- The Information We Collect And Store
We may collect and store the following information when running the Backupfabrikken Service:Information You Provide:When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. You may also provide us with your contacts’ email addresses when sharing folders or files with them.
Files:We collect and store the files you upload, download, or access with the Backupfabrikken Service (“Files”). If you add a file to your Backupfabrikken that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
Log Data: When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, physical system information, metadata concerning your Files, and other interactions with the Service.
Cookies: We also use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.
3. Information Sharing and Disclosure
Your Use: We will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We may also share or disclose your
provided in your registration or account profile by changing your “account settings”. If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law.
- Data Retention
We will retain your information for as long as your account is active or as needed to provide you services. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
- Backupfabrikken Community
Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account.
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.
For Backupfabrikken Backup and Backup + Skydisk.
Activation, Your Files and Privacy
- The Services may be activated in one of two ways. You may commence the use of the Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have not taken steps to activate the Services in the three months after purchase, the Services will be automatically activated without further reference to you. You will be sent an activation email following activation as long as you have provided us with a valid email address.
- By using our Services you agree to us hosting your files and sharing your files with third parties nominated by you. In addition, as part of the Services we will process information in your files in order make back up files and to display your files to you in a manner that will assist you in using the Service, including image thumbnails or document previews. We may share your information with selected third parties, including sub-contractors who may perform some or all of the Services on our behalf. Subject to these exceptions, we will not share your files with any third party without first obtaining your consent.
- We may choose to review public content for compliance with our community guidelines, but you acknowledge that Backupfabrikken has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
- The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Backupfabrikken has no responsibility for that activity.
Software and Updates
- You are responsible for safeguarding the password that you use on your Backupfabrikken account to access the Services (the “Account”) 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 authorised that activity. You should immediately notify Backupfabrikken of any unauthorised use of your Account.
Your General Responsibilities
- Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. Backupfabrikken reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not Backupfabrikken, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
- You, and not Backupfabrikken, are responsible for maintaining and protecting all of your files and understand that unless clearly stated otherwise, Backupfabrikken is providing you with a backup service and will not be liable for any loss or corruption to the files that you backup. Should there be any additional costs and expenses resulting from Backupfabrikken being asked by you to restore any of your files, these costs and expenses will be explained to you prior to the restore, and you will be responsible for the discharge of same.
- If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act 1987, as may be amended from time to time.
- You can end your subscription to our Services by contacting us in writing at our Registered Address or by email tosales@Backupfabrikken.comno less than 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you.
- We reserve the right to not permit you to renew your use of the Services by providing you with at least 4 weeks’ notice prior to the end of the Fixed Contract Period. We may also at our discretion suspend or terminate the Services prior to the end of the Fixed Contract Period, without cause, with or without prior notice to you, and in such an event we shall refund you the unused portion of fees paid for the Services on a pro-rata basis.
- use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
- use the Services in such a manner that has the effect of disrupting others’ use of the Services;
- act in conflict with a court order, or our providing the Services to you is in breach of a court order;
- represent a danger to the best interests of other customers or third-parties;
- exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;
- fail to disclose the number of devices on which you are running Backupfabrikken Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise;
- directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
- are found to have used the Services to store, backup or distribute material protected by intellectual property rights (including copyright) of a third-party unless you own or have appropriate rights to such material;
- engage in activity that damages or is likely to damage our tangible or intangible assets; or
- otherwise act in breach of the terms of our Acceptable Use Policy
- If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to retrieve your files, however there may be an additional cost to these additional efforts and we will notify you of this fee before commencing same.
Free Trial Period
- Where Services are offered on a free trial basis (duration as advised to you at sign-up), payment will be taken for the first Fixed Contract Period when the free trial period ends, and not when you enter your billing details (which will be required prior to the commencement of the free trial period).
- The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.
- If you wish to cancel your contract during the free trial, you may do so by informing us by email, phone or in writing, or alternatively you can download, complete and return this formby email or fax to us, at any time prior to the end of the free trial period.
- If you do not cancel your contract prior to the end of the free trial period the fees for the first Fixed Contract Period will become due.
- All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), and shall be due and payable for provision of the Services in advance of each Fixed Contract Period.
- The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services. The current Pricing Structure will always be posted on our website and where a significant change is made to the Pricing Structure, we will contact you in advance of that new Pricing Structure going into effect. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure as and from the start of the next Fixed Contract Period. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services. You are strongly advised to monitor our website for any alterations of the Pricing Structure.
