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Cloud Backup Terms of Use

Read this document carefully. By using the Product or Service, as defined below, you acknowledge that you have read this contract and you agree to be bound by it. These terms are in addition to Computer FX Web Services General Terms & Conditions.

  1. Definitions
    1. "Computer FX" means Computer FX Limited and any associated group companies with registered office at 13 Yorkersgate, Malton, North Yorkshire, YO17 7AA, company number 722162469.
    2. "Package" means a collection of services provided by Computer FX.
    3. "Prices" means the Prices for the services set out in order form or as otherwise notified to You.
    4. "You/Your/End User" means the person or company who purchases services from Computer FX.
    5. "Cloud Backup Service" means the product provided by Computer FX and refers to the action of backing up your selected data to a remote server using the Backup Software.
    6. "Storage Platform" means the ATTIX 5 Storage Platform.
    7. "Cloud Backup" means the collection of stored data on the Storage Platform.
    8. "Backup Software" mean the software package, ClinkClick Attix5 Pro, installed by Computer FX on the client computer for the purpose of administering the backup service.
  2. Description of service
    1. The Cloud Backup service is an automated on-line data storage application that sends a mirror copy of data from the device (desktop or laptop) to a storage server for backup.
    2. Security: Data is stored using 448 bit Blowfish encryption in CBC mode. Data transmission uses SSL (1024 Bit RSA key exchange 128 Bit RC5 stream cipher). Stored files are located within a user-specific profile, which can only be accessed by the user with the correct username, password, and encryption key.
    3. Backup procedure: Initially, a backup is made of the identified data set, compressed, encrypted and transmitted to the storage platform which resides at a secure UK data centre. An incremental patch backup is then executed that extracts the binary changes made to data files and transmits the data to the remote storage platform.
    4. Backup scheduling: The scheduling system starts the backup process automatically. Any backup data set may be assigned one of the following schedule options - this is set up by the system administrator - hourly, daily, automatic (at log-on, log-off or connection) or on-demand.
    5. Data restore: A client interface enables users to restore individual files, folders or entire data sets by selecting the data required and the version date. A search facility is built into the restore function.
    6. The Backup Software is an automated on-line data storage application that sends a mirror copy of data from the device to a storage server for backup. The data on the server can be recovered directly to the user device via the client software or can be accessed via a secure web-browser interface from any other computer. Both the user and the administrator can initiate the recovery.
    7. Security: Data is stored using 448 bit Blowfish encryption in CBC mode. Data transmission uses SSL (1024 Bit RSA key exchange 128 Bit RC5 stream cipher). Stored files are located within a user-specific profile, which can only be accessed by the user with the correct username, password, and encryption key.
  3. Fees and Charges
    1. You will be liable to pay the monthly costs for Cloud Backup Service monthly in advance and in accordance with our Web Services General Terms and Conditions as follows:
    2. Monthly costs are calculated based on the amount of space required by you. You will be provided with a license for each device - each desktop/laptop computer/server on which you wish to backup. Service fees for storage space is determined by the size of space selected by you at the time of purchase and will be shown on your most recent invoice.
    3. Additional storage space is available at an additional monthly cost.
    4. Backup Software is provided at no additional cost an can remain in use while the period of Your Cloud Backup Service valid as set out on your invoice.
  4. Undertakings and Acknowledgements
    1. Computer FX undertakes to use its reasonable endeavours to provide the You with Cloud Backup Services on a 24/7 basis for the duration of the Service.
    2. Computer FX will monitor Your backup status and notify you if any problems become apparent. This does not replace Your responsibility to check that the Backup Software is performing the Cloud Backup as per the backup schedule specified in the Backup Software.
    3. Although Computer FX uses reasonable care and diligence to ensure that the Cloud Backup Services are available, accurate, complete, correct, error-free, secure, up-to-date and/or reliable, Computer FX does not warrant, represent or in any way guarantee, either expressly or by implication that the Cloud Backup Services are available, accurate, complete, correct, error-free, secure, up-to-date and/or reliable. Computer FX furthermore does not warrant, represent or in any way guarantee, either expressly or by implication the merchantability or fitness for a particular purpose of the Cloud Backup Services. The Cloud Backup Services accordingly are rendered "as is" and "as available" and are used at Your own discretion and risk.
