes which may arise in connection with these Terms and Conditions of Service.

 

Parties

These Terms and Conditions of Service are between The Subscriber and Backup My Business Ltd for the use of the Software and the Service. The Subscriber is responsible for ensuring that any and all users of the Service abide by these Terms and Conditions of Service.

 

Use of Software License

The Subscriber has limited rights to use the Software. The Subscriber does not own the Software. Backup My Business Ltd grants The Subscriber non-exclusive rights to use the Software as follows:

Please note; the Subscriber must register with Backup My Business Ltd, his intent to use and license each individual Personal Computer or Server for the Service of Backup My Business Ltd, prior to installing the Software.

 

Any other uses of the Software are prohibited. You are not authorised to use, copy, modify or transfer the Software, wholly or part of, except as provided for in these Terms and Conditions of Service. You may not reverse engineer, decompile, or disassemble the Software, nor derive or attempt to derive any source code from the Software. If you transfer the software directly to a third party, you may not retain any instances of the Software unless registered for those additional rights with Backup My Business Ltd. The Software is subject to the applicable export laws and regulations.

 

Purpose and Use of the Service

The purpose of the Service is to provide to the Subscriber a backup of files selected for transfer by the Subscriber to a safe offsite location from which such files can be recovered in the event of those files being lost from the Subscriber’s computer for any reason.
Use of the Service consists of the Subscriber to the Service electronically transmitting encrypted data via the Software over the Internet to a location maintained by Backup My Business Ltd, or its associates, the storage of that encrypted data at that location, and if required, the retrieval of a copy of the said data by the Subscriber.

 

The Subscriber acknowledges that for the backups to occur on an automatic basis as intended, the Subscriber’s computer must be turned on, powered up, and connected to the Internet.

 

It is recommended that the Service be accessed at a time at which Internet bandwidth is most likely to be at its maximum, and use of your computer’s resources is least likely to impact on the use of the computer in your business.

 

The Service is provided through the Software which is installed on your computer. On occasion the licensor of the Software may wish to enhance and make changes to the Software through an auto-update feature. Your continued use of the Service constitutes your acceptance of automatic updates of the Software.

 

Illegal Use

The Subscriber shall not use the Service for the storage, possession, creation or transmission of any information, which violates any law, statute, ordinance or regulation or that, may in any manner injure any party or property. Such uses include but are not limited to use of the Service for stolen materials, obscene materials or child pornography. Information which is defamatory, libelous, unlawfully threatening or unlawfully harassing, is obscene or indecent in violation of applicable law, or any use intended to damage any system or data including the propagation of viruses, worms, Trojans or other such programs.

 

Copyright

The Software and information provided through the Software and in relation to the Service are protected by international copyright laws and other intellectual laws and treaties. Backup my Business Ltd, its suppliers or associates own all intellectual property rights associated with the Software or Service. By subscribing to the Service you are granted limited rights to use the Software and Service in accordance with these Terms and Conditions.

 

Service Fees, Payment & Termination.

The Subscriber is not required to pay for downloading or installing the Software, but is required to pay for the use of the Service. The fees charged for the use of the Service are based on an annual subscription billed in advance, which subscription may vary depending on the size and type of account required, and the agreed payment plan. I.e. 1 month, quarterly or annual billing. All prices exclude VAT which will be charged at the current applicable rate.

 

If the fees are not paid in accordance with the agreed payment terms. I.e. within 30 days of the billing date, Backup My Business Ltd reserves the right to cancel The Service. Cancellation will terminate the license and will deny the Subscriber and their designated Users access to, and use of the Service. All of the Subscriber’s data will be deleted from Backup My Business Ltd servers 30 days after termination of the Service for reasons of non-payment or for other reasons set forth elsewhere in these Terms and Conditions of Service. Backup My Business Ltd may terminate The Service with or without prior notice if the Subscriber fails to comply with any of these Terms and Conditions of Service.

 

Backup My Business Ltd offers a Thirty Day 100% Money Back Guarantee which allows the Subscriber to cancel his subscription, thereby terminating the Service within thirty days of the initial subscription with a full refund. The Subscriber must notify Back up My Business Ltd of such cancellation in writing within the 30 day period by emailing cancellations@backupmybusiness.ie or by letter to our registered postal address. The Subscriber may at any other time terminate the Service upon 14 days written notice to Backup My Business Ltd. Backup My Business Ltd will not provide a refund for the unused portion of the Service if cancellation notice is received outside the initial 30 day money back guaranteed period.

 

Upon expiration of the 12 month period of Service, unless otherwise terminated the Service is renewable by annual subscription.
Upon expiration or termination of Service, The Subscriber shall immediately cease all use of the Software and Service and destroy all copies of the Software and relevant documentation.

 

Warranties, Liability and Remedies.

Neither Backup My Business Ltd, nor any of its associates warrant that the Service will be uninterrupted or error free. The Software and Service are provided on an “as is” basis without warranties of any kind, express or implied, to the extent permitted by law, including but not limited to any implied warranties of merchantability or fitness for a particular purpose; nor does Backup My Business Ltd or its associates make any warranty as to the results obtained from use of the Software or Service

 

Neither Backup My Business Ltd, nor any of its associates will be liable for any consequential, incidental or special damages, losses relating to business interruption, loss of information or loss of profits resulting from The Subscriber’s use or inability to use the Software or Service, even if Backup My Business Ltd has been advised of the possibility of such potential loss or damages.
In the event of any claim for damages for failure of the Service, Backup My Business Ltd’s entire liability and the exclusive remedy of the Subscriber shall be limited to the refund of fees paid by the Subscriber for the period, I.e. 12 months (if paying annually), 3 months (if paying quarterly), or 1 month (if paying monthly). preceding the event which forms the basis of the claim.
Bailment and Responsibility for Passwords

 

No Bailment or similar obligation is created between the Subscriber (and/or the Subscriber’s designated users) and Backup My Business Ltd or its associates with respect to the Subscribers stored encrypted data. The Subscriber is solely responsible for maintaining password confidentiality, restricting the use of passwords by his designated users, and for the use of the Service through such passwords.

 

BACKUP MY BUSINESS LTD SHALL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO THE SUBSCRIBER, THE SUBSCRIBER’S DESIGNATED USERS OR OTHER USERS OF THE SERVICE TO MONITOR, SUPERVISE OR OVERSEE THE CONTENTS OF FILES STORED ON THE SERVICE. BACKUP MY BUSINESS LTD IS NOT RESPONSIBLE FOR PROVIDING THE SUBSCRIBER WITH PASSWORDS IN THE EVENT OF LOST OR FORGOTTEN PASSWORDS.

 

PLEASE NOTE:

WITHOUT THE CORRECT PASSWORD, THE SUBSCRIBER’S DATA WILL REMAIN ENCRYPTED AND INACCESSIBLE FOREVER.

 

Amendments

Backup my Business Ltd reserves the right to make amendments to these Terms and Conditions of Service from time to time. The Subscriber is responsible for checking for any updates to these terms and conditions of Service as notification of amendments will not be otherwise provided. The Subscriber agrees to be bound by any amended Terms and Conditions of Service whether or not he has read the new Terms and Conditions of Service.