Legal Information

Subject to Sydney Backups’ acceptance of your registration and your compliance with the terms and conditions of this Agreement, Sydney Backups will provide you with the following service (the “Basic Service”):

– Sydney Backups will establish one (1) online storage account in Your name on the Sydney Backups servers (the “Account”).

– In Your use of the Service, you are responsible for providing all equipment, such as a computer and modem, necessary to access the World Wide Web and payment of all telephone or other fees associated with such access.

– Sydney Backups provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Refer to the home page to get the current status (if such feature is available) on the services.

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 the Public Folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

You will:
– not use the Service for any illegal purposes.
– not use the Service to store, retrieve, transmit or view any file, data, image or program that contains:
— any illegal pictures, materials or information;
— any harassing, libellous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature;
— any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
— any code or material that violates the intellectual property rights of others;
— any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or
— any viruses, worms, “Trojan horses” or any other similar contaminating or destructive features;
– comply with Australian and other applicable law regarding the exportation and re-exportation of any data or other materials from Australia or other jurisdictions through the Service;
– not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service;
– comply with all regulations, policies and procedures of networks through which You access and use the Service; and not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.
Sydney Backups service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes.
Sydney Backups may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. Sydney Backups is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Storage and Backup service. Sydney Backups is not responsible for any business interruptions that may be caused due to this process.

You will promptly notify Sydney Backups of any change in the information you provide on your registration form during your registration for the Service (including, without limitation, any change in your mailing address, telephone numbers or email address). The registration information provided by you on your registration form during your registration for the Service, together with any and all updates provided by you from time to time under this paragraph, is referred to in this Agreement as the “Registration Information.” Sydney Backups’ policy regarding the privacy and use of the Registration Information is set forth in Sydney Backups’ privacy policy, as the same may be modified and amended by Sydney Backups from time to time (the “Privacy Policy”). When you accept this Agreement, You acknowledge that you agree to the terms of the Privacy Policy.
You authorise a recurring monthly or annual charge to your credit card in exchange for use of the Sydney Backups service as indicated by published standard plans or a customised quote provided for your specific use. You also agree that the enrolment for the next service period is automatic. Refunds for monthly subscriptions are issued only if the account is cancelled within 15 days of its creation date.
When yearly subscriptions are cancelled before the subscriptions end, refunds are issued based on a pro-rated calculation of the subscription charges at the monthly rate for the plan, for the actual number of days the account was subscribed (the number of days between the most recent yearly charges and the cancellation date). If the calculated refund amount exceeds the yearly subscription rate, then no refund is issued.

An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Sydney Backups 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 house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from Sydney Backups, such as registration related ones, may display IP addresses along with the message.

Sydney Backups 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 user defined private key option for your Sydney Backups account.

Sydney Backups maintains regular backups of data to recover from software or hardware failures. The frequency of regular backups may vary from a day to a few weeks. In the event the data is restored from backup devices back to primary, the available data may not be in sync with production data prior to failure. We advise you to audit your logs for the desktop application completely including individual entries for files and total count periodically to ensure that the backups are taking place successfully and in case of errors, take corrective action. Sydney Backups requires periodic review, at least on a weekly basis to verify the execution of backups as backups could fail for any number of reasons including but not limited to, Internet connectivity issues, authentication issues, firewall, blocks by anti-virus programs and system configuration changes to the computer etc. Also, do upgrade the backup client periodically to the most recent version for improved reliability and functioning of the backup application. Version Number (if applicable) and Release Dates are posted on respective product download pages. Out of date versions of the application may lead to unreliable functioning of the application.

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. Sydney Backups, 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 service (including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement). You’re account and the service may not meet your needs. Sydney Backups makes no representation or warranty:
That your account or the service will meet your needs;
That access to your account or the service will be timely, error-free, uninterrupted, virus-free or secure;
That the data and files you store in your account will not be lost or damaged;
That the data on your desktop or server will not be lost or damaged; or
That defect 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.

In no event shall Sydney Backups or its advertisers or suppliers 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, any loss of data, revenue or profits or business interruption) or other pecuniary loss arising out of your use or inability to use your account or the service or your loss of data or files stored therein.

You will defend, indemnify and hold Sydney Backups, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of
Your use of Your Account and the Service,
any data files and content stored by You in Your Account and otherwise on the Sydney Backups servers and
any violation of this Agreement by You.

Either you or Sydney Backups may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 13 below. Further, if Sydney Backups believes that You have violated Your obligations under this Agreement, Sydney Backups 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 Sydney Backups’ servers and/or terminate this Agreement. Sydney Backups will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately:
discontinue use of the Service;
terminate this Agreement; and
notify Sydney Backups of such termination.
Upon any termination of this Agreement, Sydney Backups will remove your stored data files from main storage and archives immediately. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

Any notice under this Agreement given by Sydney Backups to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information or by written communication mailed via Australia Post Registered Post to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive Sydney Backups’ communication. Any notice under this Agreement given by You to Sydney Backups will be deemed to be properly given if received by email sent to Sydney Backups’ Customer Service at [email protected] Backups.com.au, except those that are related to cancellation or termination of the account. Sending an email to [email protected] Backups.com.au for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of account by the user, or by Sydney Backups due to various reasons including non-payment for the services, user data files will be removed immediately. Sydney Backups may delay the cancellation related to non-payment for the services and provide a grace period of up to 60 days from due date to allow for the customer to arrange for payments.

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and Such invalidity or unenforceability will not affect any other provision of this Agreement.

The terms and conditions of this Agreement may be changed by Sydney Backups from time to time. Upon any such change, Sydney Backups will notify You of such change in accordance with paragraph 13 above and post an updated version of this Agreement on the Sydney Backups website. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.

Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Sydney Backups’ failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. 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.