Terms + Conditions

Lifesaver Backups - Terms & Conditions - September 2007

1. Lifesaver Backups grants you a non-exclusive, non-transferable, royalty-free, limited license to use our backup software on a single computer, whilst the monthly service charge is being paid.
2. You acknowledge that whilst a Lifesaver Backups consultant or staff member may advise you of which files to backup on your computer, that ultimately you understand that it is your responsibility to select, using the Lifesaver Backups software interface, the files that you wish to backup as part of the service.
3. All software provided by Lifesaver Backups is on an "as is" basis with no warranties of any kind and Lifesaver Backups will not be liable for any damages of any kind arising from its use. Lifesaver Backups further disclaims all warranties, expressed and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
4. You acknowledge that Internet Service Provider charges for the transferal of data from or to your computer and our backup servers is your cost, along with the responsibility to select the best Internet Service Provider plan to allow for your data transfer requirements. Lifesaver Backups shall not be liable for any data transfer fee, specifically any excess data transfer fees resulting from data transfer which occurs as part of the backup service.
5. The encryption key for your service is to be kept in a safe and secure place by you. You may also provide the encryption key to Lifesaver Backups. Lifesaver Backups shall not be liable for any damages (including damages for inability to restore backup data or damages resulting from the disclosure of confidential information) resulting from loss, corruption and or compromising of your encryption key.
6. Lifesaver Backups’ monthly service charges are payable monthly in advance of the service provision.
7. You acknowledge that should the monthly service charge not be made for any reason and if non-payment cannot be resolved within 14 days then your online backup service account may be suspended. Once an account is suspended then no data can be restored from our backup servers until full payment is made. If payment is not resolved after 60 days of non-payment then all data backed up from your computer to Lifesaver Backups’ servers will be deleted.
8. For demonstration installations of our software, once the demonstration period has expired, backups will no longer function and Lifesaver Backups will delete your account and all backup files within 30 days.
9. Lifesaver Backups requires notice of service termination in writing from you. Any monthly service charge falling due and payable up to and including the day of receipt of the notice of termination is due and payable.
10. Lifesaver Backups may send notices to you via email from time to time.
11. Lifesaver Backups reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
12. Lifesaver Backups takes no responsibility for any delay, malfunction or non-performance of any of the services provided. In the event of a problem, Lifesaver Backups will endeavour to rectify the problem as soon as possible.
13. Lifesaver Backups shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise resulting from the use of its backup service.
14. You acknowledge that Lifesaver Backups may change these terms and conditions from time to time and will provide updated terms and conditions on our website at http://www.lsbackups.com.au/terms.cfm