The following terms and conditions are the sole basis under which Databackup ltd will provide Remote-Assist services.

If you do not agree with all these terms and conditions you must not continue to use the our Remote-Assist services.

Definitions:

1. Databackup Limited ("DL") a New Zealand registered company is the sole owner and operator of the Remote-Assist service.

2. The Client is deemed to be any person or organization who makes a connection via the internet to any server owned or operated by DL.

3. The Remote-Assist service is deemed to include any connection to any server owned or operated by DL.

The Client acknowledges that:

1. DL and its employees and agents will use its best endeavours to provide a high quality remote control service.

2. DL will use its best endeavours to provide appropriate technology and maintain its systems in an appropriate manner however DL cannot guarantee the availability, reliability or performance of the Remote-Assist service.

3. DL requires that the Client adhere to these steps in providing a secure remote control service. These security requirements may be updated from time to time.

4. The Client agrees to carefully safeguard all of the passwords and account information associated with the Remote-Assist service. The Client is solely responsible for maintaining the confidentiality of passwords and account information. If the Client suspects that their password or account information has been stolen or otherwise compromised the Client must notify DL immediately.

5. The Client is solely responsible for any and all activities that occur under the Clients account. The Client agrees to immediately notify DL of any unauthorized use of the Clients account or any other breach of security known to the Client.

6. DL cannot control the actions of those who use DL's Remote-Assist service and therefore DL accept no liability whatsoever for the consequences of any action carried out by any individual who connects to any server owned or operated by DL.

Additional Terms and Conditions

1. Monthly Fee: The monthly fee is reviewable from time to time upon DL giving the client not less than three months written notice of intention to review, or amend the monthly charge. All regular monthly payments for the DataSafe Remote-Assist service must be paid by automatic payment authority made during the third week of each month for that month's service.

2. Termination: The service may be terminated at any time, without the requirement to give reason, by either party giving one month's notice in writing to the other. Notice may be given in writing by facsimile, letter or email. In addition to this, DL will have the right to immediately terminate or suspend the service if:
   
   • The Client attempts to transfer material which in the sole opinion of DL is offensive, pornographic, or defamatory in nature.
   • The Client attempts to access or take control of any PC or server that the Client has not obtained specific permission to do so from the operator/owner of the PC or server.
   • Any action of the Client, intentional or otherwise may in the sole opinion of DL be damaging to the integrity of the Remote-Assist service

3. Dispute Resolution: If any dispute arises between the parties affecting any matter concerning the Agreement, then the matter will first be referred to mediation if appropriate, and otherwise resolved by arbitration in terms of the Arbitration Act 1996.
   
   
4. Liability Limitation: DL accepts no liability for:
   
   • Any corruption, loss, damage, change or deletion of files on any PC or server connected to the Remote-Assist service.
   
   
   
5. Liability Limitation: DL accepts no liability beyond the terms of this Agreement. The Clients sole remedy in the event of a breach of this Agreement will be that DL will, at its option, refund the money paid for the use of the service during the period for which it can be shown that DL is in breach of the Agreement. DL does not warrant that the Remote-Assist service will meet the client's requirements or that the operation of the Remote-Assist service will be uninterrupted or that the Remote-Assist service will be error free.
   
   
6. Confidentiality: DL will take all reasonable steps to ensure that all data stored on behalf of the client is kept confidential and secure.
   
   
7. Client Restrictions: The Client may not:
   • Copy or use the printed documentation which accompanies the service.
   • Allow any third party to use the service without the express written permission of DL.
   • Duplicate or copy the system or any part of the system.
   • Breach any trademarks or confidentiality provisions contained in this Agreement of any variation thereof.
   • Use the name of DL in any of its documentation without the prior written consent of DL which may be refused without reason being given.
   
   
   
8. This Agreement supersedes any prior or contemporaneous oral or written statements, proposals or representations made by DL, or on its behalf with respect to the provision of the Remote-Assist service. In addition, this Agreement prevails over any conflicting or additional terms of any written or oral information provided by DL or its agents to the client.
   
   
9. Acknowledgments: The client specifically acknowledges that, unless the installer or technician engaged to install the system on the client's computer and/or server is an employee of DL it accepts no liability whatsoever for any act or omission on the part of the installer and/or technician. The client also acknowledges that DL is not bound by any representations made by any reseller or installer of the system. The client further acknowledges that, if the system was installed by a reseller or agent of DL, then DL has no liability whatsoever for any act or omission of such reseller or agent.