Terms and Conditions

 

Archive365 Limited Trading as Archive365.co.uk Terms and Conditions  Rev 20.05.2012

1.All software provided by Archive365 Limited is on an "as is" basis with no warranties of any kind and Archive365 Limited will not be liable for any damages of any kind arising from the use. Archive365 Limited further disclaims all warranties, express and implied, including without limitation,any implied warranties of merchantability or fitness for a particular purpose.

2. Archive365 Limited grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Archive365 Limited for personal use only. Redistribution of programs owned by Archive365 Limited, unless explicitly granted by Archive365 Limited, is strictly prohibited.

3. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of Archive365 Limited or its content suppliers and is protected by international copyright laws. All program used on this site is the property of Archive365 Limited or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless it is explicitly permitted, is prohibited by law.

4. Archive365 Limited may send notices to you via either email or regular mail. Archive365 Limited may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by Archive365 Limited

5. While it is Archive365 Limited intent to monitor your online communications, Archive365 Limited reserves the right to edit or remove content that we become aware of and determine to be harmful and offensive to the general public. Termination or suspension of your account may be resulted as a consequence to the violation of this rule.

6. The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect as a spamming tool, or other than it is intended, is prohibited.

7. Archive365 Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.

7a. Archive365 Limited Normal Hours of Business are Monday to Friday 9.00am to 5.30PM, Excluding Bank Holidays in England. Support is available 24/7/365 by emailing your issue to support@archive365.co.uk

8. You are expected not to use the services provided by Archive365 Limited for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when Archive365 Limited  is aware of any of these activities.

9. Archive365 Limited shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Archive365 Limited or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Users are the ones who have the knowledge of their encrypting keys. They have the sole responsibility to make sure their encrypting keys are kept in a safe and secure place. Archive365 Limited shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key.

11. Archive365 Limited accounts will not be activated or reactivated without prior payment.

12. All fees and renewal fees are due on or before the due date of the renewing account.

13. Incomplete, incorrect or questionable signup information can result in an account NOT being activated.

14. Any losses or expenses experienced by the Customer, due to actions taken by Archive365 Limited  in response to Customer non-payment, are not the responsibility of Archive365 Limited.

15.By purchasing Archive365 Limited , you are agreeing to allow Archive365 Limited  to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.

16. If Archive365 Limited  is unable to process a payment for your plan by its due date, Archive365 Limited  may immediately, and without notice, suspend your account by disabling service features in whole or in part. Any such suspension will continue until payment is successfully processed. Furthermore, in the event your account has been placed in suspended status for non-payment, Archive365 Limited  may permanently disable service features and terminate your account on written notice of thirty (30) days. For clarification, Archive365 Limited may issue such notice by sending an e-mail message to the registered e-mail address associated with your account.

17. Other than for your failure to comply with the applicable Mozy End User License Agreement Archive365 Limited  will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days after account termination. Archive365 Limited  has no obligation to provide you with a copy of your Data and may remove and discard any backup data.

18. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.

19.Refunds on multi-period plans (i.e. annual and biennial plans) may be granted on a prorated basis for the unused portion of the period purchased, in whole month increments, and not including the current month.

20.If you do not wish to continue services with Archive365 Limited, or do not wish to renew your account, it is your responsibility to cancel your account prior to your renewal date to avoid further charges.

21.You are free to cancel your account at any time. Similarly, Archive365 reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the Mozy EULA.

22.You have ninety (90) days to dispute any charge or payment processed by Archive365 Limited. If you have a question concerning a charge you believe is incorrect, please contact us at support@archive365.co.uk.

23. Service Level Agreement, Archive365 Limited (Business users)

This Service Level Agreement ("SLA") covers performance guarantees for our online backup service for Business Users only, and is made between Archive365 Limited ("Archive365 Limited ", "we", "us", "our")and you ("User", "you"). Defined terms have the same meaning as in the Terms and Conditions (where applicable).

Archive365 Limited  may change the terms of this Service Level Agreement at any time by posting a revised version on its website. Notifications of updates will not be made directly to any individual or company. Continued use of the Services shall be deemed to constitute acceptance of any updates.The following SLA applies only to Business Users as set out in Clause 2.1 of the Terms and Conditions. Data Centre Configuration, The Archive365 Limited Data Centre is architected to deliver the system uptime, security and reliability set out in this SLA.

24. System Availability Guarantee,We offer a 99.9% uptime guarantee (excluding Maintenance as defined below and subject to the paragraph headed "Force Majeure"). This means that for any given month, while unlikely, it ispossible that we may experience an average downtime of up to 43.2 minutes per month excluding Maintenance. If downtime exceeds this figure, your rights are set out below.

25. File & Application Data Restore Guarantee, Files and application data may be restored in accordance with Clause 1.5.2 and 1.5.3 of the Terms and Conditions, and the availability of the system will be as set out above under the heading "System Availability Guarantee".

