Terms & Conditions

General Terms

These terms of service (“Terms”) govern your access and use of all BackupBod.com services (“Services”) so please read them carefully before using the Services.

By using the Services you agree to be bound by these Terms in their entirety.

We operate the website as Techibods Limited, a company registered in England and Wales under company number 07838241 and with our registered office at 22 Church Road, Tunbridge Wells, Kent, TN1 1JP.

Throughout these terms “you” and “your” will refer to you as an individual or if you are using the services on behalf of an organisation then you are agreeing to these terms for that organisation and warranting that you have the authority to bind that organisation to these terms, in which case “you “ and “your” will refer to that organisation.

If you are a consumer then please note the extent of our liability and your right of cancellation.

You may use the Services only in compliance with these Terms and if you are over the age of 18. You may use the Services only if you have the power to form a contract with BackupBod.com and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features and we may also remove any content from our Services at our discretion. Please check this website for updates.

In certain circumstances outlined in these Terms, we may stop, suspend, or modify the Services at any time with or without prior notice to you

How the contract is formed between us

For the steps you need to take to place on order on our site, please see our How to Order our Services page.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.

We will confirm our acceptance to you by sending you an e-mail that confirms that the Services are ready to use (Access Confirmation). The Contract between us will only be formed when we send you the Access Confirmation.

If we are unable to supply you with the Services we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.

Your Files and Privacy

By using our Services you provide us with information, files, and folders that you submit to BackupBod.com (“your files”). You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to third parties we work with to provide the Services.

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your files with others for any purpose unless you direct us to, or unless required by law. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that BackupBod.com 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.

Sharing

The Services provide features that allow you to share your files with others or to make them public. There are many things that users may do with your files (for example, copy, modify, re-share ), so please consider carefully what you choose to share or make public. BackupBod.com has no responsibility for that activity or any liability for loss that results from your decision..

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Software and Updates

Some of our Services require you to download a client software package (“Software”). BackupBod.com hereby grants you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you breach these Terms or you act contrary to our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.

Account Security

You are responsible for safeguarding the password that you use to access the Services 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 BackupBod.com 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. You, not BackupBod.com, 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 Service.

You, and not BackupBod.com, are responsible for maintaining and protecting all of your files. BackupBod.com will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files if such loss results from your actions, omissions or breach of these Terms.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Your consumer right of return and refund

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below. This means that during the cancellation period if you change your mind or for any other reason you decide you do not want to receive the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

Your legal right to cancel a Contract starts from the date of the Access Confirmation, which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, (Cancellation Period) starting from the day after the Access Confirmation. Working days means that Saturdays, Sundays or public holidays are not included in this period

However, this cancellation right does not apply if you decide to use Services or download the Software within the Cancellation Period.

To cancel a Contract within the Cancellation Period, you must contact us in writing by sending an e-mail to [support@backup.com]. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail the letter to us.

You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

We refund you on the credit card or debit card used by you to pay.

Details of your legal right to cancel and an explanation of how to exercise it are provided in the Access Confirmation.

As a consumer, you will always have legal rights in relation to Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Limitation of Liability

Our liability if you are a business

We only supply the Services for internal use by your business, and you agree not to use the Product for any re-sale purposes.

Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d) defective products under the Consumer Protection Act 1987.

However we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

Subject to the above, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

Our liability if you are a consumer

This clause only applies if you are a consumer.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We only supply the Services for domestic and private use. You agree not to use the Servcies for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

Termination

Your order will provide full details on how you can stop using the Services. You may need to give us notice or be on a fixed term so please check your order carefully.

We reserve the right to suspend or end the Services at any time, if it is reasonable with or without cause, and with or without notice depending on the circumstances. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to BackupBod.com relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.

Fees

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the Services.

80% of the first year’s fees charged for any BackupBod.com service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.

We reserve the right to alter pricing, including ceasing to offer elements of the Services. We will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.

All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year, at which point fees for the following month, quarter or year become payable. If you choose to pay by credit or debit card then you authorise BackupBod.com to debit your account renewal fees from your card. If you wish to cancel your contract with BackupBod.com you must do so in writing before the renewal of your contract.

All fees paid to us are non-refundable except in circumstances set out in these Terms.

You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.

We do not store credit card details nor do we share customer details with any 3rd parties

Intellectual Property

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.

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. All intellectual property rights remain vested in us at all times. These Terms do not grant you any rights to use the BackupBod.com trademarks, logos, domain names, or other brand features.

Additional Terms applicable to use of BackupBod.com Backup

Some services, including the BackupBod.com Backup and BackupBod.com Pro Suite package are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some packages.

There is a limit of 2TB for any single external drive including NAS devices and USB drives.

With the exception of our business service, services that include BackupBod.com 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. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.

You must at all times run the BackupBod.com 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. BackupBod.com 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 files to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.

Acceptable Use

You agree not to misuse the BackupBod.com services. For example, you must not, and must not attempt to, use the Services to do the following things.

1. Probe, scan, or test the vulnerability of any system or network;

2. Breach or otherwise circumvent any security or authentication measures;

3. Access, tamper with, or use non-public areas of the Services, shared areas of the Services which you have not been invited to, BackupBod.com (or our service providers’) computer systems;

4. 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;

5. Plant malware or otherwise use the Services to distribute malware;

6. Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);

7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

8. Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or services other than your own without appropriate authorisation;

9. Impersonate or misrepresent your affiliation with any person or entity;

10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

11. Violate the law in any way, or violate the privacy of others, or defame others.

Copyright Policy

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made

Jurisdiction

These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

These Terms constitute the entire and exclusive agreement between you and BackupBod.com with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. BackupBod.com failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but BackupBod.com may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. BackupBod.com and you are not legal partners or agents; instead, our relationship is that of independent contractors.

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