    4. The following circumstances and/or events may impact upon the Your use of Cloud Backup Services and further that these circumstances and/or events are beyond Computer FX's control:
      1. use of Cloud Backup Services by other customers;
      2. the Internet;
      3. limitations upon national and/or international bandwidth capacity;
      4. telecommunication service operator failures, which include telecommunication links and line failures;
      5. mobile telecommunication service operator failures;
      6. mobile network failures;
      7. operating systems;
      8. access technology failures;
      9. quality of service of telecommunication links or lines;
      10. any action, omission and/or failure by You or Your systems, software, network and/or equipment which has an impact on Cloud Backup Services; and any other action, omission and/or failure not within Computer FX's control which has an impact on Cloud Backup Services.
  5. Amendments to the Service
    1. Should You be allowed by Computer FX to make any amendments to its Cloud Backup Services online, then the Web Services General Terms and Conditions, including this document shall apply automatically to such amendments, irrespective whether You have agreed to it at the time or not.
    2. Amendments to the Cloud Backup Service must be submitted by email or in writing.
  6. Use of the Cloud Backup Services
    1. Computer FX grants the You, for the duration of receipt of Cloud Backup Services, a limited, non-perpetual, non-exclusive, non-transferable license per server and per desktop/laptop computer/server in respect of which You want to use Cloud Backup Services, for the right to use the Cloud Backup Software and any other software required, in accordance with the provisions of the Standard Terms and Conditions for Web Services, including service schedule and/or in terms of written instructions provided to You by Computer FX from time to time.
    2. You undertake the use Cloud Backup Services solely for internal purposes and shall not be entitled to directly or indirectly transfer, distribute, re-distribute, copy, sell, re-sell, lease, rent, lend, license or sub-license Cloud Backup Services in whole or in part in any way whatsoever to any third party.
    3. You acknowledge that all title and intellectual property rights in Cloud Backups, including the Backup Software provided to You, are owned by and shall remain vested in Computer FX, its licensors or its suppliers, as the case may be. Except if otherwise agreed with You accordingly agree not to copy, duplicate, reproduce, transmit, modify, reverse engineer, decompile, or disassemble the Backup Software or any portion thereof in any way whatsoever and shall only use it for the purpose it is supplied.
    4. Computer FX represents that, to the best of its knowledge, the Backup Software does not infringe upon or violate any intellectual property rights of any third party.
    5. You acknowledge the nature of the Backup Software and accordingly agree that the specification and operation of the Backup Software is known to You and accept that it is suitable for the purpose it is intended to be used.
  7. Installation
    1. You hereby agree that the installation of the Backup Software on Your device(s) is in accordance with specific requirements pertaining to the installation and configuration of the Backup Software. Your requirements shall not fall outside the scope of the Cloud Backup Services provided by Computer FX.
    2. Installation must be performed by Computer FX staff either by remote access or directly on the hardware in store or at the Your premises.
    3. Any encryption key selected by the or transmitted to You by Computer FX during inisial setup is Your own and absolute responsibility and if lost Computer FX shall not be able to provide it to You resulting in any backups made by You using the Backup Software to be of no use.
    4. Although Computer FX shall use the necessary skill and diligence when attending to the performance of any functions/tasks contemplated in clause 4.3 it shall be done at the Your own risk.
    5. Since the You are responsible to determine the selection of what data the You want to backup, Computer FX, its licensors or its suppliers take no responsibility in any way whatsoever for any such backup performed by it in accordance with the Your selection.
  8. Customer Undertakings
    1. You specifically agree that You shall not:
    2. circumvent any component and/or process of the Backup Software or cause it to be done in any way whatsoever; and
    3. use/access Cloud Backup Services or cause it to be used and/or accessed in any way other than authorised by Computer FX as set out in this document.
  9. Storage
    1. The maximum storage space per desktop computer, laptop computer, tablet or server shall be the storage space, as indicated on the most recent invoice provided by Computer FX until its expiry date or as it may be amended by the parties from time to time by agreement, in writing.
  10. Restoration of Data
    1. No additional monthly costs are charged for online restoration of Your data on a Your device from a Cloud Backup if done by You.
    2. Computer FX can be commissioned, for a fee, to help with the recovery of data from a Cloud Backup at Your request. Fees are agreed on a case by case basis at the time requested.
    3. Although Computer FX shall use the necessary skill and diligence when attending to the restoration of your data, such restoration shall be done at the Your risk and Computer FX does not guarantee that such restoration shall be successful.