If the User is unable to restore the data, Archive365 Limited will make the data available to access from within the software or web interface,within 5 hours (within the standard office hours set out in Clause 7 of the Terms and Conditions).Where the User contracts for the recovery service for data onto a CD/DVD disc, Archive365 Limited  will send these discs to the User within 48 hours of agreeing to provide such discs.

26. Disaster Recovery Guarantee,In the event of a major data loss by the User involving the loss of entire servers and their contents, where such servers and files are legitimately backed up on the Archive365 Limited Backup System, we will make reasonable efforts to provide assistance to the User in order to restore the system to its original operational state. We will provide such support as is reasonably necessary to work with the User or its suppliers in order to ensure that system files and data files are restored to any replacement hardware subject to the condition that such replacement material is correctly configured, specified and available. There may be a charge for this service, which shall be agreed between Archive365 Limited  and the User prior to such service being provided.

26a. Support Guarantee. Archive365 Limited  will use its reasonable endeavours to respond to all non-critical support queries within 24 hours. If a query is critical (in Archive365 Limited reasonable opinion), Archive365 Limited  will use its reasonable endeavours to contact you within 4 business hours

27. Notification of non-performance, To be eligible for compensation under the any of the above Guarantees, the User must notify Archive365 Limited  of a possible incident within 12 hours of Archive365 Limited  failure to comply with the applicable Guarantee. Upon opening a support ticket, we will ascertain whether the failure was caused by an event within Archive365 Limited  reasonable control. We will make reference to system log files to confirm the appropriate breach of the performance Guarantee.In the event of a disaster, notification of the actual disaster by email or telephone to the Support Team is acceptable, where the Support Team will investigate into the reported issue and use its reasonable endeavours to work with the User to restore the data.

28. Compensation Payments, In case of non-performance under this Agreement, unless the non-performance arises from an event of force majeure as set out below, or from one of the situations set out under the heading"Exclusions", the User will be compensated as follows:

System Availability Guarantee - if an outage exceeds 43.2 minutes, we will refund 5% (five percent) of the User's base monthly recurring fee per full hour of downtime, up to a monthly maximum of 100% (one hundred percent) of the base monthly recurring fee.

File & Application Data Restore Guarantee - if a file or set of files backed up is not recoverable within 5 hours of the initial request, we will refund the User 5% (five percent) of the User's base monthly recurring fee for each GB (Gigabyte) of non-restorable data, up to a monthly maximum of 100% (one hundred percent) of the base monthly recurring fee.

If the User is entitled to recover under more than one guarantee, the remedies are not cumulative and the User will be entitled to recover under one guarantee only. The relevant category will be the highest applicable refund for such month. In all cases the maximum payment in any one month will not exceed 100% of the User's base monthly recurring fee.

Exclusions

Archive365 Limited  shall not be deemed to have failed to meet any guarantee where the failure arises from:

(1) failure of the User's telecommunication links or other telecommunications links or access circuits outside Archive365 Limited control which prevent access to the Archive365 Limited  systems, as set out in Clause 1.5.11 of the Terms and Conditions;

(2) failure of the User to comply with the Contract or the User's negligence;

(3) the User's configuration of the Product or any custom scripting or coding (e.g., Command Line Scripts running Pre-backup or Post-backup) by or on behalf of the User;

(4) SLA breaches reported as a result of outages or errors of any Archive365 Limited measurement system;

(5) failure of the User's hardware equipment or software, or any other hardware or software installed on or connected to the Users computer or server which is outside the control of Archive365 Limited  or

(6) your failure to comply with any of the conditions set out in the Terms and Conditions.

29.Refund Procedures, Users must notify us via email to support@archive365.co.uk or via fax to +44 (0)845 6539 365, indicating that they wish to pursue their rights as guaranteed by this SLA within 7 days of the incident. If a response from us is not received within 24 hours, the User should assume that a technical difficulty has prevented us from receiving their request, and should contact our personnel via telephone at +44 (0)845 6539 365. Refunds will be payable by Archive365 Limited  following the end of the month during which the failure to comply with this SLA occurred.

30. Maintenance means

(1) any scheduled maintenance at the Archive365 Limited Data Centres, where the User is notified 48 hours in advance by telephone, email, fax or by a message posted on the Archive365 Limited website. Maintenance can be scheduled on any day of the week, including weekends, and can be at any time of the day although we will use our reasonable endeavours to carry out scheduled maintenance outside normal business hours.

(2) any emergency maintenance at the Archive365 Limited  Data Centres which has not been notified to the User in advance, but is reasonably necessary in order to ensure the continued provision of the Service.

Force Majeure

Neither party shall be liable for any failure or delay in performance of the Contract (other than an obligation to make payment), which is caused by circumstances beyond the reasonable control of that party including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, requirements or regulations or any civil or military authority, acts of war (whether declared or not), civil unrest, acts of God, earthquake, flood, riot, embargo, government act, terrorist action, DNS caching, propagation or other DNS issues outside Archive365 Limited reasonable control or failure or outage of any telecommunications links or other connections forming part of the internet which are not under the control of Archive365 Limited.