Terms

Safeberg Backup - Terms of service as of June 1, 2009

Article 1: General Terms

1. These Terms of service (hereafter referred to as ‘the Terms’) are applicable to each and every agreement (hereafter referred to as ‘the Agreement’) that Safeberg enters into with a natural person or corporate body (hereafter referred to as ‘the User’) regarding its Backup service. Application of any terms and/or conditions as possibly used or referred to by the User is not accepted by Safeberg.
2. The User agrees to these Terms by accepting them during the process of registration.
3. In case an article from the Terms is either partly or wholly in conflict with a legal act or is rendered null and void, all other remaining acts from the Terms will remain valid without prejudice.
4. Safeberg assumes that the User truthfully supplies his e-mail address and payment data on the request-form and that the User will notify Safeberg of any changes that may occur therein. Hence, Safeberg shall not be held accountable for damage that may result from inaccuracies within this data.

Article 2: The Service

1. Safeberg supplies an online backup system (hereafter referred to as ‘the Service’).
2. Safeberg determines the elements and conditions of the Service.
3. The Service is solely meant for use by the User; the User may not make the Service available to any third party or parties.

Article 3: Ownership and use

1. All rights of intellectual and industrial property of the programs, websites, datafiles and other materials (the software) that have been made available in fulfillment of the Agreement rest solely with Safeberg, its secondary suppliers, their licensers or their suppliers.
2. The User obtains the right to make use of the software through the Agreement. This right of use is non-exclusive and non-hereditary to third parties.
3. Any other or further rights of the User to multiply or adapt programs, websites, datafiles or other materials are precluded.

Article 4: Liability

1. In the case that Safeberg is liable, the restrictions in this article will apply.
2. Safeberg is solely liable for direct damage.
3. Liability for indirect damages suffered by the User or third parties, such as foregone turnover, profits and immaterial damage such as the loss of data, is explicitly excluded.
4. The liability of Safeberg is limited to an amount equal to the costs of the Service, up to a maximum of one time the total paid subscription costs of Safeberg's backup service.
5. Safeberg may not be held liable or accountable for damage resulting from human failure, force majeure, or abuse by third parties.
6. It is up to the User to determine which data is stored. Safeberg, by default, has no knowledge of this data. The User, therefore, remains both the owner of, as well as accountable for, the files that are stored by him. Safeberg will not be held accountable for any damages with regard to copyrights or illegal files.

Article 5: Duration and termination

1. The duration of the Service is either one year or multiple years, as is determined in the Agreement. Before the end of this term, Safeberg will inform the User of the upcoming expiration-date multiple times by e-mail. In the week before the expiration of the Agreement, the User will receive at least one renewal warning by e-mail.
2. In case the User wishes to continue the Service, he should renew his Agreement on the Safeberg website. Thus, the User enters a new Agreement that will start when the previous Agreement expires.
3. During the course of the Agreement, the User may increase his storage capacity by upgrading to another subscription. To upgrade, the User enters into a new Agreement with Safeberg, starting instantly. The User will receive a discount on the part of the subscription-fees that has already been paid, in proportion to the part of the remainder of the duration of the initial Agreement.
4. During the course of the Agreement, the user can choose a subscription with a smaller storage capacity. This new subscription will start after the duration of the current Agreement.
5. In case the User has not renewed the Agreement on the day it expires, the backup-process will cease to be active and the User will no longer be able to upload new data.
6. One month after expiration of the Agreement, the User will no longer be able to access his data stored at Safeberg.
7. After the expiration of the Agreement, Safeberg will continue to sustain the data for three additional months. After this period of time, it is no longer possible to renew the specific subscription (the Agreement) and Safeberg will delete this data from its servers.
8. The duration of free subscriptions is one year. At the end of this term, all that is mentioned above applies.

Article 6: Applicable law, competent court

1. The law of the Netherlands shall be applicable to all legally binding transactions between Safeberg and the User.
2. Any dispute shall be subject to the judgment of the officially appointed judge in the Netherlands.

Article 7: Location and modification General Terms and Conditions

1. These Terms may be requested at all times through Safeberg’s website. They may also be perused at the offices of Safeberg and may be sent to the inquirer free of charge.
2. Safeberg reserves the right to modify or change these Terms in a superannuated manner and apply them to existing contracts. Modifications and – or changes within these Terms shall be announced through the website www.safeberg.com and will take effect either 30 days after their announcement, or on the date that is mentioned in the announcement.