Online Backups terms & conditions

Terms and Conditions for the provision of services by www.backed-up.net (Logical Progress Ltd)

The following Terms and Conditions form a legally binding agreement for your use of the www.backed-up.net (Logical Progress Ltd) service (called the "Service").

Please read the Terms and Conditions carefully before registering for the Service. Your acceptance to the Terms and Conditions are constituted by ticking the "Yes box” which reads “I have read and agree to the terms and conditions before downloading the software installation provided by www.backed-up.net.

1. Usage of the Service
Access to the Service will be provided to you, once you have accepted the Terms and conditions and fulfilled the requirements of the registration process.

1.1 On registration you will receive an encryption key which will access you to the service. Your use of the service account in any manner, which is prohibited by these Terms and Conditions, may result in termination or suspension of the Service.

1.2 You are responsible for the security of your encryption key. We reserve the absolute right to suspend, terminate, or modify, for any or no reason, any access provided to you for use with the Service if we have reason to believe that the terms and conditions of this agreement have been breached.

2. Licence
You are granted a non-exclusive, non-transferable, revocable licence with effect from your acceptance of the Terms and Conditions 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.

3. Developments and upgrades to the 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. Cost of the Service
You will be charged accordingly as per the published costs that are listed on www.backed-up.net website that relate to the appropriate subscription charges applicable for the level of service required.

4.1 This will be payable annually in advance or monthly in arrears depending on the service subscribed to. Such sums are expressed to be exclusive of VAT. VAT will be charged at the current rate. All amounts owed will be invoiced to you on an annual or monthly basis depending on the contract type subscribed to.

4.2 When paying by credit or debit card, you must provide your card information for initial usage. Ongoing fee payments will be collected automatically from your credit or debit card.

4.3 All charges you incur for use of the Service will be charged to your account in accordance with the credit or debit card information you provide. If we do not receive payment from the card issuer, you agree to pay us all amounts due upon demand.

4.4 Payment for the additional storage requirement will be invoiced for and/or automatically debited from the credit or debit card provided at the time of subscription (if paying by this method).

4.5 These upgrade payments are in accordance with the payment table on the www.backed-up.net website and are charged pro-rata to the amount of time remaining on the annual contract or in the case of monthly payments will correspond to the monthly charges applicable for the storage used in that month.

4.6 Commercially reasonable actions to validate your credit or debit card details may be taken. If for any reason your credit or debit card cannot be validated or the transaction is prevented from occurring or we do not receive payment by any other method www.backed-up.net will make all reasonable endeavours to make you aware of this. If, following these endeavours no effort is made to remedy the situation by the subscriber and the transaction remains outstanding for longer than 30 days www.backed-up.net reserve the right to terminate the account at this time.

4.7 We reserve the right to change the monthly / annual 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. Service Usage Responsibilities

You agree:

(a) To notify us by e-mail, telephone or post 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 monitoring your total storage requirement and to notify us if more storage is required, when your storage limit is reached new files will cease to be backed up.

(d) That you are responsible for providing and maintaining all computer equipment and software necessary for you to access the Service;

(e) Not to resell, remarket, or otherwise redistribute any portion of the Service;

(f) To comply with all applicable UK laws, regulations, or conventions.

6. Length of Service Agreement and Termination
Unless otherwise stated you agree that the Service shall be provided for a minimum period of one year ("the Initial Term") commencing on the date on which you confirm acceptance of the Terms and shall continue thereafter for successive 12 month terms ("Renewal Terms") unless and until you notify us in writing at least thirty (30) days prior to the end of the Initial Term or any of the Renewal Terms.

6.1 If you require that we cease to provide The Service by notifying us of that fact in writing at any time prior to the expiry of the Initial Term or Renewal Terms(other than for our default), no refund will be offered irrespective of whether or not you actually use the Service. In addition, we 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.

6.2 Termination Practice
In the event of termination of these Terms in accordance with this Clause 6, we shall continue to store all of your data, which is in our possession for a period of thirty (30) days from the date of termination. During this thirty (30) day period, you may make arrangements to collect the data. After the expiration of this period, your data will be removed from the server and destroyed.

6.3 If you wish to cancel your account without being charged you are required to notify us within the FREE trial period of your chosen subscription package. If we do not receive this notification from you then payment for the service will be due as per the terms and conditons above.

7. Disclaimer
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.

7.1 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. Liability Limitations
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.

8.1 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.

8.2 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: Logical Progress Ltd, Unit G Argent Court, Hook Rise South, Surbiton, KT6 7NL

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.