FileSafe Backup Terms & Conditions

These Terms and Conditions constitute the agreement ("Agreement") between FileSafe Backup, LLC ("we," "us," or "FileSafe") and the user ("you," "user," or "Customer") regarding FileSafe services and any related products or services ("Service"). This Agreement governs the Service, Software, and Media, used in conjunction with the Service. For the purpose of this agreement you are the user and are bound to these Terms and Conditions regardless of whether you entered into Service or purchased Media through one of our authorized resellers or directly from FileSafe.

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. Definitions
    1. "Account" refers to the combination of the license reserved for the username and password, the subscribed Service, and Media.
    2. "Charges" refers to all setup, subscription, installation, service call, administrative charges, and other fees to be paid by you for or relating to the Service or the Media. The Charges will be in accordance with the rates in our prevailing rate tables available on our website or at our customer service center.
    3. "Media" refers to the physical media provided for transferring and/or archiving the backup data images. Media may be in the form of CD, DVD, Hard Disk Drive, or a storage device such as a file server.
    4. "Service" refers to the whole of the options selected by the end user to provide their preferred level of backup, archive, and support from FileSafe.
    5. "Software" refers to any program and firmware including any upgrades provided to you as part of the Service or which allows you to access the Service.
  2. System Requirements
    1. You are responsible for ensuring your personal computer(s) and other related accessories and systems meet the Service's minimum system requirements as may be stipulated by us, and that they are compatible and may properly function and inter-operate with any Media. We will not be liable for any failure or performance degradation resulting from the non-compliance of such requirements as set by us from time to time. You acknowledge and accept that certain applications are not supported by the Service.
  3. Installation
    1. In the case where you request installation of Service and/or Media or where collection of the Media is required, you will provide us, our employees, and contractors, safe access to your Premises for such installation and/or collection. You represent and warrant that you are the lawful owner or occupier of such Premises and that you have obtained all necessary permissions to allow us, our employees, and contractors, to provide such installation and/or collection services.
    2. During the service call for installation, we are not obliged to render any services apart from installation of the Media and/or Software in a properly licensed computer environment, and you will not hold us liable for any loss (including loss of data, business, or profits), damage, or system failure arising thereof. You will ensure and be responsible for obtaining all requisite licenses and consents for your computer system, including the software used therein.
    3. Any Service failure due to subsequent changes to the system configuration after successful installation is your sole responsibility. Any Charges as a result of rectifying such fault caused by you or any third parties will be borne by you.
    4. Standard charges will be chargeable for installation of any Media and/or Software at your Premises.
  4. Transfer Speed
    1. You acknowledge and accept that as with any network, actual upload and download speeds when using the Service is affected by many factors including without limitation:
      1. overall network traffic condition;
      2. performance and configuration of your computer or equipment connected to the Network;
    2. You further acknowledge that we do not warrant or give any guarantee on data transfer speed. We hereby exclude all warranties, whether express or implied by law, regarding the use, performance, and/or condition of your connection to our servers.
  5. Liability
    1. The Service is provided on an "as is" and "as available" basis and you agree and accept that you use the Service or rely on any data obtained through the Service at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose and non-infringement to the fullest extent allowed by law. No advice or information whether oral or written, obtained by you from us or through the Service will create any warranty not expressly made in this Agreement.
    2. You will be solely responsible for the data retrieved, stored, or transmitted through the Service and/or the Media.
    3. If you are dissatisfied with the Service or with the Media, products, or services available on or through the Service or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Service or terminate the Service according to this Agreement.
  6. Proprietary Rights
    1. All Software and content contained in sponsor advertisements or presented to you through the Service by us, our advertisers, content/applications providers, or third parties, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorized by us, the advertiser, the provider, or third party in question.
    2. You are not permitted to copy, reproduce, distribute, or create derivative works from such Content without written authorization from us, the advertiser, the provider, or third party in question.
  7. Resale
    1. You will not resell or otherwise provide the Service or Software to third parties without our prior written consent, whether or not for profit or otherwise.
  8. Service
    1. We will provide Service to you in accordance with the particulars set out in the account creation and modifications, unless this Agreement is terminated in accordance with the provisions of this Agreement.
    2. You may request us to provide technical and/or administrative support from time to time for which standard fees apply. In the event of such a request, subscription fees, and Service charges will be amended accordingly. For the avoidance of doubt, you will continue to be liable for the payment of such revised fees pursuant to Section 8 herein.
    3. To access the Service you must have a connection to the internet. Internet access is not provided as part of the Service. Lack of Internet access on you part after starting Service does not in any way constitute a reasonable release of liability regarding any and all term agreements and/or charges due.
  9. Eligibility for Services
    1. The Service is available to residential and commercial customers.
    2. For residential customers you must be at least 18 years old.
    3. For commercial customers you must be able to legally enter into the agreements associated with service on behalf of your business.
    4. At the time of application, you must not have any outstanding accounts with us that are due and owing to us.
    5. We may decline acceptance of your application at our discretion.
  10. Minimum Period of Service
    1. The Minimum Period of Service (period) is 1 month or 1 year.
    2. The period is selected by the customer at payment time and is stored in the service account configuration.
    3. The period begins from the commencement date as determined in accordance with Section 11 herein.
    4. Applicable charges will be due in advance of each period and will not be pro-rated to less than 1 period.
    5. Once the first day of a period of service is rendered all charges for the remainder of the period will apply.
  11. Duration of Service
    1. The Duration of Service is selected at the time of the Account activation. The service duration options are as follows:
      1. "Monthly" - If you select the pay monthly option during account setup then the service period will be a month.
      2. "Annually" - If you select the pay annually option during account setup then the service period will be a year.
    2. The Duration of Service under this Agreement will continue to auto renew at the end of each period as applicable.
    3. At the end of each period you may change your account settings and/or period configuration as outlined in Section 6 herein.
    4. In the event that no change is made then your account will be automatically renewed with the same configuration as the previous period and will be automatically charged to you per the account configuration.
    5. This Agreement will continue until terminated according to the provisions herein.
  12. Change of Service
    1. The service period may be changed at any time and will take effect at the conclusion of current period in which the change was requested.
    2. Service settings related to the actual backup functionality may be changed at any time and will take effect immediately. Any such service changes to your account which change the charge amount will be charges as follows:
      1. If services are increased resulting in a higher charge then the additional charge will be pro-rated back to the commencement day of the current period and the difference of the new charge for the current period minus any payment already received by FileSafe for the current period will be due immediately. Future charges will be adjusted accordingly.
      2. If services are decreased resulting in a lower charge then the current period will concluded per the applicable charge at commencement of said period. Charges for future periods will be adjusted accordingly.
  13. Ending the Service
    1. Without prejudice to the rights either party may have against the other party under this Agreement for any antecedent breach of this Agreement and subject to the provisions of this Clause, Service under this Agreement, or this Agreement may be terminated in the following manner unless otherwise agreed in writing by us:
      1. By you giving us prior notice of at least 20 working days before the conclusion date of your current term.
      2. By us giving you notice at any time.
    2. If you give us notice to end Service pursuant to paragraph (a)(i) above, you will continue to be liable for the payment of any outstanding fees or charges pursuant to Section 14 herein. Including but not limited to; all sums (including late payment charges) due and payable to us in respect of the Service and if applicable any Media, up to the date of termination.
    3. If the Service or this Agreement is terminated pursuant to paragraph (d) or (e) below, you will compensate us for any damages or losses we may suffer because of the early termination, including the sums referred to in paragraph (b) above.
    4. In the event of any of the following:
      1. you breach any of the terms and conditions of this Agreement or any other agreement you have with us.
      2. you breach the terms of use per the Terms of Use provided with the client Software.
