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The risks of data loss

A survey of small businesses found of those companies that lost customer data:

  • 30% lost sales as a result
  • 20% lost customers
  • 25% said the data loss caused them severe disruptions
  • 20% had no backups at all

Top causes of data loss

Survey of small businesses found the most common causes of data loss, from most to least common, were:

  • Hard Disk failure
  • Software bug
  • Destroyed by malware
  • Accident
  • Fire or disaster
  • Erased by hacker
  • Computer stolen
  • Lost password
  • Malicious employee
  • and Natural Disasters can destroy your valuable data: Forever in an instant.

It happens to thousands of businesses every day. Many are eventually forced to close.

 

 

 

Web Secure Backup Terms and Conditions

ALL WEB PTY LTD TRADING trading name as "Web Secure Backup" - ABN 97129911673 AGREES TO PROVIDE, AND YOU AGREE TO RECEIVE THE SERVICES PROVIDED BY Web Secure SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
  1. Your subscription to the back-up, storage and retrieval services ("the Services") provided by Web Secure, will create a legal agreement ("the Agreement") between you and Web Secure for a minimum period of 12 months after the expiration of the free backup period and the purchase by you of the storage from Web Secure. After the initial 12 months period ends the contract is automatically extended for an additional 12 months unless this contract is terminated within 10 days (In writing) after the initial 12 months period ends and will continue on this basic until terminated by either party in 12 months increments. By subscribing to the Services you represent that you are at least 18 years of age and have the capacity to be legally bound by the terms of the Agreement. Your use of the Services is conditional upon:
    • 1.1 Your Full and Final acceptance of the Terms and Conditions of the Agreement, will be confirmed by your use of the Web Secure Backup Services after the trial period and or by using the service without the trial period.  The terms and conditions will then be unconditional.
    • 1.2 The payment by you of the appropriate Service Fee ("the Fee") for each option subscribed to by you when such Fee becomes applicable at the end of the initial free backup period.
  2. The benefits of, or rights conferred by this Agreement are non-transferable and the use of the Services is limited to the individual or company whose name was provided when you subscribed to the services.
  3. As part of the Services, Web Secure will, at the time of the initial free backup period (and thereafter upon receipt of the appropriate Fee) and subject at all times to your compliance with the terms of the Agreement:
    • 3.1 Establish in your name a Web Secure INTERNET BACKUP FACILITY ("the Facility") which will enable you at any time during the currency of the Agreement to store data files ("Data") in the Facility on servers provided by Web Secure for that purpose;
    • 3.2 Grant to you the Licence ("the Licence") at any time during the currency of the Agreement to access the Facility through the use of Web Secure's software for the purpose of either:
      • 3.2.1 Backing up Data to the Facility;
      • 3.2.2 Storing such Data; and
      • 3.2.3 Retrieving such Data from the Facility.
  4. Subject always to there being no charge by Web Secure for the initial free backup period, the Fee which may be payable by you when the period of 15-days has expired, shall be in consideration of the Licence granted to you in terms of this Agreement to use Web Secure's software ("the Software") and to access the Facility. You agree that:
    • 4.1 The Fee shall be calculated according to the tariff of options, subject to variation by Web Secure from time to time;
    • 4.2 You will be liable to Web Secure for any penalty charges incurred by Web Secure by reason of the dishonour or reversal of any payment made by you;
    • 4.3 All Fees becoming due or payable by you shall be subject to the Goods and Services Tax ("GST") at the applicable rate.
    • 4.4 If you do not pay any amount due to us under this agreement by the due date, we may:

      • 4.4.1 terminate, restrict or suspend the service and all other services in your name;

        4.4.2 use an external agency to recover the debt;
        • 4.4.3 charge you a late payment fee;
      • 4.4.4 charge you a disconnection fee if we terminate, restrict or suspend the service; and
      • 4.4.5 add our collection costs to the amount that you owe us.
      • 4.4.6 charge you interest at the rate of 9% in accordance with the Supreme Court Act 1995 compounded monthly from the date a debt falls due.
    • 4.5 We may report any payment default to a credit reporting agency.
    • 4.6 If we terminate, restrict or suspend the service for any reason, we reserve the right not to reinstate the service until you have paid all amounts outstanding on all your accounts.

    • 4.7 We may also charge a fee for reinstating your service.  This fee is in addition to any late payment fees and disconnection fees.

      4.8 We may terminate, restrict or suspend the service without notice if we reasonably believe that your use of the service may be a credit risk to us.

      4.9 If another supplier charges us in relation to the service, we may bill you the amount of those charges, plus a service fee. 

