You warrant that any software you transmit and store using the Data Backup Service contains no encryption or, to the extent that it contains encryption, such software is approved for export without a license. You also warrant that any technology you transmit and store is approved for export without a license. Notwithstanding the foregoing, you are solely responsible for obtaining any specific licenses relating to the export of technology and/or software if a license is required.You further agree that you will not:
- Create any links, whether on a web page, in an e-mail or otherwise, that direct anyone to any part of your Account; or
- Interfere with the servers or networks connected to the Data Backup Service.
5. FAIR USAGE POLICY
Remote Working Help Desk provides multi-tenanted SaaS solutions and seeks to ensure and maintain an optimal user experience. Remote Working Help Desk is committed to an up-front, published, simple, transparent and no-nonsense subscription pricing model. We don’t set out to tempt customers with low upfront pricing and then “pile on” additional charges for storage etc. We do not charge extra storage costs when the tool is used reasonably and normally. We do however need to ensure that the provision of our services is profitable, as well as fair. That’s why we monitor technical usage and work according to a Fair Use Policy.
This Fair Use Policy has been created to prevent improper use of the software, so we can offer all our customers an excellent user experience. The Fair Use Policy for our SaaS solution comprise storage, traffic, emails and compute – this includes for example file storage, database size, the amount of internal and external network traffic including web traffic, the number of emails sent from and received by our servers, and the amount of database load and API load – including CPU time, memory use and queue lengths across all services.
Remote Working Help Desk does not charge extra costs when the tool is used reasonably and normally. When we determine the scope of Fair Use we take into account your contract, technical advances and the current price rate of all necessary assets. We’ll adjust these values when there is reasonable cause. In general, this will often mean expansion and rising of thresholds and reducing the cost of excessive use, as a result of lower costs of cloud storage and cloud computing. We will inform you in a timely fashion, when these changes affect your costs or use. When we detect something out of the ordinary in your Remote Working Help Desk SaaS environment, we’ll contact you to discuss the situation and potential alternatives. If the situation doesn’t change, may have to limit the available storage, bandwidth, database usage, API usage or allowed emails, for example. Alternatively we may discuss with you options for temporarily isolating your system from other multi-tenanted users.
6. INSPECTION OF YOUR CONTENT
REMOTE WORKING HELPDESK does not control the Content of any customer’s account and does not have any obligation to monitor or review Content for any purpose. Notwithstanding the foregoing, if REMOTE WORKING HELPDESK reasonably suspects that an Account is being used for storage or distribution of any Content that violates these Terms and Conditions, REMOTE WORKING HELPDESK reserves the right, in its sole discretion and subject to applicable law, to terminate your account, delete your Content and/or, if applicable, notify the appropriate authorities, without prior notice to you.
Your content (including personal information) is subject to examination by law enforcement officials or others without your consent, upon presentation to you
or REMOTE WORKING HELPDESK of a search warrant, subpoena or other legal process, or if background reasonably suspects a violation of these terms and conditions has occurred.
Unless required by law, you have no right to be notified by REMOTE WORKING HELPDESK of any such disclosure. You agree to hold REMOTE WORKING
HELPDESK harmless from and against, and waive (to the extent permitted by applicable law) any claims you may have against background resulting from any disclosure, investigation or act or omission of REMOTE WORKING HELPDESK in the course of conducting or cooperating with an investigation as set forth in this section.
If you receive Software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software.
We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the
Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the
Software, or we may disable it. You must not work around any technical limitations in the Software.
8. TRIAL PERIOD
You may use our trial data protection service for a period of 30 days from the date when you are first given access to it, solely with the demonstration data
provided by Remote Working Help Desk or you through your use of our 30 day free trial data protection service, until the Agreement or your right to access the trial data protection service expires or is terminated. You understand that this trial period does not in any way extend to the device repair service provided for in clause 13. You hereby understand that our device repair service shall commence immediately the above mentioned 30 day free trial period lapses. It is upon lapse of the same that subscribers are permitted to lodge a claim thereafter after the 30 day trial period and in the event the subscriber paid two months subscription after the lapse of the 30 day trial period. In the alternative the subscriber has the liberty to lodge a claim after the lapse of their second month subscription payment.
9. DISCLAIMER OF WARRANTIES
The transmission, storage, viewing and restoration of Content through the Internet are subject to a variety of conditions that make such transmission,
storage, viewing and restoration potentially unreliable. Accordingly, to the fullest extent permitted by law, you agree that use of the data backup service is
at your sole risk. The data backup service is provided to you on an “as is” and “as available” basis. REMOTE WORKING HELPDESK expressly disclaims all
warranties and conditions of any kind, whether express or implied, with respect to your account or the data backup service, including, but not limited to, the
implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement. Without limiting the
foregoing, REMOTE WORKING HELPDESK makes no representation or warranty: (a) that the data backup service will meet your requirements; (b) that
the data backup service or your access to it will be uninterrupted, timely, secure, virus-free or error-free; (c) that your content will not be lost, compromised or
damaged; (d) that your computer or network operations or those of any person with whom you share content will not be negatively affected by your use of the data backup service; (e) that any data on your computer or network will not be lost or damaged as a result of your use or non-use of the data backup service; or (f) that defects in the data backup service will be corrected. No advice or information, whether oral or written, obtained by you from REMOTE WORKING HELPDESK or through the data backup service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, REMOTE WORKING HELPDESK shall not be liable for any indirect, incidental, special, consequential or punitive damages or lost profits, or lost revenue arising out of this agreement, including without limitation: (1) the use of or inability to use the data backup service, (2) loss or alteration of content, (3) any claim attributable to errors, omissions or other inaccuracies in the data backup service, (4) unauthorized access to or alteration of content or other transmissions, or (5) any other matter relating to the data backup service, even if REMOTE WORKING HELPDESK has been advised of the possibility of such damages. To the extent permitted by law, you agree that REMOTE WORKING HELPDESK’s total liability for damages related to the data backup service is limited to the total amount you have paid for the data backup service over the 12 month period leading up to the cause of the claim, or, if your claim arose during a free trial period, to the then-current annual amount charged for the data backup service.
Notwithstanding anything in these Terms and Conditions to the contrary, the remedies set forth in these Terms and Conditions shall apply: (i) even if such
remedies fail their essential purpose, (ii) as a result of a breach of a fundamental term of the Agreement, or (iii) as a result of a fundamental breach of the
Agreement. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case REMOTE WORKING HELPDESK’s liability shall be limited to the maximum extent permitted by applicable law.
11. THIRD-PARTY CLAIMS/INDEMNIFICATION
You agree that you are personally responsible for your behavior in connection with the Data Backup Service. REMOTE WORKING HELPDESK shall not be
liable for claims made against you or REMOTE WORKING HELPDESK arising out of your use of the Data Backup Service, and you hereby agree to indemnify and hold REMOTE WORKING HELPDESK, its related companies, officers, directors, employees and agents harmless from and against any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of the Data Backup Service, the use of the Data Backup Service by any other person who accesses it using your Account Information, your Content, your violation of these Terms and Conditions or your infringement of any intellectual property or other right of any third party.
12. LICENSE; TITLE
Your subscription is made for a license to use the Data Backup Service. You obtain no right, title or interest in the ownership of any software, marketing
materials or other intellectual property used by REMOTE WORKING HELPDESK to deliver the Data Backup Service. You must notify REMOTE WORKING
HELPDESK within 21 days of the date of your order if you believe there is a defect with your subscription.
13. REPAIR SERVICE
IMPORTANT: You are responsible for ensuring that you have backed-up all data on your device before we access your system. We will not be responsible for any loss of data, pictures, information or programs on your device.
13.1 On-Site Repairs and Services
If you book an on-site repair appointment we will need the following at the time of appointment:
- Full access to the device being repaired.
- Your agreement to follow our reasonable instructions.
13.2 Remote Repair
Some issues are not able to be resolved remotely but we will use reasonable amounts of skill and care to resolve problems you have requested us to do. It
may be necessary for your device to be delivered to our workshop to resolve your problem but we talk about all the available options at the time of the remote repair session.
13.3 Liability Exclusions
Although we do not have specific knowledge of your device configuration we will attempt to minimize disruption to your system as much as we can but we cannot be responsible for any unforeseen issues that may arise from any of our services. Please note that if your device system is under manufacturer warranty our services may affect manufacturer warranty validity. It is your responsibility to assess the effect of our services on any manufacturer’s warranty.
We cannot be held responsible or liable for any service performed for you regarding:
- any loss data, data corruption, loss of images, documents or information
- any financial loss, or loss and interruption to business or contracts
- any failure by you to follow our reasonable recommendations or instructions
- any losses or issues you may suffer due to your use of (or failure to use)
- any anti-virus software
- any loss that is not reasonably foreseeable.
13.4 Repair/Service Cancellations
It can take many hours to fully diagnose and repair your device and often we need to purchase parts that are required for your repair. If at any time you decide to cancel the repair you will be liable to make payment of any parts ordered for your repair and a calculation of the cost of labor to the maximum of the agreed quoted cost of repair will be charged. We will not release any item back to you until payment in full is received.
13.5 Unforeseen Damage of Malfunction
You understand we will be unaware of any other potential problems that could arise as a result of the initial damage or by opening / disturbing the internal
logic boards and internal cables during dismantle / repair. This may result in additional charges to cover the costs of parts required to complete the repair. We will endeavor to make you aware of this at the time of repair/diagnosis.
13.6 Your data – includes photos, emails, documents
It is your responsibility to ensure your data is backed up prior to repair. We will not be liable for loss of data whatsoever.
We ensure the protection and honesty of the data it gathers by utilizing fitting authoritative conventions, specialized shields, and actual security controls
intended to restrict access, identify and forestall the unapproved access, inappropriate divulgence, adjustment, or obliteration of the data under its
influence. We communicate the data utilized by its outer specialist co-ops for the particular re-appropriated tasks recorded above across open and private organizations through perceived encryption advances, for example, by utilizing Secure Sockets Layer (SSL) programming, which scrambles the data you input. Despite the fact that we follow the strategies set out above to ensure the Personal Information submitted to us, no technique for transmission over the Internet, or strategy for electronic capacity, is 100% secure. Hence, while we endeavor to utilize financially satisfactory intends to ensure your Personal Information, we cannot ensure its outright security.
We reserve the right to change, suspend, limit or discontinue any of our Services, in whole or in part at any time for any reason, without notice (unless required by law). We may refuse service to anyone and may terminate or suspend your services and your access to the website in whole or in part at any time, for any reason, without notice unless required by law. If we terminate, limit or suspend your access to our website:
- You don’t have a contractual or legal right to continue to use our website.
- We will not be liable to you for the effect that any changes to the Service may have on you.
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.