- All fees for our Services are due in advance and your contract will automatically renew on the expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract Period become payable. If you choose to pay by credit or debit card then you authorise Backupfabrikken to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, Backupfabrikken reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT BACKUPFABRIKKEN IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with Backupfabrikken, you must do so in writing at least one week before the expiry of the Fixed Contract Period.
- Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
Additional Terms applicable to use of Backupfabrikken Backup
- Some Services, including Backupfabrikken Backup and Backupfabrikken Pro Suite (the “Backup Packages”) are sold on condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices (as defined above), and that the number of such devices does not exceed the limits stipulated in the Pricing Structure. In the event that you wish to backup data stored on External Devices, you are required to disclose this to us and pay such additional storage related charges as set out in the Pricing Structure for that Backup Packages.
- An upper limit on the number of devices from which backup can be run will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Package sale. The upper limit for any single internal or external drive will exclude External Backup Devices, for which the Pricing Structure includes a separate charging methodology. In the event that the number of devices exceeds the applicable limit on the Backup Package sold, Backupfabrikken reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.
- With the exception of our business service, Services that include Backupfabrikken Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your computer that have been backed up or disconnect External Storage Devices that have been backed up we will remove the corresponding backup from our servers.
- You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Backupfabrikken will remove backups for computers that have not connected to the service for 30 days.
- If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
You agree not to misuse the 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 Services, shared areas of the Services which you have not been invited to, Backupfabrikken (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 authorisation;
- 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.
Additional Terms applicable to Resellers
The following terms apply to use of the Backupfabrikken Reseller package available on our website. These terms (the “Reseller Terms”) may not apply to you if you have agreed specific terms with Backupfabrikken:
- You agree to act as a positive ambassador for the Backupfabrikken brand at all times.
- You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact Backupfabrikken at any time. Backupfabrikken will not offer support or service to your customers.
- Where you advertise a service that include these Services you must at all times deliver the service that has been described to a standard acceptable to Backupfabrikken
- You are not permitted to use any Backupfabrikken property including logos, icons, designs and text without our written authorisation.
- You may not (a) distribute any aspect of the Services free of charge or (b) resell the Backupfabrikken Services for in excess of two years or the fixed period remaining on your Backupfabrikken appointment, whichever is lesser. If you bundle the Services with another service, this bundled service must not be distributed free of charge.
- Backupfabrikken has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Reseller Terms.
- Some Services are advertised as including a “money back guarantee”. To receive a refund of the payment made under the “money back guarantee” you must inform us in writing before the end of the advertised “money back guarantee” period. This period is the period in which you may exercise your right to cancel and receive your money back. If you do not claim a refund of fees during this period then no refund will be due. The “money back guarantee” is not available in combination with a free trial. If you not invoke your right to cool off during or at the end of the free trial period, then you will be charged for the Services and “no money back guarantee” will be available.
- Backupfabrikken reserves its rights to amend the fees due to it from Reseller. Where Backupfabrikken has agreed a fee structure with the Reseller for a fixed period, then any fee increases will not take effect until the end of that fixed period. Backupfabrikken will provide all Resellers with at least one month’s notice of any changes in the fees due to it by Resellers, by posting such a notice together with the date that the new fee structure will take effect on our Website.
- If you fail to pay fees due to Backupfabrikken or fail to comply with these Reseller Terms (including but not limited to the obligation to provide an appropriate level of support to your customers) then Backupfabrikken reserves the right to suspend or terminate Services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative Services.
- You may not bid on Backupfabrikken brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as “Backupfabrikken”, “live-drive”, “Backupfabrikken.com” or any other variation or misspelling of “Backupfabrikken” including bidding on “Backupfabrikken” with other keywords.
- You may not claim to be Backupfabrikken or to represent Backupfabrikken on your website or in any form of media or social media. You must make it clear if you are going to mention Backupfabrikken that you are a reseller of Backupfabrikken and are not part of the Backupfabrikken organisation. You may also not use the name Backupfabrikken in your domain for any website you own or control or use the name Backupfabrikken or any variation as your name in any social media that you use.
Backupfabrikken will respond expeditiously to claims of copyright infringement committed using the Backupfabrikken service and/or the Backupfabrikken website (the “Site”) if such claims are reported to Backupfabrikken in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following Notice of Alleged Infringement and delivering it by postal mail to the address below.
Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Backupfabrikken Internet Ltd.
The Battleship Building
179 Harrow Road
London, W2 6NB
Backupfabrikken will investigate the complaint and, where an infringement of copyright is identified, Backupfabrikken shall take all necessary steps to resolve the disputed use of copyrighted materials, including where appropriate, terminating the delivery of the Services to the subject of the complaint.
Data Protection and Transfer
- in accordance with the DPA, apply appropriate technical and security measures to protect any such data against unauthorised or unlawful processing and against accidental loss, destruction or damage; and
- notify you as soon as reasonably possible and in any event within 5 business days about:
License and service Agreement
Backupfabrikken, License and Service Agreement for Backupfabrikken DATABASE
This agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Backupfabrikken (“Backupfabrikken, “). This Agreement governs your use of the Backupfabrikken, .Backupfabrikken Backup Client software distributed with this Agreement, including any updates that may be provided to you and any accompanying written documentation (the “Software”) and the Backupfabrikken, backup service (“Service”).
PRIVACY AND COMMUNICATIONS
You acknowledge and agree that Backupfabrikken, may occasionally send you administrative communications regarding your account or the Service via email.
ACCOUNTS, PASSWORDS, AND SECURITY
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not be able to access your Data.
ACCEPTABLE USE AND CONDUCT
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Backupfabrikken, and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of any Backupfabrikken, computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
CONSENT TO COLLECT NON-PERSONAL INFORMATION; USE OF DATA
The Software and Service may collect certain identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Backupfabrikken, and may be used by Backupfabrikken, in-house to provide reporting to our clients.
When you back up data via the Service, you agree that we will be storing such data as part of the Service to provide proper reporting and monitoring for a reseller’s own clients.
CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
Backupfabrikken, reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.
Backupfabrikken, will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on Backupfabrikken.com website. However, in no event will Backupfabrikken, be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.
Backupfabrikken, reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the Backupfabrikken.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.
Please review the most current version of this Agreement from time to time, located at http://www.backupfabrikken.no/vilkar (or such successor URL as Backupfabrikken, may provide), so that you will be apprised of any changes.
USE OF SOFTWARE
Subject to the terms and conditions of this Agreement, Backupfabrikken, grants you a non-exclusive license to install and execute copies of the Software (in executable code form only) on your company’s and/or customers’ computers and only for the purpose of accessing and using the Service. Certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code.
The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Backupfabrikken, and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party who is not your customer, (2) modify, adapt, translate, or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) extract portions of the Software’s files for use in other applications, or (5) remove, obscure, or alter Backupfabrikken, LLC’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service.
You acknowledge that Backupfabrikken, or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Backupfabrikken,
If you have comments on the Software or Service or ideas on how to improve them, please visit http://backupfabrikken.no/support. Please note that by doing so, you also grant Backupfabrikken, a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Software or Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
TERM AND TERMINATION
This Agreement is effective upon signing up for the Backupfabrikken, services and remains in effect until the users’ account is terminated.
You may terminate this Agreement at any time by destroying the Software and closing your account by following the instructions on the Backupfabrikken.com website.
This Agreement automatically terminates if you fail to comply with its terms and conditions. Backupfabrikken, reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
If this Agreement terminates, other than for your failure to comply, Backupfabrikken, will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days. Backupfabrikken, has no obligation to provide you with a copy of your Data and may remove and discard any Data.
Backupfabrikken, shall not provide a refund for any unused portion of Service paid in advance by User.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Backupfabrikken INCORPORATED AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND
SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Backupfabrikken INCORPORATED, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Backupfabrikken INCORPORATED HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF Backupfabrikken INCORPORATED, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO Backupfabrikken INCORPORATED FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN Backupfabrikken INCORPORATED AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
You acknowledge and agree that the Software which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use the Software or Service.
This agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
The failure of Backupfabrikken, to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving St. Petersburg, Florida, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Backupfabrikken, from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Backupfabrikken, Backupfabrikken, may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
Avtalen er gyldig fra 01.04.2016 for nye kunder, og fra 01.07.2016 for eksisterende kunder. Avtalen erstatter alle tidligere tjenesteavtaler, vilkår og betingelser gitt av Backupfabrikken AS.
14 dagers prøvetid
Du kan når du vil innen 14 dager etter bestilling sende en skriftlig oppsigelse per e-post eller post og
avslutte kontoen helt kostnadsfritt.
Dersom abonnementet ikke er sagt opp innen 14 dager er det å anse at Kunden har tegnet et abonnement for en minimumsperiode på 3 mnd.
Alle tjenester er løpende og tidsubegrenset, med minimum avtaleperiode på 3 måneder, om ikke annet er avtalt. Tjenesten vil løpende og automatisk bli fornyet for en ny avtaleperiode, og på ellers gjeldende vilkår, inntil en eventuell oppsigelse er bekreftet.
Alle tjenester faktureres for minimum 3 mnd, med mindre annet er avtalt. Ved forsinket betaling vil det bli utstedt purring med purregebyr og renter i henhold til gjeldende regelverk.
Oppsigelse av tjenester
Oppsigelser skal sendes skriftlig til Backupfabrikken AS enten per post, epost til firstname.lastname@example.org. Oppsigelsen er ikke å anse som registrert før Kunden har mottatt en skriftlig bekreftelse på at den er mottatt og behandlet. Alle tjenester løper ut inneværende avtaleperiode. Oppsigelse må være oss i hende senest 30 dager før utløp på inneværende avtaleperiode. Kunden forplikter seg til å betale for tjenester som ikke er sagt opp innen fristen i foregående punktum. En registrert oppsigelse endrer ikke Kundens plikt til å betale for gjenværende del av eksisterende avtaleperiode, men medfører at ny avtaleperiode ikke begynner å løpe. Allerede innbetalte beløp for inneværende avtaleperiode(r) vil ikke bli refundert.
Priser og prisendringer
Alle priser som oppgis på nettsiden, eller i annet materiale, oppgis uten merverdiavgift og eventuelt andre offentlige avgifter. Backupfabrikken AS forbeholder seg retten til å gjøre endringer i gjeldende priser. Prisendringer varsles minimum 2 måneder i forkant, med virkning fra ny avtaleperiode begynner å løpe, eller fra første forfall. Melding om prisendringer sendes per epost til den epostadressen som er angitt som kontaktadresse for kundeforholdet.
Kunden forplikter seg, til enhver tid, til å holde Backupfabrikken AS oppdatert med korrekt kontaktinformasjon, så som fakturaadresse, postadresse, telefonnummer, epostadresse m.v. Kunden plikter også å angi, og vedlikeholde informasjon om, hvilke kontaktpersoner som skal ha adgang til å administrere og forvalte tjenesten(e) på vegne av Kunden. Alle opplysninger om kundeforholdet er å anse som konfidensielle, og Kunden forplikter seg til å oppbevare slike opplysninger på en sikker måte. Ved mistanke om uautorisert tilgang forbeholder Backupfabrikken AS seg retten til å endre passord for tjenesten(e), eventuelt stenge tjenesten(e). Backupfabrikken AS forbeholder seg retten til å nekte utlevering av opplysninger om kundeforholdet til personer som ikke er angitt som kontaktpersoner for kundeforholdet. Backupfabrikken AS forbeholder seg retten til å nekte å utføre endringer i kundeforholdet på oppfordring fra personer som ikke er angitt som kontaktpersoner for kundeforholdet eller har prokura.
BackupfabrikkenAS har 30 dagers fornøydgaranti. Er man ikke fornøyd med tjenesten(e) kan Kunden skriftlig informere Backupfabrikken AS om dette enten per post, epost til email@example.com senest 30 dager etter avtaleinngåelse. Betalt faktura blir kreditert og tilbakebetalt. Gjelder kun ved førstegangsbestilling. Kunden trenger ikke oppgi noen grunn for å benytte Fornøydgaranti. Fornøydgaranti er ikke å anse som registrert før Kunden har mottatt en skriftlig bekreftelse på at den er mottatt og behandlet av Backupfabrikken AS.
Feil som avdekkes av Kunden skal uten ugrunnet opphold varsles Backupfabrikken AS skriftlig. Overholder ikke Kunden reklamasjonsbestemmelsen i foregående punktum mister Kunden retten til å gjøre misligholdet gjeldende overfor Backupfabrikken AS.
