ExcellenceIT

Backup Systems Terms and Conditions

Off Site Backup Service

Terms and Conditions of Use


The service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use for an onsite to offsite backup service.
Onsite refers to your premises, offsite refers to the remote destination.
1. Access requirements
To access the service you will require a:

  • authorised device to store the data backups at your office that synchronises to an offsite authorised device
  • license to synchronise the data between the device onsite and device at a remote destination
  • appropriate modifications to security devices onsite to allow the transfer of data between the device onsite and at a remote destination
  • active internet connection with an upload speed capable and available to meet the amount of data required to transfer as part of the incremental backups
  • initial backup able to be transferred by a technician to the remote site to reduce the first incremental backup job

2. Conditions of Use
You are solely responsible for the content of all data you store in the off site backup system.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
You will:

(a) not use the Service for any illegal purposes;

(b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains:

(i) any illegal pictures, materials or information;
(ii) any harassing, libellous, abusive, threatening, harmful, vulgar, pornographic, obscene or  
otherwise objectionable material of any kind or nature;
(iii) any material that encourages conduct that could constitute a criminal offense

(iv) any code or material that violates the intellectual property rights of others;
(v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files);
(vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive 
 features;

(c) comply with applicable laws regarding the exportation and re-exportation of any data or other materials
(d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which you access and use the Service;
(e) comply with all regulations, policies and procedures of networks through which you access and use the Service;
(f) not access or attempt to access any Service account for which you have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.

The offsite backup service is not a service for dissemination of digital content for commercial purposes. The  service provided is for the exclusive connection between the onsite device and a remote device and may be serviced from time to time to keep current with security updates and increase the bandwidth and utilisation.  Excellence IT is not responsible for any business interruptions that may be caused due to these processes.

3. Registration Information/Credit Card Charges
The pricing structure comprised of a business plan is based on data storage required at the remote destination and the amount of data transfer required monthly. For usage beyond the opted business plan, there may be overuse charges for excess remote storage use and excess data transfer.
The per month charges are as follows:

  • Excess remote storage: $2 per Gb
  • Excess data transfer (upload or download): per 5 Gb increments, $10

We encourage users to upgrade to one of the higher storage plans if their usage exceeds the opted plan to avoid the overuse charges.

You will promptly notify Excellence IT of any change in the information you provide on your registration form for the service (including, without limitation, any change in your mailing address, telephone numbers, email address, office location, internet provider and IP address). 

4. Use of IP Addresses
An IP address is a number that is automatically assigned to your computer whenever you are accessing the internet. Excellence IT may collect IP addresses for the purposes of system administration and to audit the use of the services. We can and will use IP addresses to identify a user to enforce compliance with our terms of service or to protect our service, site, customers, or others. Some services and Emails sent from Excellence iT, such as registration related emails, may display IP addresses included with the message.

5. Account and Password
You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your password/encryption password. You will notify Excellence IT of any unauthorized use or other breach in security of your account immediately after you learn of the same.

6. Encryption Passphrase system
Excellence IT provides optional encryption of data on storage with a user defined key known only to the user and no one else. Even the Excellence IT personnel do not have access to this key as it is not stored on the Excellence IT equipment / servers. It is very important that you store this key in a safe place and maintain this key in printed form for easy reference. Any data backed up using this key can only be retrieved using this key and if you forget or misplace this key then your data may not be retrievable. Excellence IT is NOT responsible for loss of data arising as a result of such cases.

The private key based encryption process encrypts the data contained within the backup area.

Based on your privacy and security needs, you need to make appropriate choice.

7. Security of Stored Data and Files
Excellence IT will endeavour to restrict access to the data and files you  store or retrieve from your account to persons accessing such data and files through use of your account or password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store in your account. For maximum privacy and security, we recommend that you encrypt your data stored.

8. Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by you on Excellence IT's equipment and (b) ensuring that such content does not include any of the items listed above. Excellence IT normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if Excellence IT has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, Excellence IT reserves the right to examine the content of the online storage and backup account. Excellence IT may also access the account and data for support related activities. For absolute privacy, we recommend use of the encryption which allows use of a key known only to the user for data backed up in addition to the basic account credentials. Excellence IT may be asked to provide user data and logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules. Excellence IT may comply with these subpoenas or court orders with or without notice to the subscriber. Excellence IT reserves the right to refuse, remove or disable access to any data or files stored on Excellence IT's equipment with immediate effect that Excellence IT learns may be illegal, may violate the terms of above, may violate the rights of any third party or otherwise may be reasonably objectionable.

