26 Cloud Backup Agreement
This entire clause 26 relates to the Cloud Backup Product.
26.1 Representations by us
26.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 26.1.2;
- You can only expect Services in accordance with the terms of this Agreement, and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 26.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
- We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this Agreement and any agreement of our third party suppliers.
- A Cloud Backup plan covers the amount of disk space advertised on our website. You must purchase additional upgrades or change to another plan if you require more disk space.
- Any data stored as part of the Cloud Backup service will be deleted within 90 days of the expiration of the Cloud Backup licence.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilised to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund,
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
- We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit over payments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service;
- We believe you have breached your agreement with clause 26.1.1 in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 26.2 of these terms in any way whatsoever at any time after indicating your agreement to these terms.
26.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this time frame. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 26.2.1 of this Agreement. Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
26.3 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account;
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination;
- You fail to comply with any provision in this agreement or those referenced in this agreement;
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights;
- We deem your use of our services may jeopardise the operation of the service, us or our suppliers; or
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 26.2. If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately;
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation;
- We may immediately delete all data held prior to cancellation;
- We may perform any action without notice; and
- Any amounts paid by you in advance are forfeited upon the termination of your account.
We reserve the right to suspend or terminate your access to this Service, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to;
- If you breach these terms;
- You or any person using your account, whether with consent or not, misuses the Service;
- Incorrect information given by you to us; or
- There are reasonable grounds for us to suspect any of the above.