  11. Hosting
    1. Computer FX shall host the Your data on the ATTIX 5 Storage Platform provided by our ATTIX 5 authorised supplier, over which Computer FX has no direct control.
    2. You acknowledge that Computer FX has no access to Your data or access to filter Your data or intercept Your data and You are responsible and accountable for all the data and the contents thereof. Computer FX shall not be liable for any illegal action or omission, including without limitation, improper use, misuse, neglect or abuse. Furthermore You shall not hold Computer FX and/or its licensors liable for loss of data as a result of network interruptions, loss of power and or faulty hardware. You indemnify Computer FX and its licensors from such loss of data hosted on the Storage Platform.
  12. Termination
    1. Upon termination of Cloud Backup Services and/or the termination of any license for any reason whatsoever, whichever is applicable, and You shall immediately cease any use of Cloud Backup Services, which shall include the devices, any Backup Software, Cloud Backup restoration data and other related software. You shall ensure that any Backup Software shall be removed from the relevant devices(s).
    2. All data stored on the Storage Platform shall be deleted upon termination. You must ensure that all Your data is exported to Your own storage device and Computer FX shall not be responsible in any manner whatsoever for data and/or the loss thereof due to the termination.
  13. Liability
    1. You accept full responsibility for the content of any Cloud Backup delivered/transmitted/sent/stored using the Cloud Backup Service. You furthermore agree that Computer FX has no interest in the contents of any such Cloud Backup and agrees that nothing that Computer FX, its licensors or its suppliers do in the performance of its/their obligations in terms of Cloud Backup Services shall be construed as an assumption of responsibility or liability by Computer FX, its licensors or its suppliers of the content/data which is delivered/transmitted/sent/stored using the Cloud Backup Services whether or not Computer FX, its licensors or its suppliers had knowledge of such content/data. You indemnify Computer FX, its licensors or its suppliers and agrees to hold Computer FX, its licensors or its suppliers harmless from and against losses or damages suffered or incurred by Computer FX or for any such claims instituted against Computer FX by a third party, arising out of or relating to the delivering/transmitting/sending/storing of any data or content via Cloud Backup Services.
  14. Licensor's (Attix5) End-User License Terms
    1. The Backup Software and the software documentation and the copyright and other intellectual property rights of whatsoever nature therein and thereto are and shall remain the property of Attix5.
    2. The End User acknowledges that the Backup Software may contain technology / software that has been supplied to Attix5 under license and that the copyright and all proprietary rights in such technology / software shall be with the relevant Licensor and / or owner.
    3. The End User shall notify Attix5 or Computer FX immediately if it becomes aware of any unauthorised use of the whole or any part of the software or software documentation.
    4. The End User shall during the continuance of the License:
      1. effect and maintain adequate security measures to safeguard the Backup Software and software documentation from access or use by any unauthorised persons;
      2. keep the Backup Software and all copies thereof and the software documentation under the End User's effective control.
    5. Subject to the conditions and limitations on liability stated herein, Attix5 warrants that, when delivered and for a period of 60 (sixty) days thereafter, the Software licensed hereunder will materially conform to the Software as demonstrated to the End-User prior to the installation thereof, however Attix5 does not warrant that the operation will be uninterrupted or error free. All claims and remedies are limited in the manner expressly provided in the agreement between Attix5 and its Authorised Partners.
    6. The sole and exclusive remedy of End User, insofar as the agreement between Attix5 and its Authorised Partners provides, for any breach of Attix5's warranty shall be to obtain from Attix5 via the Authorised Partner the repair or replacement of the defective Software that is returned to Attix5's offices or the offices of its Authorised Partners, with the freight prepaid. Attix5's warranty shall apply for the period of 60 (sixty) days for the Software following the date Attix5 or its Authorised Partners make Software available to End User.
    7. This warranty will only apply for problems reported in writing to Attix5 or the applicable Authorised Partner during such warranty period and will not apply if:-
      1. the Backup Software is not used in accordance with the software documentation;
      2. insignificant defects, such as errors that can be easily corrected and will not show up as a performance defect;
      3. the Backup Software or any part thereof has been altered, modified deleted or added by End User or any other third party without the prior written consent of Attix5;
      4. a defect in the Backup Software has been caused by any of End User's malfunctioning equipment; or
      5. any other use within the control of End User results in the Software becoming inoperative.