      3. you become or threaten to become bankrupt or insolvent, or die.
      4. you make any arrangement or composition with or assignment for the benefit of your creditors or go into either voluntary or compulsory liquidation or a receiver, trustee, judicial manager, or administrator is appointed over any of your assets.
      5. the equivalent of any of the events referred to in paragraphs (ii) and (iii) above under the laws of any relevant jurisdiction occurs to you.
      6. you provide incorrect, false or incomplete information to us.
      7. the requirements of any relevant regulatory authority result in us having to stop providing Service in a manner which is unacceptable to us.
      8. if you are likely to create imminent harm (such as interruption, disruption, congestion, signal leakage, and any Unauthorized Act) to our system or any third party's networks or systems or our provision of the Service, or defraud us, or are likely to create imminent harm or are abusive to our personnel.
      9. for any reason beyond our control (including loss of any license, way-leave, or easement, requirements of any governmental or regulatory authority or orders by the court and failure to deliver by a third party supplier) we are unable to provide the Service, we may suspend or terminate all or any part of the Service or terminate this Agreement with immediate effect without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement.
      You may immediately contact our customer service via the contact us option listed on our website to tell us why any suspension or termination should not occur. We will consider each case and where we deem appropriate, will not proceed with the suspension or termination of such account or take any other appropriate action where necessary.
    5. In the event that we suspect that you are using or allowing the Service to be used for fraud, misconduct, or any other illegal or improper purpose, we will refer this to the relevant authorities without notice to you and comply with directions or guidelines issued by them without further reference to you.
    6. If and when you make good any breach or default, we may restore any suspended or terminated Service after you have paid for any restoration or re-connection Charges and reimbursed us for our reasonable costs in suspending or terminating the Service.
    7. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
  14. Billing
    1. You are liable to pay recurring subscription fees for the Service at the prescribed rate(s). You will be billed in advance for the subscription fees at monthly, annual, or such intervals as may be approved by us. You will be subject to a standard late payment fee if payment is not made by the relevant due date.
    2. You may pay through your credit card anytime or by check if paying annually. Any change in the method of payment will only be effected upon approval by the relevant financial institution of your application for the new method of payment.
    3. Billing and payment disputes that may be raised by you will be treated in accordance with the General Terms and Conditions.
  15. Media and Software
    1. If you purchase Media from us directly, you must sign up for service simultaneously or ensure that you have an existing and effective subscription of service with us at the time of purchase.
    2. All Media purchased by you (whether from our authorized resellers or us) to transfer data to or from the FileSafe system must be approved by FileSafe to ensure compatibility.
    3. FileSafe will not be responsible for the Media or any related data comprised therein, or any loss or damage caused by or as a result of the handling of such Media whether in conjunction with the Service or not.
    4. Any defect of the Media will be covered under the manufacturer's warranty only. If a defect occurs within the manufacturer's warranty period, you notify the manufacturer directly and your sole and exclusive remedy shall be according to the terms of the manufacturer's warranty.
    5. You must comply with all applicable laws and instructions, notices or directions issued by the relevant Regulatory Authority or us from time to time in respect to the installation, use, operation, or upgrade of the Media and/or Software.
    6. It is your responsibility to properly install and use the Software provided by FileSafe. The Software allows you to manage the security of your data. FileSafe will not be responsible for your data beyond the extent of our servers which are in our physical control. Installation guidance and use training is available for a nominal charge.
  16. Changing this Agreement
    1. We may from time to time change any of these Terms & Conditions and/or such other terms and conditions agreed or accepted by you. We may also from time to time withdraw, suspend, or change the Service or any part thereof. Such changes will take effect as from such date as we may determine.
    2. You agree that the display of the revised Terms & Conditions on the FileSafe website will constitute notice of the changes and your continued use of the Service will constitute acceptance of the changes.
    3. For promotional offers and various subscription or access plans of the Service, special terms and conditions may also apply.