|
ACS Remote Backup Service Agreement
Acme Computer Service • PO Box 742 • Whitehall, Pa. •
18052 • 610.297.0149
The Remote Backup services provided by Acme Computer Service for
the Customer will be conducted under the following terms and conditions.
1. BACKUP SERVICE: Acme Computer Service agrees to offer to provide an initial
full backup of the Customer’s computer(s) DATA FILES ONLY, NO PROGRAM FILES, OR VIDEO FILES and then provide
partial (incremental, differential) backups of the Customer’s DATA
FILES ONLY, NO PROGRAM FILES OR VIDEO FILES when initiated by the schedule.
NOTE: No backups shall be scheduled on Sunday. Acme Computer Service will store
these data files for the Customer for the term of the Subscription. One license
is required for each computer.
2. The TERM OF THIS SERVICE AGREEMENT: Subscription shall be determined by the payment option
customer chooses. This agreement shall be automatically renewable at the option
of both parties for periods of the same length with the first such renewal
period to commence upon the date of expiration of the initial subscription
agreement. In the event of renewal,
the Customer shall pay the amounts as per fee schedule, subject to any increases
in rates as specified in Section 5. Upon cancellation, at any time, customer
data will be purged within 48 hours. No monies shall be returned for unused
portions of subscription. A separate subscription agreement is required for each
computer.
3. LIMITATION OF WARRANTY LIABILITY: Acme Computer Service warrants and represents that the
equipment used to store the data will be free from defects in material and
workmanship and be maintained in a professional manner. Equipment for storage
will also be kept in a secure facility. Acme
Computer Service has not made and makes no guarantee or warranty, including
implied warranty or merchantability or fitness, that the services supplied will
avert, avoid or prevent the loss of data or information or the consequences
there from, which the service is designed to provide. Customer understands that
the data is not encrypted, unless required by the customer, and agrees to hold
Acme Computer Service harmless for any loss or harm to the condition of such
data and releases Acme Computer Service, its representatives or employees of all
liability for any claim for loss or damages to the data caused by efforts of
Acme Computer Service to retrieve data, or otherwise. Customer represents that
it is in lawful possession of all data made available to Acme Computer Service,
and that possession of such property is not forbidden by any local, state or
federal law. It is mutually understood and agreed that in executing this
agreement, Customer is not relying on any advice or advertisement of Acme
Computer Service. ‘Customer agrees that any representation, promise,
condition, inducement or warranty, express or implied, including those of
merchantability and fitness, not included in writing in this agreement shall not
be binding upon any “party”. The Customer assumes all risk for any loss or
damage to the Customer’s data files except as specified herein.
4. EXCLUSIVE REMEDY: Because of the nature of the services rendered and the
system as a whole, it is impractical and extremely difficult to fix the actual
damages, if any, which may result from failure on the part of ACS Remote Backup
Service to perform its responsibilities under this contract. Customer does not
desire this contract to provide full liability for loss, damage or injury due
directly or indirectly to occurrences, consequences there from, which the
service or system is designed to deter or avert. If Customer desires additional
liability coverage, it shall be his/her responsibility to secure it from an
insurance carrier or other agency of his choice, at his/her own expense.
5. INCREASE IN SERVICE FEES: Notwithstanding the terms and conditions set forth herein,
after the expiration of the initial subscription term of this agreement, Acme
Computer Service may, at any time, increase the fees and charges upon giving the
Customer notice in writing by invoice. In event Customer shall be unwilling to
pay the increased fee , the Customer may terminate the subscription agreement
upon giving notice via email to Acme Computer Service. Failure to notify Acme
Computer Service will constitute Customer consent to the increase and all other
terms and conditions of the agreement shall remain in full force and effect. If
the Customer elects not to renew service all information will be purged from the
Acme Computer Service Server(s) within 48 hours of the written notice. See
Addendum “ACS Remote Backup Schedule of Fees”
6. COMMUNICATION CIRCUITS: Customer is responsible for the cost and maintenance of all
telephone or other communication circuits required for dutiful transmission and
system access (IE: High Speed Internet). All data files are transmitted over
communication company circuits, which are wholly beyond the control and
jurisdiction of Acme Computer Service and are maintained by the communications
Company. If these communication circuits are not functional for any reason the
data files may not accurately or completely reach the Acme Computer Service
facility or equipment. Acme Computer Service cannot be responsible for the
continued operations or neither functioning of these communication circuits nor
the reliability of the data files being received over them. No monies shall be
returned for communication outages.
7. DEFAULT AND TERMINATION: This agreement may be terminated by either party for breach
of contract of the other party, provided written notice of such breach is given
and such breach is not cured within thirty (30) days of receipt of such notice.
Upon the curing of such breach of contract, the party claiming such breach shall
give written notice that the breach has been cured and the agreement continues
in full force and duration. This agreement may also be terminated upon notice of
Acme Computer Service, in the event, Acme Computer Service’s computer
equipment, communication circuits, or other equipment are destroyed by fire,
other catastrophe, or by any other means or is so substantially damaged that it
is impractical to continue the service to the Customer. This agreement may also
be suspended upon written notice of the Customer that the system of the Customer
has been destroyed or damaged by fire or other catastrophe and that the system
must be replaced or repaired. The agreement shall resume upon repair or
replacement of the Customer system. In any case no MONIES will be refunded for
any unused service.
8. WARRANTY OF CUSTOMER: The individual signing this Agreement for the Customer
warrants that he/she has the authority to sign this Agreement and as well as the
authority to contract for the services provided herein. Customer understands
that Acme Computer Service may print Customer’s Company Name in Acme Computer
Service marketing materials or website as a previous client while not disclosing
any details of any data related to work done in this Agreement.
9. COMPLETE AGREEMENT: This document, with any specified addenda, is a complete
agreement. Any representation, promise, condition, inducement or warranty,
express or implied, verbal or written, unless expressed in writing in this
Agreement or any Addendum thereto, shall not bind either party and the terms and
conditions hereof apply as printed without alteration or qualification except as
specifically endorsed thereon in writing. A judicial determination nullifying
any clause or condition herein shall not be deemed to nullify the balance of
this Agreement, which shall remain in full force and effect.
10. ENCRYPTION KEY: It is the FULL responsibility of Customer to
write down the encryption key if the choice is made to encrypt the data at the
initial installation of service. Acme Computer Service will not be held
responsible for loss of encryption key and does NOT maintain client keys.
Customer understands that without the encryption key, the encrypted stored data
can not be retrieved and shall not hold Acme Computer Service responsible in any
way for any losses of any kind whatsoever.
Service Provider shall not be
required to perform any term, condition, or covenant in this agreement so long
as such performance is delayed or prevented by any acts of God, strikes,
lockouts, material or labor restrictions by any governmental authority, civil
riot, floods, and any other cause not reasonably within the control of the
Service Provider and which by the exercise of due diligence Service Provider is
unable, wholly or in part, to prevent or overcome.
Acme
Computer Service has a policy of non-disclosure of any data, information, trade
secrets or other information that Acme Computer Service, its agents or employees
may be privy to in the course of doing business to any other sources not
specifically approved by the client. Violations of any Local, State or Federal
laws may not be protected under this policy.
|