9. Backups of your data
It is important to note that if data is deleted from the local computer, it will automatically be deleted from your online account during the next synconisation when incremental jobs are consolidated.

Excellence IT may maintain regular backups of data to recover from any software/hardware failures. However, the most important step for a reliable backup is at the user end; user is expected to view and verify the detailed logs that include individual file transfers and summary periodically to insure that the backups do take place successfully, and take necessary corrective action if there are errors. User is also expected to periodically upgrade the onsite device software to the most recent version for improved reliability of backups and syncronisation of data transfers.

Whilst data is stored on RAID protected devices that protect against multiple drive failures it is important for you to know that there is no backup of these devices and there is a chance of data loss of your backed up data. If secondary backup of your backed up data is important to you, sign up for a Excellence IT Backup Plus Plan that provides greater protection with a secondary device that maintains a copy of your data / backups.


10. Monthly Services and contracted term:
You authorize a recurring monthly charge to your credit card in exchange for use of the service as indicated on the quote provided for your specific use. The length of agreement is 24 months. There is no refund for early termination and early exit will incur a charge to your credit card of the quantity of remaining months multiplied by the monthly service fee. The service will be auto renewed at the expiry of your contracted term. Cancellations and changes need to be made in writing minimum 30 days before the expiry date of the contact. The contract start date is deemed as the date of the first invoice relating to the service.

11. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCELLENCE IT ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. EXCELLENCE IT MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

12. Limitations of Liability
IN NO EVENT SHALL EXCELLENCE IT OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.

13. Indemnification
You will defend, indemnify and hold Excellence IT, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use of your account and the service, (b) any data files and content stored by you in your account and otherwise on the Excellence IT servers and (c) any violation of this Agreement by you.

14. Termination
Either you or Excellence IT may terminate this agreement with or without cause at any time by giving notice of such termination to the other in the manner described in Clause 15 below. Further, if Excellence IT believes that you have violated your obligations under this Agreement, Excellence IT may, at its option and in addition to its other remedies, immediately and without notice, suspend your account, remove and destroy data and files stored by you on Excellence IT equipment and/or terminate this Agreement. Excellence IT will not be liable to you or any third party for any suspension or termination of your account or the service. Should you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify Excellence IT of such termination. Upon any termination of this Agreement, Excellence IT will remove your stored data files from main storage and archives immediately. Should you terminate this Agreement you will be liable for early termination fees pursuant to Clause 10.

15. Notices
Any notice under this Agreement given by Excellence IT to you will be deemed to be properly given if sent by email to your email address as set forth in the Registration Information, or by written communication mailed by Australia Post to your address on record in the Registration Information. It is important that you maintain a correct working email address and update it if necessary to be able to receive Excellence IT's communication. Any notice under this Agreement given by you to Excellence IT will be deemed to be properly given if received by email sent to Excellence IT 's Customer Service at contactus@excellenceit.com.au except those that are related to cancellation or termination of the account to which the address is accounts@excellenceit.com.au On successful cancellation of account by the user, or by Excellence IT due to various reasons including non-payment for the services, user data files will be removed immediately.

16. Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

17. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by Excellence IT from time to time. Upon any such change, Excellence IT will notify you of such change. Your use of any Services after such notification will constitute your acceptance of such changed terms and conditions.

18. Miscellaneous
Your right to use the Service is personal to you, and you will not assign any of your rights, obligations or interest in this Agreement or your account. without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Excellence IT's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
 

 

About Excellence IT

As we provide a service in Information Technology, we are constantly aware of how quickly advancements can change the way things are done.

Each and every day we find:

  • Something new is unveiled,
  • A previous model  updated,
  • A new way of doing something is made known,
  • A free software update is released,
  • An older product becomes discontinued,
  • A new technology becomes more affordable,
    And
  • A new idea is demonstrated.

Because we have such a good & long standing history with the top manufacturers & distributors of products (and services), we find out about the latest and greatest advances quite sometime before they become commonly known about & understood.

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