Stenging eller suspensjon
Backupfabrikken AS forbeholder seg retten til å stenge, eller suspendere, tjenester som skaper uforholdsmessig høy last eller andre problemer. Backupfabrikken AS kan uten forutgående varsel fjerne materiale eller velge å stenge, eller suspendere, en tjeneste når mistanken om uakseptabel bruk, krenkelse av lov, rettigheter eller andre beskyttede interesser, etter Backupfabrikken AS sitt eget skjønn, synes berettiget, og uansett om Kunden ikke svarer på eller etterkommer krav om å fjerne materiale innen de frister som Backupfabrikken AS setter.
Ved manglende betaling vil tjenester bli suspendert ved ny avtaleperioden, og i noen tilfeller medføre tap/sletting data. Dette fritar dog ikke for betalingsansvaret. Ved suspensjon påløper et gjenåpningsgebyr fra minimum kr. 500,- eks. mva. Tjenester gjenåpnes etter at betaling har funnet sted i sin helhet og er registrert i Backupfabrikken AS sine systemer. Backupfabrikken AS forbeholder seg retten til å stenge tjenesten dersom betaling ikke foreligger innen rimelig tid. Ved stengning anses avtaleforholdet for den berørte tjenesten som avsluttet. Stenging eller suspensjon endrer ikke Kundens plikt til å betale for gjenværende del av eksisterende avtaleperiode. Allerede innbetalte beløp for inneværende avtaleperiode(r) vil ikke bli refundert. Ansvarsbegrensning Backupfabrikken AS kan bare holdes ansvarlig for feil som skyldes grov uaktsomhet eller forsett. Backupfabrikken AS kan bare holdes ansvarlig for rimelige og påregnelige direkte økonomiske tap. Backupfabrikken AS vil ikke svare erstatning for tap som følge av minsket eller bortfalt produksjon eller omsetning, tredjepartstap eller annet avledet eller indirekte tap. Det totale kravet kan ikke overstige kostnadene Backupfabrikken AS har fakturert Kunden for tjenesten i en avtaleperiode. Krav om erstatning må fremsettes uten ugrunnet opphold. Kunden vedgår at det ikke under noen omstendigheter vil være aktuelt å kreve erstatning verken for nedetid, suspensjon eller stengning. Backupfabrikken AS kan ikke holdes ansvarlig dersom brukere av Internett, bevisst eller ubevisst, skaffer seg adgang til Kundens dataressurser eller forstyrrer eller vanskeliggjør informasjonsflyt. Kunden forplikter seg til å holde Backupfabrikken AS skadesløs for ethvert krav som tredjepart måtte rette mot Backupfabrikken AS som har sammenheng med det materiale som Kunden, eller Kundens brukere, har formidlet gjennom Backupfabrikken AS sine tjenester.
Dersom avtalens gjennomføring helt eller delvis hindres, eller i vesentlig grad vanskeliggjøres av forhold som ligger utenfor partenes kontroll, suspenderes partenes plikter i den utstrekning forholdet er relevant, og for så lang tid som forholdet varer. Slike forhold inkluderer, men er ikke begrenset til, streik, lockout, linjefeil hos tredjepart, strømbrudd hos tredjepart, samt ethvert forhold som vil bli bedømt som force majeure.
Lovvalg og tvisteløsning
Denne tjenesteavtalen skal reguleres av norsk rett. Tvister mellom Kunden og Backupfabrikken AS skal søkes løst i minnelighet. Dersom ikke tvisten løses i minnelighet innen tretti – 30 – dager etter at en av partene har varslet den annen part om tvisten, skal tvisten løses ved de ordinære domstoler. Partene vedtar Skien tingrett som verneting. Endringer i tjenesteavtalen Kunden aksepterer at Backupfabrikken AS forbeholder seg retten til å gjøre endringer i denne tjenesteavtalen til enhver tid, og at Kunden er bundet av disse endringene. Alle endringer er bindende 30 dager etter at de er publisert på våre nettsider. Kunder som ønsker varsel om endring i tjenesteavtalen pr e-post kan få dette ved å gi spesifikk beskjed til Backupfabrikken AS om at dette ønskes. Se for øvrig: http://www.backupfabrikken.no/vilkar/
- Kunden er selv ansvarlig for at backup blir kjørt.
- Kunden vil motta e-post til en adresse kunden selv definerer om status på backupjobben hver gang denne har kjørt/skulle ha kjørt.
- Kunden er selv ansvarlig for at riktig data blir tatt backup av.
- Kunden er selv ansvarlig for både passord og krypteringsnøkkel.
- Kunden er selv ansvarlig for at filer som lastes opp ikke er korrupte.