Information about Us
www.icubackup.com is a site operated by
24HRDigitalVault LTD ("We")(24HRDV).
We are registered in England and Wales under company number 06665620 and have our
registered office at
1 Northgate End, Bishops Stortford, Hertfordshire CM23 2EZ.
Our main trading address: The Manor House, Abridge road, Chigwell, Essex
Tel:0208 502 7084
Our VAT number is [941 8528 06].
We are a limited company: 24hrdigitalvault.ltd
Conditions of Use
This page (together with the documents referred to on it) tells you the terms on
which you may make use of the services on our website
www.icubackup.com ( 'Site' ). Please read these terms carefully before you
start to use the site. By using our Site, you indicate that you accept these terms
of use and that you agree to abide by them. If you do not agree to these terms of
use, please refrain from using our Site. Our Site is only intended for use by people
resident in the EU.
Services
Subject to 24HRDV's acceptance of your registration and your compliance with these
terms and conditions, 24HRDV will provide you with the following services ('Services'):
[Online
data backup and restore]
A binding contract between us will come into force when
sales@icubackup.com (24HRDV) e-mails you confirmation that your registration
has been accepted and payment received ('Confirmation').
The Services will start and you will be able to access
your Account
In using the Services, you are responsible for providing all equipment necessary
to access the Internet; your own access to the Internet; and payment of all telephone
or other fees associated with such access.
Right to Cancel
If you are contracting as a consumer, you may cancel a contract at any time within
seven working days, beginning on the day after the date of Confirmation. Your right
to cancel will cease once you start to use the Services.
Your Account
You will be allocated your own account ('your Account') in which to store your data.
You are solely responsible for the content of all data you store or retrieve from,
or attempt to store or retrieve from your Account and for all transmissions by you
from and to your Account.
Prohibited Activities
Your use of the Services is subject to all applicable local, national and international
laws and regulations.
You will not use the Services:
(i) for any illegal purposes;
(ii) to store, retrieve, transmit or view any file, data, image or program that
contains: (a) any illegal pictures, materials or information; (b) any libelous,
abusive, threatening, harassing, harmful, vulgar, pornographic, obscene or otherwise
objectionable material of any kind or nature; (c) any material that encourages conduct
that could constitute a criminal offence, give rise to civil liability or otherwise
breach any applicable local, national or international law or regulation; (d) any
code or material that violates the intellectual property rights of others; or (e)
any viruses, worms, "Trojan horses" or any other similar contaminating or destructive
features.
- for any spamming, chain letters or other use that may otherwise disrupt the Services
or the networks through which you access and use the Services;
- to access or attempt to access any Services account for which you have no access
authorization or duplicate, modify, distribute or display any of the data or files
from any such account;
- to in a way that amounts to 'publishing'. You must restrict the use of sharing features
to share data between friends, colleagues and business partners only.
- to to sell digital content to others.
You shall comply:
(i) with English and other applicable law regarding the exportation and re-exportation
of any data or other materials from the United Kingdom or other jurisdictions through
the Services.
(ii) with all regulations, policies and procedures of networks through which you
access and use the Services.
Registration Information
You are required to promptly notify 24HRDV of any change in the information you
provide on your registration form during your registration for the Services. All
information provided by you on registration, together with any and all updates provided
by you from time to time under this paragraph, is referred to in these terms and
conditions as the "Registration Information." [ 24HR's policy regarding the privacy
and use of the Registration Information is set forth in 24HRDV's privacy policy,
as the same may be modified and amended by 24HRDV from time to time (the "Privacy
Policy"). When you accept these terms and conditions, you acknowledge that you agree
to the terms of the Privacy Policy. ]
Payment
You may choose to pay for the Services monthly or annually. If you pay annually
you will be entitled to a reduced monthly rate. However, if you terminate your Account
other than at the end of any year you will not be entitled to a refund for the balance
of any remaining months.
All fees for the Services are payable in advance. All fees quoted are inclusive
of Valued Added Tax which is payable at the applicable rate. A monthly or annual
charge to your credit card will be made by us in exchange for use of the Services,
as authorized by you. You agree that the enrolment for the next service period is
automatic.
