Cloud Backup Terms

33.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 33.1.2;
2. You can only expect Services in accordance with the terms of this Agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 33.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.

33.1.2 Terms/Representations

1. We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this Agreement and any agreement of our third party suppliers.
2. A Cloud Backup plan covers the amount of disk space advertised on our website. You must purchase additional upgrades or change to another plan if you require more disk space.
3. Any data stored as part of the Cloud Backup service will be deleted within 90 days of the expiration of the Cloud Backup licence.

33.2.1 Agreement

You expressly and irrevocably agree that:

1. It is your responsibility to ensure that Services are utilized to their full potential;
2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
4. We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
1. An account credit; or
2. A refund,

only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.

5. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
6. We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
7. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
8. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
9. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
10. Your request for refund will be denied where:
1. Service on the claim has been used illegally or outside the terms of service;
2. We believe you have breached your agreement with clause 33.1.1 in any way;
3. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
4. We believe the request is fraudulent.
11. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
12. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 33.2 of these terms in any way whatsoever at any time after indicating your agreement to these terms.

33.2.2 Process of claiming refund

In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 33.2.1 of this Agreement.

Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.