Terms and Conditions

Definitions

"Data Evailability" "we" "us" means Data Evailability Ltd.

"you" means the Customer who is the subject of the Data Evailability Services Agreement ("DESA").

"the Software" means all or any computer programs sold or leased by Data Evailability to you, whether such programs are produced by Data Evailability, or are sold or leased as distributor or agent of a third party whether by licence or through the public domain.

"The Internet" means the worldwide collection of equipment and systems that include but is not restricted to access to items of service ("the Internet Service").

"The Services" means the Data Evailability Online Backup Managed Solution as outlined in the Description of Services and specified in the DESA.

Data Evailability Obligations

When the Services are operational, and connected to the Internet Service, we shall make all reasonable efforts to ensure that the Services are maintained and are fully available to you 24 hours x 365 days per year.

Payment

Save as appears below, the charges set out in the DESA are non-refundable and for a minimum period of twelve (12) months from the date of your agreement to the DESA. Thereafter the charges may be reviewed on an annual basis. You must pay annually as specified in the DESA. Unless otherwise stated, all charges are exclusive of VAT. Where any payment from you remains due and unpaid we will be entitled at our sole discretion to discontinue the service without further notice.

Restriction of Liability

You hereby confirm that you have not relied upon any representation made by us or on our behalf which has induced you to enter into this agreement except as is provided herein. If we delay or fail to perform our obligations under this agreement our maximum liability is limited to the amount already paid by you under this agreement for the Services (excluding VAT). Subject to this we shall not be liable to you for any claims loss damage (including consequential loss or damage) of whatsoever nature and howsoever caused except as is provided by statute. Except for the terms of this agreement (or required by law) no other conditions warranties terms representations and undertakings apply. If we are prevented from providing the Services for any reason beyond our reasonable control, we may suspend or delay delivery of the Services and shall not be held responsible or liable to you for our inability to deliver them. We cannot guarantee the proper delivery of any email message or other data item once it has left the confines of our network, and similarly we cannot guarantee that data traffic will be delivered or that its contents will be held secure once it passes from our control.

Unlawful use of the Service

You warrant and undertake that neither you nor any person authorised by you will knowingly publish or transmit over the Internet nor store on the Data Evailability Online Backup Storage Platform any material that is obscene, threatening, defamatory or likely to cause offence or which in any way infringes the intellectual property rights of another party. You hereby agree to indemnify and hold us harmless from any and all demands losses claims proceedings damages costs and expenses including legal fees arising out of any claim against us in relation to such materials.

Duration

This Agreement shall commence on the day the software is installed and shall, subject to the other provisions hereof, continue for a minimum period of twelve (12) months ("initial period"). At the end of the initial period it shall be automatically renewed for a further twelve (12) months unless notice of termination in writing is given by either you or us prior to the end of any twelve (12) month period.

Termination

We reserve the right to terminate this Agreement at any time in the event that you commit a material breach of this Agreement and fail to remedy the same within 30 days of receipt of written notice from us. Any termination shall be without prejudice to our other rights or to your liability for amounts payable under this agreement.

General

This agreement contains all the terms agreed between us and supersedes any previous communications representations or agreement by either of us including any terms and conditions on your order. No modification of this agreement will be accepted unless made in writing and signed by one of Data Evailability's Directors. Until we acknowledge acceptance of the deposit/advance payments requested in the DESA we will not be bound by the DESA. Our acceptance will form a contract subject only to these Terms and Conditions.

We may assign our rights and obligations under this agreement. You may only assign your rights without further payment only with our written consent (not to be unreasonably withheld) where the assignment is to a parent affiliate or subsidiary corporation purchasing all or substantially all your assets or where you merge with another corporate entity or partnership providing in each case the proposed assignee is not in our reasonable opinion a competitor.

The waiver by either party of any breach of these Terms and Conditions will not prevent the subsequent enforcement thereof and shall not be deemed a waiver of any subsequent breach. If any part of this agreement is adjudged by a court of competent jurisdiction to be invalid such judgment shall not affect the remainder of this agreement which shall remain in full force and effect.

Notices may be given by first class mail or by delivery to the address shown on the DESA or any other address specifically in writing for the purpose of the DESA. English Law shall govern this Agreement and the forum for settling any dispute shall be the English Court.

Address

Data Evailability Ltd
34 Campbell Drive
Peterborough
PE4 7ZL

Terms

These terms and conditions may be changed from time to time. Please check back here to view the latest version.

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