      4.10 We will use our best endeavors to bill you promptly.  However due to circumstances outside our control it is not always possible for us to include all charges for to a billing period on the bill for that period.  Some charges may appear on a later bill.  In some cases, we may bill you for earlier charges after the service has been terminated.

      4.11 We are not obliged to notify you of any excessive or unusual use of the service.

      4.12 We may set off any amount payable to you against any amount payable by you to us.

      4.13 If any payment, including an automatic payment, is dishonored by you, we may charge a dishonor fee. This is in addition to any collection costs applicable under clause 4.6.

      4.14 If we restrict or suspend the service in accordance with this agreement, charges will continue to accrue at the same rate that would have been applicable had the service not been restricted or suspended.

      4.15 We may change any other component of the price of the service by giving you 21 days notice.  If we increase the overall price of the service during an agreed fixed term, you may cancel the service within 42 days with no early termination fee.  However, you must still pay any other charges applicable to the period during which you used the service.

  5. The Software made available to you as part of the Services is protected intellectual property and may be downloaded and used only by you and only in connection with the Services provided by Web Secure pursuant to this Agreement. Any other use of the Software is strictly forbidden. In particular, you may not in any way modify, decompile or otherwise tamper with the Software.
    Confidentially Proprietary right: We retain all intellectual property right in the Confidential Information.
    Confidentiality: You will keep the Confidential information confidential, and will not allow any written or electronically recorded material to be copied.
  6. You shall not use the Facility for any unlawful purpose and you undertake to use the Services in a manner consistent with all applicable laws. In particular, you undertake not to store any Data that:
    • 6.1 contains illegal pictures, material or information;
    • 6.2 infringes upon the intellectual property rights of others;
    • 6.3 contains any viruses, worms or similar contaminating or destructive features.
  7. Web Secure reserves the right to modify the Facility upon 30 days written notice to you and shall not be liable to you or any third party in respect of such modification.
  8. Termination: Web Secure may terminate this Agreement in whole, or in Part in relation to any service, by giving 30 days written notice to you. Immediate Termination: We may terminate this Agreement immediately by notice if:
    You have breeched any material terms of this agreement and have failed to remedy that breach within 14 days, or
    A liquidator or receiver or receiver and manager or any other administrator of you business or assets is appointed or if you enter into any composition with your creditor.
    Liability: You remain liable for all charges payable under the Agreement in respect of Services up to the time of Termination.
    • 8.1 You must inform us in writing (email to: info@websecure.net.au or by regular mail to Po Box 246 Freshwater, Cairns, Queensland, 4870, Australia, prior to the expiration of the Termination Period if you wish to terminate a service:
      • 8.1.1 To receive a copy of your stored data (the "Data Copy"); or
        • 8.1.1a To receive a CD of your stored data costs start from AU$150.
      • 8.1.2 In the event of Termination : To have Web Secure immediately to delete all stored data whereupon such data shall no longer be accessible to you or Web Secure. The fee applicable to obtain a Data Copy is described on the website. If Web Secure does not receive a written request for a Data Copy in writing to the address listed below under "Customer Contact Information" you acknowledge and understand that Web Secure will delete all your Data immediately upon expiration of the Termination Period with no liability to you whatsoever. By using the Software you agree to release Web Secure from any and all liability, claims and damage due to lost or stolen data whether or not you request a Data Copy from Web Secure.
    • 8.2 You shall be entitled to a pro-rata refund of any Fee paid in advance by you only if the termination was effected by Web Secure.
  9. You agree that the requirement of written notice shall be complied with by Web Secure upon such notice being communicated by email correspondence to the email address provided when you subscribed to the Services.
  10. Should you fail to pay the Fee (when applicable), or in any other way breach any of the terms of this Agreement (all of which shall be regarded as material for this purpose) Web Secure will give you 30 days written notice to pay the Fee failing which Web Secure shall have the right, at its discretion, to terminate this Agreement and the Services.
  11. In the event of Web Secure electing to terminate the Agreement and the Services by reason of your failure to pay the Fee, Web Secure will give you 30 days written notice to remove any Data backed up by you to the Facility during which time you will be unable to back up any additional Data to the Facility. If at the end of the 30 day notice period the Data has not been removed, Web Secure will have the right (in addition to any other remedies it may have and without further notice to you) to remove and/or destroy the Data.
  12. In the event that you have at various times subscribed to two or more options for the storage of Data, should you fail to pay the Fee in respect of the earliest option subscribed to by you when it becomes due for renewal, then Web Secure shall give you 30 days written notice to pay the Fee failing which the Facility provided by the option will be terminated. Web Secure shall have the right (in addition to any other remedies it may have and without further notice to you) to remove and/or destroy any Data which exceeds the storage space of the remaining option/s to which you have subscribed. In that event the earliest Data backed up by you to the Facility will be removed and/or destroyed so that you will be left with no less than the storage space you will be entitled to in respect of the remaining option/s.
  13. You shall assume responsibility for your use of the Facility which is provided to you on an "as is" and "as available" basis. Under no circumstances will Web Secure on behalf of itself and/or any of distributors and associates assume any liability with regard to your use of the Facility. In particular, it is your responsibility to protect the security of your password and to ensure that your password is not used to access the Facility in an unauthorised manner. Your password will be kept by Web Secure in a file in encrypted form and will be accessed only in the event of your password being lost or forgotten. In that event Web Secure will make your password available to you provided other suitable safeguards deemed necessary by Web Secure are complied with at the time (A retrieval Fee of AU$250 will apply for each occurrence).
  14. Web Secure will take reasonable precautions to prevent the unauthorised disclosure of your DATA. Web Secure will not seek to decrypt your Data. Web Secure will not, however, be responsible or incur any liability what so ever, for matters beyond its reasonable control including, without limitation, the unauthorised electronic access to your Data. In the event that Web Secure is served with a sub poena or is otherwise lawfully compelled to provide access to your Data, Web Secure will use its best endeavours to notify you of that fact in order to enable you to take whatever steps you may deem necessary to prevent such access to your Data.
  15. Whereas Web Secure:
    • 15.1 Warrants that the Facility shall perform substantially in accordance with what is specified on Web Secure's web site for Online Backup; and
    • 15.2 Shall make every effort to ensure that the highest standards of security and technical back-up shall be maintained;

    16. In no event, including negligence, shall Web Secure be liable for the cost of the procurement of substitute goods, services or technology or for any general, special, punitive or consequential damages. In addition, Web Secure shall not be liable for any damages or losses arising out of the use of or inability to use the Services. Insofar as all or part of this disclaimer may be void for any reason, you agree and understand that in no event shall Web Secure be liability for loss or damage relating to any part of all of the services offered.

  16. No assignment of the rights acquired by you under this Agreement shall be recognised by Web Secure unless previously agreed to in writing by Web Secure.
  17. The failure or delay by Web Secure to insist upon or enforce strict performance of any of its rights under this agreement shall not be construed as a waiver of any of those rights or a release of any obligation which you may have towards Web Secure.
  18. This Agreement : Shall be governed by and in accordance with the laws of the State of Queensland, Australia as they apply from time to time. You consent to the jurisdiction of the State and Federal Courts located in Queensland in respect of any claim that may arise by reason of this Agreement.
    Should any term of this Agreement be declared void or unenforceable by any Court of competent jurisdiction, such declaration shall have no effect upon the remaining terms hereof.
    No Reliance: You acknowledge that you enter into this Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by Web Secure on our behalf not expressly set out in this Agreement.
    Release: You accordingly release Web Secure and each of our offices, Agents, Resellers and Advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerned this Agreement before it was signed, and from the negotiations leading to it.
  19. Force Majeure
    Web Secure are not liable for:
    Any delay in installing any Service,
    Any delay in correcting any fault in any Service,
    Failure or incorrect operation of any Service, or
    Any other default in performance under this Agreement,
    If it is caused by any event reasonably beyond our control, including but not limited to War, Terrorist, accident, act of God, Floods, Electricity supply, industrial action, embargo, delay or failure or default by a Third party or another supplier whatsoever.
  20. Any claim arising out of this agreement shall be commenced by you within 6 months from the date that the cause of action in respect of such claim arose, failing which you shall be barred from any further prosecution of that claim.
  21. GENERAL
    • 21.1. Whole Understanding: This Agreement contains the whole understanding of the parties to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.
    • 21.2. Waiver: The failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy
  22. Payments

      Please make your cheque or money order payable to: Websecure

    • There is an additional 2.75% for Visa/Master Card payments. American Express payments will attract a 5% (plus GST) surcharge. 
    • When doing a direct fund transfer or direct deposit into our account, please include the Net Order ID as the deposit Reference. It is also required for a deposit slip to be sent to us by fax or E-mail (scanned). For Internet funds transfer please cut and paste the transfer details and send to us by E-mail.
    • Our bank account details:
      Bank: St George Bank Limited
      Acc. Name: Web Secure
      BSB: 114-879
      Acc. No.: 06831-8832
    • The title of the goods and or Services supplied does not pass to the customer from Web Secure until the full amount is paid to Websecure.
  23. Disclaimer
    • Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice to anyone.
    • Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
    • Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
    • Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.

 


© 2009. Web Secure Backup
Online Backup solution for server & workstation