These terms of service (collectively “Terms”) are a legal agreement between you, either an individual or a single legal entity (“you”), and Systeq UK (“us”, “our” or “we”). These Terms govern your use of any of our services (“Services”), our website (“Site”), and any other software provided by us, including any updates and any accompanying documentation (“Software”). Collectively, the Software, the Site and the Services may be referred to as the “Product” or “Service”.
By using the services you agree to be bound by these Terms in their entirety.
If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only If you have the power to form a contract with us and are not barred under any applicable laws from doing so. The Services may continue to change over time as we re fine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.
Accounts
You are responsible for safeguarding the password and any other security information you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity.
If you lose your passwords or any encryption keys for your accounts, you may not be able to access data stored on our systems.
You agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services.
Fees
You agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that we may restrict your ability to backup or upload further data until you reduce your storage usage or sign-up to another package with a higher quota.
All charges payable by you for our Services shall be in accordance with the scale of charges and rates published by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the Services. Fees may be charged for a different billable time period than those advertised, but will be equal to the advertised fess pro-rate. For example, monthly fees may be charged quarterly but will not exceed the advertised fees for 3 months usage of service.
80% of the first year’s fees charged for any service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of our Services. We will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and your contract will automatically renew on its anniversary quarter or year, at which point fees for the following quarter or year become payable. If you choose to pay by credit or debit card then you authorise us to debit your account renewal fees from your card. If you wish to cancel your contract with us, you must do so in writing at least 30 days before the renewal of your contract.
All fees paid to us are non-refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Your Files and Privacy
By using our Services you provide us with information, files, and folders that you submit to us (collectively “your files”). You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your files, for example, storing your files. This includes design choices we make to technically administer our Services, for example, how we replicate backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
Aside from the rare exceptions we identify in our polices, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. You are responsible for maintaining and protecting all of your files. we will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restore.
Termination
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.
By signing up for and paying any initial payment for our service you are entering an agreement to continue paying any fees due for an initial 12 months period, After the initial 12 month period you are agreeing to continue paying any fees due until you provide at least 30 days’ notice that you no longer require the service.
You may stop using our service at any time. You will still be liable for any remaining fees due for the remainder of the first 12 months of service. If you have already received and paid for 12 months of service, you will be liable for any fees due for the remaining 30 days of service. In no circumstances will a refund be given if you terminate a contract early.
On termination or expiration of your account or these Terms, you will no longer have the right to continue to use our products and Services, and you will no longer be able to access and restore any data stored on our systems. Also, you specifically agree we have no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your data from our systems.
Money Back Guarantee
All of our service carry a 14 day money back guarantee and are protected by your statutory rights as defined by UK law. Some services are advertised as including an extended money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period. If you do not claim a refund of fees during this period then no refund will be due.
Changes to the Service & Terms
We reserves the right at any time to modify, suspend or discontinue providing the Service, in whole or in part, In the event we anticipates that any such action will significantly affect your use of the Service in a negative way, we will endeavor to provide you with advance notice by email or by posting relevant information on the Site.
We reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. Your continued use of any Products or Services following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site.
Limitation of Liability
The Services, Products and Software provided by us are provided “as is”, at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our Services, Products or Software.
You agree to defend, indemnify and hold us, our suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees and costs, in connection with:
•your use of our Service
•your breach of these Terms
•your infringement of any third party right, including any intellectual property right
•any claim that use of your data caused damage to a third party.
•any claim relating to loss of data, business or profits.
This indemnity obligation will survive the termination or expiration of your account and these Terms.
Intellectual Property
At our discretion we may use any feedback, comments, or suggestions that you send us for any purpose we see fit, without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
Acceptable use
You agree not to misuse our services. For example, you must not, and must not attempt to, use the services to do the following things.
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, our, or our service providers’, computer systems;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- Plant malware or otherwise use the Services to distribute malware;
- Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or services other than your own without appropriate authorization;
- Impersonate or misrepresent your affiliation with any person or entity;
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- Violate the law in any way, or violate the privacy of others, or defame others.
Agreement
These Terms constitute the entire and exclusive agreement between you and us with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.