24HRDIGITALVAULT.LTD may increase the fees for Services from time to time on giving
you not less than one month's prior notice (see 'Notices' below). If you do not
accept any increase in fees you may terminate your account. Refunds will only be
given on a pro-rated basis for complete unused months.
Late/Non-Payment
If you fail to pay any amounts owing to us on the due date we reserve the right
to close your Account and delete all your files and data after 28 days.
Use of IP Addresses
An IP address is a number that is automatically assigned to your computer whenever
you are surfing the Web. 24HRDV may collect IP addresses for the purposes of system
administration, to audit the use of our Site. We can and will use IP addresses to
identify a user when we feel it is necessary to enforce compliance with our terms
of service or to protect our service, site, customers, or others.
Security
24HRDV will endeavor 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 choose the encryption service for your Account.
24HRDV normally does not review, inspect, edit or monitor any content, data or files
stored by you or any other user of the Services. However, if 24HRDV suspects that
an account is being used for storage and distribution of any illegal material, 24HRDV
reserves the right to examine the content of the online storage and backup account.
24HRDV reserves the right to refuse, remove or disable access to any data or files
stored on 24HRDV's servers with immediate effect if 24HRDV reasonably believes such
data or files may be illegal, may breach these terms and conditions, may breach
the rights of any third party or otherwise may be objectionable
Encryption Service
24HRDV provides optional encryption of data service on storage with a user defined
key known only to the user. Even 24HRDV personnel do not have access to this key
as it is not stored on the 24HRDV servers. It is very important that you store this
key in a safe place and maintain this key in printed form for easier reference.
Any data backed up using 24HRDV can only be retrieved using this key and if you
forget or misplace this key then your data may not be retrievable. 24HRDV is NOT
responsible for loss of data arising in this event.
Back-up of your data
24HRDIGITALVAULT.LTD may make copies of all files and data for
the purposes of backup and recovery only. You will be able to back-up your files
using your folder settings and specify a time interval for backing up files to ensure
they are backed up regularly. Please note that back-ups will use up your disk quota
and therefore, you should set up your back-up limits responsibly. 24HRDIGITALVAULT.LTD
accept no liability whatsoever, for loss of files or data due to your failure to
back-up.
Disclaimer
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 YOUR ACCOUNT
AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO
YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. 24HRDV, 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 SERVICES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). 24HRDV 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.
Limitation of Liability
This clause sets out the entire liability of 24HRDV (including any liability for
the acts or omissions of its employees, agents and sub-contractors) to you in respect
of:
- any breach of these terms and conditions;
- any use made by you of Services or any part of them; and
- any representation, statement or tortious act or omission (including negligence)
arising under or in connection with this agreement.
Except as expressly and specifically provided in these terms and conditions all
warranties, conditions and other terms implied by statute or common law are, to
the fullest extent permitted by law, hereby excluded.
Nothing in these terms and conditions excludes the liability of 24HRDIGITALVAULT.LTD:
- for death or personal injury caused by 24HRDV negligence; or
- for fraud or fraudulent misrepresentation.
Subject to the above:
24HRdigitalvault.ltd SHALL NOT BE LIABLE, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE
OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION OR OTHERWISE FOR ANY INDIRECT
OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES OR OTHER PECUNIARY LOSS
ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICES OR YOUR
LOSS OF DATA OR FILES STORED IN YOUR ACCOUNT, LOSS OF PROFITS, LOSS OF BUSINESS,
LOSS OF ANTICIPATED SAVINGS, LOSS OF CONTRACT, LOSS OF USE, OR CORRUPTION OF DATA
OR INFORMATION.
24HRDV'S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH
OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION
WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED
TO THE PRICE PAID FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE DATE ON WHICH
THE CLAIM AROSE.
The liability caps in this clause are based on the levels of insurance coverage
obtained by 24HRDV and may, if they were to be increased in favour of you, result
in 24HRDV having to obtain increased levels of insurance coverage and that accordingly
you accept the limitations and exclusions as set out in this clause. If you wish
to increase the liability caps 24HRDV can discuss the additional fees payable by
you for doing so.
IN NO EVENT SHALL 24HRDV 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,
Indemnification
You shall defend, indemnify and hold harmless 24HRDV against all claims, actions,
proceedings, losses, damages, expenses and costs (including without limitation court
costs and reasonable legal fees) arising out of or in connection with your use of
the Services.
Force majeure
24HRDV shall be under no liability if it shall be unable to provide the Services
for any reason beyond its control including (without limiting the foregoing) Act
of God, legislation, war, fire, flood, drought, failure of power supply, lock-out,
strike or other action taken by employees in contemplation of furtherance of a dispute
or owing to any liability to procure materials required for the performance of the
contract. During the continuance of such a contingency you may by written notice
to 24HRDV elect to terminate your Account, but subject thereto shall otherwise accept
the Services when available.
Termination
Either you or 24HRDV may terminate your account at any time by giving notice of
such termination to the other. If 24HRDV wishes to terminate your account it shall
do so in the manner described in the clause headed 'Notices' below.
To terminate your account you must login online at
www.icubackup.com. Go to 'My Profile', choose Terminate Account' and provide necessary information
for termination.
Sending an email to
s...@i...p.com
for termination is not considered as a termination notice for security
reasons. On successful termination of your account by you, or by 24HRDIGITALVAULT.LTD,
your data files will be removed immediately, Further, if 24HRDV believes that you
have violated your obligations under these terms and conditions, 24HR 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 24HRDV's servers
and/or terminate your Account. 24HRDV will not be liable to you or any third party
for any suspension or termination of your Account or the Services.
Should you object to any of these terms and conditions or any subsequent modifications
thereto or become dissatisfied with the Services in any way, your only recourse
is to immediately discontinue use of the Services and terminate your account in
the manner stated above.
Complaints
If you have any complaints regarding the Services you should address them to
info@icubackup.com
Notices
Any notice under these terms and conditions given by 24HRDV to you will be deemed
to be properly given if sent by email to your email address as provided by you on
registration, [or by a startup screen that starts before your next use of the Services]
or by written communication mailed by first class post to your last notified address.
It is important that you maintain a correct working email id and update it if necessary
to be able to receive 24HRDV's communications.
Any notice under these terms and conditions given by
you to 24HRDV will be deemed to be properly given if received by email sent to
info@icubackup.com , except those that are related to cancellation
or termination of your Account.
Severability
If any of these terms and conditions are determined by any competent authority to
be invalid, unlawful or unenforceable to any extent, such term, condition or provision
will to that extent be severed from the remaining terms, conditions and provisions
which will continue to be valid to the fullest extent permitted by law.
Modifications to these Terms and Conditions
These terms and conditions may be changed by 24HRDV from time to time. Upon any
such change, 24HRDV will notify you of such change in accordance with the clause
headed ' Notices ' above and post an updated version of these terms and conditions
on 24HRDV's website located at
www.icubackup.com.
Your use of any Services after such notification will constitute your acceptance
of such changed terms and conditions.
IF YOU DO NOT ACCEPT THE CHANGES YOU MUST NOTIFY 24HRDV THAT YOU WISH TO CEASE
TO USE THE SERVICES.
Waiver
If 24HRDV fails, at any time to insist upon strict performance of any of your obligations
under these terms and conditions, or if 24HRDV fails to exercise any of the rights
or remedies to which 24HRDV is entitled, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by 24HRDV of any default shall not constitute a waiver of any subsequent
default. No waiver by 24HRDV of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to you in writing.
Assignment
Your right to use the Services is personal to you, and you will not assign, rent,
lease or time-share any of your rights, obligations or interest in your Account.
Without limiting the foregoing, these terms and conditions are binding upon and
inure to the benefit of the parties and their respective successors and assigns.
Entire Agreement
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.
Law and Jurisdiction
The provision of the Services through our site will be governed by English law.
Any dispute arising from, or related to, the Services shall be subject to the non-exclusive
jurisdiction of the courts of England and Wales.
