Activation, Your Files and Privacy
- The Services may be activated in one of two ways. You may commence the use of the Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have not taken steps to activate the Services in the three months after purchase, the Services will be automatically activated without further reference to you. You will be sent an activation email following activation as long as you have provided us with a valid email address.
- By using our Services you agree to us hosting your files and sharing your files with third parties nominated by you. In addition, as part of the Services we will process information in your files in order make back up files and to display your files to you in a manner that will assist you in using the Service, including image thumbnails or document previews. We may share your information with selected third parties, including sub-contractors who may perform some or all of the Services on our behalf. Subject to these exceptions, we will not share your files with any third party without first obtaining your consent.
- We may choose to review public content for compliance with our community guidelines, but you acknowledge that Acura Business Solutions Ltd has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
- The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Acura Business Solutions Ltd has no responsibility for that activity.
Software and Updates
- You are responsible for safeguarding the password that you use on your Acura Business Solutions Ltd account to access the Services (the “Account”) and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify Acura Business Solutions Ltd of any unauthorised use of your Account.
Your General Responsibilities
- Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. Acura Business Solutions Ltd reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not Acura Business Solutions Ltd, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
- You, and not Acura Business Solutions Ltd, are responsible for maintaining and protecting all of your files and understand that unless clearly stated otherwise, Acura Business Solutions Ltd is providing you with a backup service and will not be liable for any loss or corruption to the files that you backup. Should there be any additional costs and expenses resulting from Acura Business Solutions Ltd being asked by you to restore any of your files, these costs and expenses will be explained to you prior to the restore, and you will be responsible for the discharge of same.
- If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products under the Consumer Protection Act 1987, as may be amended from time to time.
- You can end your subscription to our Services by contacting us in writing at our Trading Address or by email to email@example.com no less than 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you.
- We reserve the right to not permit you to renew your use of the Services by providing you with at least 4 weeks’ notice prior to the end of the Fixed Contract Period. We may also at our discretion suspend or terminate the Services prior to the end of the Fixed Contract Period, without cause, with or without prior notice to you, and in such an event we shall refund you the unused portion of fees paid for the Services on a pro-rata basis.
- use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
- use the Services in such a manner that has the effect of disrupting others’ use of the Services;
- act in conflict with a court order, or our providing the Services to you is in breach of a court order;
- represent a danger to the best interests of other customers or third-parties;
- exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;
- fail to disclose the number of devices on which you are running Acura Business Solutions Ltd Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise;
- directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
- are found to have used the Services to store, backup or distribute material protected by intellectual property rights (including copyright) of a third-party unless you own or have appropriate rights to such material;
- engage in activity that damages or is likely to damage our tangible or intangible assets; or
- otherwise act in breach of the terms of our Acceptable Use Policy
- If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to retrieve your files, however there may be an additional cost to these additional efforts and we will notify you of this fee before commencing same.
Free Trial Period
- Where Services are offered on a free trial basis (duration as advised to you at sign-up), payment will be taken for the first Fixed Contract Period when the free trial period ends, and not when you enter your billing details (which will be required prior to the commencement of the free trial period).
- The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.
- If you wish to cancel your contract during the free trial, you may do so by informing us by email, phone or in writing, or alternatively you can download, complete and return this form by email or fax to us, at any time prior to the end of the free trial period.
- If you do not cancel your contract prior to the end of the free trial period the fees for the first Fixed Contract Period will become due.
- All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), and shall be due and payable for provision of the Services in advance of each Fixed Contract Period.
- The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services. The current Pricing Structure will always be posted on our website and where a significant change is made to the Pricing Structure, we will contact you in advance of that new Pricing Structure going into effect. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure as and from the start of the next Fixed Contract Period. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services. You are h4ly advised to monitor our website for any alterations of the Pricing Structure.
- All fees for our Services are due in advance and your contract will automatically renew on the expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract Period become payable. If you choose to pay by credit or debit card then you authorise Acura Business Solutions Ltd to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, Acura Business Solutions Ltd reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT Acura Business Solutions Ltd IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with Acura Business Solutions Ltd, you must do so in writing at least one week before the expiry of the Fixed Contract Period.
- Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
Additional Terms applicable to use of Acura Business Solutions Ltd Backup
- Some Services, including Acura Business Solutions Ltd Backup and Acura Business Solutions Ltd Pro Suite (the “Backup Packages”) are sold on condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices (as defined above), and that the number of such devices does not exceed the limits stipulated in the Pricing Structure. In the event that you wish to backup data stored on External Devices, you are required to disclose this to us and pay such additional storage related charges as set out in the Pricing Structure for that Backup Packages.
- An upper limit on the number of devices from which backup can be run will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Package sale. The upper limit for any single internal or external drive will exclude External Backup Devices, for which the Pricing Structure includes a separate charging methodology. In the event that the number of devices exceeds the applicable limit on the Backup Package sold, Acura Business Solutions Ltd reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.
- With the exception of our business service, Services that include Acura Business Solutions Ltd Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your computer that have been backed up or disconnect External Storage Devices that have been backed up we will remove the corresponding backup from our servers.
- You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Acura Business Solutions Ltd will remove backups for computers that have not connected to the service for 30 days.
- If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things:
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas of the Services, shared areas of the Services which you have not been invited to, Acura Business Solutions Ltd (or our service providers’) computer systems;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- Plant malware or otherwise use the Services to distribute malware;
- Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or Services other than your own without appropriate authorisation;
- Impersonate or misrepresent your affiliation with any person or entity;
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- Violate the law in any way, or violate the privacy of others, or defame others.
Additional Terms applicable to Resellers
The following terms apply to use of the Acura Business Solutions Ltd Reseller package available on our website. These terms (the “Reseller Terms”) may not apply to you if you have agreed specific terms with Acura Business Solutions Ltd:
- You agree to act as a positive ambassador for the Acura Business Solutions Ltd brand at all times.
- You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact Acura Business Solutions Ltd at any time. Acura Business Solutions Ltd will not offer support or service to your customers.
- Where you advertise a service that include these Services you must at all times deliver the service that has been described to a standard acceptable to Acura Business Solutions Ltd
- You are not permitted to use any Acura Business Solutions Ltd property including logos, icons, designs and text without our written authorisation.
- You may not (a) distribute any aspect of the Services free of charge or (b) resell the Acura Business Solutions Ltd Services for in excess of two years or the fixed period remaining on your Acura Business Solutions Ltd appointment, whichever is lesser. If you bundle the Services with another service, this bundled service must not be distributed free of charge.
- Acura Business Solutions Ltd has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Reseller Terms.
- Some Services are advertised as including a “money back guarantee”. To receive a refund of the payment made under the “money back guarantee” you must inform us in writing before the end of the advertised “money back guarantee” period. This period is the period in which you may exercise your right to cancel and receive your money back. If you do not claim a refund of fees during this period then no refund will be due. The “money back guarantee” is not available in combination with a free trial. If you not invoke your right to cool off during or at the end of the free trial period, then you will be charged for the Services and “no money back guarantee” will be available.
- Acura Business Solutions Ltd reserves its rights to amend the fees due to it from Reseller. Where Acura Business Solutions Ltd has agreed a fee structure with the Reseller for a fixed period, then any fee increases will not take effect until the end of that fixed period. Acura Business Solutions Ltd will provide all Resellers with at least one month’s notice of any changes in the fees due to it by Resellers, by posting such a notice together with the date that the new fee structure will take effect on our Website.
- If you fail to pay fees due to Acura Business Solutions Ltd or fail to comply with these Reseller Terms (including but not limited to the obligation to provide an appropriate level of support to your customers) then Acura Business Solutions Ltd reserves the right to suspend or terminate Services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative Services.
- You may not bid on Acura Business Solutions Ltd brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as "Acura Business Solutions Ltd", "live-drive", "Acura Business Solutions Ltd.com" or any other variation or misspelling of "Acura Business Solutions Ltd" including bidding on “Acura Business Solutions Ltd” with other keywords.
- You may not claim to be Acura Business Solutions Ltd or to represent Acura Business Solutions Ltd on your website or in any form of media or social media. You must make it clear if you are going to mention Acura Business Solutions Ltd that you are a reseller of Acura Business Solutions Ltd and are not part of the Acura Business Solutions Ltd organisation. You may also not use the name Acura Business Solutions Ltd in your domain for any website you own or control or use the name Acura Business Solutions Ltd or any variation as your name in any social media that you use.
Data Protection and Transfer
- in accordance with the DPA, apply appropriate technical and security measures to protect any such data against unauthorised or unlawful processing and against accidental loss, destruction or damage; and
notify you as soon as reasonably possible and in any event within 5 business days about: