Hosted Backup Terms and Conditions

EFFECTIVE 1st October 2015

Thank you for using our Hosted Backup services. These terms and conditions are a legal agreement for Individuals and businesses. In order to use the service you are govern by these terms.

1. ACCOUNTS AND FEES

In order to use the Backup Hosting service you must first register via the Vivid Telecom website (www.vividtelecom.com). Once you have signed up it is your responsibility to ensure that your registration information is accurate, complete and up-to-date as long as you continue to use the backup service. Vivid Telecom currently offers a free backup account with limited storage. If the free backup account (Cloud 1) exceeds it allocated storage you would be required to upgrade your account to a paid subscription if you continue to use the service or delete any files in order to continue using the service. By signing up to a paid subscription, you agree to pay the fixed fee based on the package you have chosen. Any data that exceeds the allocated storage, you agree that Vivid Telecom may restrict your ability to backup further data until you purchase additional storage. In order to use Vivid Telecom Backup service you must ensure you have a valid Credit/Debit card subscription or Direct Debit Mandate in place which will allow your monthly subscriptions to be taken. If Vivid Telecom is unable to process a payment prior to your renewal date we may immediately suspend your account until full payment has been successfully processed. If you choose to terminate your account it is your responsibility to provide Vivid Telecom with 30 days notice and to login to your client area to “request cancellation”. Failure to do this will result in your monthly services being billed. Under no circumstances would Vivid Telecom allow cancellation to be made via email, telephone or post.

All backup services on the website is exclusive of VAT.

2. PROTECTING YOUR ACCOUNT

As part of the service being offered by Vivid Telecom it is your responsibility to keep your password secure. You also agree not to disclose your passwords to any third parties. If you forget your password or encryption keys you accept that you may not be able to access your backup data nor would Vivid Telecom be able to recover this for you. In the event that your account has been compromised you must notify Vivid Telecom immediately. If Vivid Telecom determines that a security breach has occurred we may suspend your account(s).

3. PROTECTING YOUR PRIVACY

You agree that Vivid Telecom use and disclosure of your personal information, backup data and other data will be governed by Vivid Telecom Privacy policy. Unless specifically agreed in writing by Vivid Telecom, you would be solely responsible for compliance with laws applicable to such information or data and your use of the Services.

4. SHARING CONTENT AND DATA

The service provided by Vivid Telecom will enable you share and synchronise your files between an unlimited number of devices either web based or app based. If you choose to use any third party features you agree that this would be at your sole risk and responsibility to keep your data safe. You also agree that you have obtained all the necessary rights and licences to any such content. By agreeing to the terms you grant Vivid Telecom a royal-free, non-exclusive licence to use any such content without any compensation to you or others but solely in order to provide you with the Services. Vivid Telecom reserves the right to refuse to post or remove any such content at any time without notice or liability to ensure it complies with applicable UK law.

At signup you will be asked whether you have any large data which you would like to be backed up on the servers. In order to speed up the syncing on your backup account we would advise you to backup your data on to a USB device which will enable us to plug in your device directly to our servers. This will save time and bandwidth. Once this has been completed we will notify you and return the USB hardware. If you do not have USB hardware available we would loan you the hardware at a cost. The cost of the USB hardware will be available on our Price List.

5. UK COMPLIANCE AND AUP

You are solely responsible for the data you store or share on the servers. You agree that you will not use the services:

– to violate any laws or regulations
– to infringe the intellectual property or other rights of third parties
– to transmit any material that is obscene or that contain malware, viruses or worms
– in connection with anything illegal that could result In death, mass destruction or personal injury
– in any other way which results in Vivid Telecom having to defends its own interests before a court, government agency or dispute     resolution body and/or which incurs any losses, costs, expenses, damages or other liability in connection with any threatened or actual   civil, criminal or administrative proceedings.

6. TERMINATION

This Agreement may be terminated by either party without cause by giving 30 days’ prior written notice or for the customer to login to the client area and requesting a cancellation of service. If the customer cancels the service using the client area and chooses “immediately” the service would terminate within 24 hours and would not be entitled to any refunds however the customer will be invoiced for the 30 days notice that is required.. The customer must ensure that their account is up to date prior to the account closing to that the service is completed cancelled.

7. DELETION OF DATA

Unless required by law to retain your data Vivid Telecom will delete your files in the event that you requested to terminate your service or whether we have given you notice to cancel. Note that once your service has been terminated we would be unable to restore your data.

8. LIMITED LIABILITY

Under no circumstances including negligence shall Vivid Telecom, employees or anyone involved in creating or distributing the service be liable to the customer or any third party for claims, cause of action or direct, indirect, incidental, special or consequential damages that result or have alleged to have resulted from the use of or inability to use the service. Vivid Telecom will not be liable for mistakes, omissions, interruptions, deletion of files, errors, loss of data or transmission or any failure of performance whether or not limited to acts of God or theft.

9. DISCLAIMER

You acknowledge and agree that any use of the Services, including any information or content obtained is at your own risk. You also acknowledge and agree that Vivid Telecom exercises no control over and accepts no responsibility for the content that passes through network hubs and the internet other than our controlled equipment.

You agree that Vivid Telecom is entitled to make changes to the terms and conditions set out for the Backup Hosting services and that it is your responsibility to check the terms in the event that such changes have been made.