Rheel Group

Our commitment to you:

1. We provide a service for backing up and restoring files to and from an offsite location.
2. The software and service will enable users to upload selected files from a computer system and store them on our servers for the purpose of offsite backup, and provide the ability to restore these files to a computer system.
3. We agree to allocate to you the Agreed Storage Quota on our servers for the storage of your files.
4. We grant you a license to install the client portion of our software on your computer system(s) for the purpose of backing up to / restoring your data from / our servers.
5. The Backup software is designed for MS Windows 9x/NT/2000/ME/XP. Strong file encryption and multi-choice zip compression on the fly, as well as many other useful features will protect your valuable data. All backup activities are recorded in a log file.
6. We have equipped our servers with redundant disk storage to minimize the possibility of data loss due to hardware failure.
7. Our staff are available during business hours to assist with any issues you may have with the installation or setup of the software.
8. We can supply backups written to DVD(s) upon request. Courier charges may apply.
9. Plan upgrades can be done at any time. Our target lead time for the setup of new accounts or altering plans is 1 business day.
10. You can cancel or downgrade your plan at any time prior to its monthly or annual renewal.

Your commitment to us:

1. You as the client acknowledge that payment is required according to the terms and conditions with your account. All monthly backup accounts are payable one month in advance.
2. Should payment NOT be received on time or you breach any other obligation to us, we reserve the right to suspend/cancel your service without notice.
3. Our backup service will only be used by you and not any third party.
4. You will advise the need for any changes to your plan, including cancellation to us in writing.
5. You are responsible for ensuring that files to be backed up do not contain any viruses or other harmful data, programs or computer code whatsoever, and agree that the data will not breach any New Zealand Laws.
6. You will store your service and access details securely.
7. You will notify us immediately of a breach of security of your service, access or password, or change of billing or contact details.
8. You as the client accept that you are solely responsible for the following:

• The selection of and inclusion of files into backup sets for upload to our servers;
• The scheduling of backup operations;
• Ensuring that successful backup has occurred;
• Periodically ensuring that file data can be restored from our servers; and
• Any costs payable to any other third party, including your Internet Service Provider and I.T. consultant that result from the use of our service.

1. You agree that to the extent permitted by law, our liability is limited to the resupply of services you have ordered and paid for in full.
2. You agree to indemnify us (our directors and employees) against any cost incurred or damage or loss suffered as a result of any breach of any obligation you owe us.

Exclusions:

1. We do not warrant that our service is suitable for use by unqualified computer users under all circumstances. Your computer system may include certain complexities that require input from a qualified I.T. consultant.
2. We do not warrant that all types of data are suitable for storage on our servers.
3. We do not warrant that our servers will be available at all times. Our target availability is 99%.
4. We do not warrant that our servers are free from unauthorized physical or remote access.

5. We do not warrant that data stored on our servers is secure against all possible forms of intrusion or abuse.
6. We do not warrant that data stored on our servers is secure against loss or corruption under all circumstances.
7. We do not warrant that our software will operate correctly on all computer systems.
8. We do not scan your uploaded data for viruses or other threats. You as the owner of the data need to ensure the integrity of the data.
9. We are not liable for delays, interruptions, computer viruses or communication line failures; or damage or unauthorised access to your computer system or network.

Changes:

1. We reserve the right to make changes to these Terms and Conditions. Changes will be notified to you and will become effective immediately.

Definitions:

1. “Agreed Storage Quota” means the storage quota on the backup plan you have subscribed for and we have agreed to provide.
2. “You” means you our client and your executors, administrators, successors and permitted assigns (and if more than one person or entity each of you jointly and severally).
3. “We/our/us” means Rheel Electronics Ltd and its administrators and staff.

General:

1. These terms and conditions shall be governed by the Law of New Zealand and the parties agree to submit to the jurisdiction of the New Zealand Courts.
2. If any provision or part of a provision of these Terms and Conditions is invalid or otherwise unenforceable it may be severed with the fullest meaning possible to be given to the remainder.
3. We may assign our rights and obligations under our agreement with you by notice in writing to you.
4. Notices may be given by email, fax, mail or delivery. The addresses for the client shall be taken to be those advised to us at the point of subscription or as notified to us in writing (specifically requesting that our records be updated with the changed details).