Accountz Online Backup Terms and Conditions



General Information

 

•    Company Name: Accountz.com Ltd (‘Accountz’)
•    Registered Office Address: South Fens Business Centre, Fenton Way, Chatteris, PE16 6TT
•    Contact Details: If you are seeking Pre-Sales advice or Product Support please call 01354 691650 or email support@accountz.com
•    Company Registration: Accountz.com Ltd is a limited company registered in England and Wales under company registration number 3887628
•    Accountz is a registered trademark of Accountz.com Ltd in the UK and other territories.
•    VAT Registration: No 824111178

Accountz Online Backup and Recovery with Annual Recurring Billing Terms and Conditions

DEFINITIONS

In these conditions the following terms have the following meanings:

1.1.   ‘Account’ means Accountz.com Ltd;
1.2.   ‘Agreement’ means these terms and conditions;
1.3.   ‘Commencement Date’ means the date the Scheme is registered;
1.4.   ‘Initial Term’ means 12 months;
1.5.   ‘Licence Key’ means our product key for the Scheme
1.6.   ‘Scheme’ means Accountz Online Backup and Recovery with annual recurring charges;
1.7.   ‘The Charge’ means the charge from time to time for our products Home 24.59, Basic 40.00 Professional 60.00 and Enterprise 100.00
1.8.   In this Agreement references to ‘we’, ‘us’, ‘our’ or the ‘Company’ are references to Accountz and references to ‘you’ or ‘your’ are references to the person or organisation in whose name the Scheme have been created.

TERMS AND CONDITIONS

1.  General

1.1.   This Agreement sets forth the terms and conditions that apply to your use of the Scheme.

1.2.   The Scheme will retain one (1) backup for each month you are a subscriber for, along with all the backups from the previous week or the last five (5) backups whichever is greater for each unique project's data file.

1.3.   The Charges are payable annually in advance on or before the Commencement Date.

1.4.   The Charges are payable without any deductions or withholding of anything but with the addition of VAT.

2.  Registered Details and Passwords

2.1.   Once registration of the Scheme has taken place you are solely responsible for the safekeeping of the password and registered email. 

2.2.   In the event that you lose or forget your password or require this to be changed, you can reset the password by logging into the Accountz Hub. If your associated e-mail needs to be changed for the online service, Accountz will need to action this for your with a charge of £30+VAT payable prior to the change.

3.  Termination

3.1.   The Agreement is for the Initial Term commencing on the Commencement Date. Thereafter the Agreement will automatically continue unless terminated in accordance with clause 3.2.

3.2.   The Agreement can be cancelled at any time subject to 14 days written notice by either Party not to expire before the end of the Initial Term. In these circumstances you will only be entitled to a refund where the Licence Key has not been activated.

3.3.   The Charge will be fixed for the Initial Term and thereafter Accountz shall be entitled to increase its charges from time to time at intervals of not less than one year. Accountz shall give sufficient notice of any such variation in charges to enable you to exercise your rights to terminate the Agreement by giving 14 days notice.

3.4.   If you exercise your right to terminate under clause 3.2 Accountz will no longer make any backups and may remove and destroy any data from its server.

3.5.   Accountz will destroy any data held by it on its server on request sent to support@accountz.com

4.  Your Obligations

You are responsible for:

4.1.   Ensuring that you have adequate internet connection in place.

4.2.   Ensuring that any information that we may reasonably require from you in order to provide the Scheme is provided promptly and is complete, accurate and not misleading.

5.  Limitation of Liability

5.1.   Nothing in this Agreement shall limit or exclude Accountz’s liability for:

1.    Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

2.    Fraud or fraudulent misrepresentation;

3.    Breach of terms implied by section 2 of the Supply of Goods & Services Act 1982.

5.2.      Subject to clause 5.1:

1.    Accountz shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of Profit, or any indirect or consequential loss arising under or in connection with the Agreement; and

2.    Accountz’s total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charge.

5.3.   The terms implied by sections 3 to 5 of the Supply of Goods & Services Act 1982 are, to the fullest extent permitted by law, excluded from the Agreement.

5.4.   This clause 5 shall survive termination of the Contract.

6.  Privacy Statement

Your use of the Scheme is subject to Accountz privacy policies, as may be amended from time to time, as set forth in the Accountz Privacy Policy at www.accountz.com/pages/privacy-policy By registering for this Scheme, you consent to the use of your personally identifiable information in accordance with such privacy statement.

7.  Assignment

7.1.   Accountz reserves the right to assign this Agreement and to sub-contract all or any of its obligations.

7.2.   This Agreement is personal to you and you may not without Accountz’s prior written consent:

1.    Assign or dispose of it;

2.    Part with any interest in it; or

3.    Grant any lease or licence or delegate any rights conferred by it.

8.  Variations

8.1.   Accountz may add to or vary any feature of the Scheme at any time on prior written notice to you.

9.  Termination on Default

9.1    The Supplier may at any time by written notice terminate this Agreement or suspend its performance of all or any of its obligations under it immediately and without liability for compensation of damages if:

1.    The Customer fails to comply in any material respect with this Agreement;

2.    The Customer dies, becomes bankrupt, has a receiving order made against him, makes any arrangement with his creditors generally or takes or suffers any similar action as a result of debt;

3.    The Customer convenes a meeting of its creditors or suffers a petition to be presented or a meeting convened or other action to be taken with a view to its liquidation except (with the written approval of the Supplier) for the purposes of and followed by amalgamation of reconstruction;

4.    A receiver or administrative receiver is appointed of any of the Customer’s property.

9.2.   Any termination under 9.1 shall be without prejudice to any prior rights under this Agreement.

10.  Waiver

Failure by either Party to enforce any provision of this Agreement shall not be construed as a waiver of any of that Party’s rights. If either Party to this Agreement exercises its rights of waiver such waiver shall not be construed as a waiver of such rights in relation to any other.

11.  Notices

11.1.  Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail or air mail, or by facsimile or email (confirmed by first class mail or email), to the address or to the facsimile number of the relevant Party set out in the Proposal, or such other address or facsimile number as that Party may from time to time notify to the other Party in accordance with this clause.

11.2.  Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case of inland first class mail), or 7 working days after posting (in the case of air mail), or on the next working day after transmission (in the case of facsimile messages, but only if a transmission report is generated by the sender’s facsimile machine recording a message from the recipients facsimile machine, confirming that the facsimile was sent to the number indicated above and confirming that all pages were successfully transmitted) or the next working day after sending (in the case of email).

11.3.  In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be.

12.  Third Parties

No term of this Agreement shall be enforceable under the Contract (Rights or Third Parties) Act 1999 by a third party (being any person other than the Parties to this Agreement).

13.  Law and Jurisdiction

This Agreement shall be subject to and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.