What About Safety Terms™ and Conditions Copyright (c) 2015 LocknLoad NZ Online Backup Services. All rights reserved.
Locknload NZ Ltd, its directors, associates, partners and employees, individually and collectively referred to as "Locknload", grants you a non-exclusive and non-transferable license for the use of the Service and Software subject to the following conditions and terms of service.
1. Term of Agreement The Initial Term commences on the date of this Agreement. This Agreement will automatically renew for successive terms at the end of Your Initial Term unless a Termination Notice is sent to info@Locknload.co.nz thirty (30) days prior to the end of the current contract term. This Termination Notice should include your relevant company details.
2. Service Charges The charge for the Service (Payment) Plan You selected shall remain fixed for the Initial Term. Service renewals will be priced out using the Service Plan and fees in effect at the date of the service renewal. Charges for Supplemental Service Options may be changed at any time.
3. Payments Payment terms are met on application. You must notify Locknload in writing of any disputed charges within 21 days of the date of the billing for such charges. If You do not notify Locknload within that time period, You waive any right to dispute such amounts, either directly or indirectly or as a set-off, or defense in any action or efforts to collect amounts due to Locknload. IN THE EVENT Locknload TAKES ANY ACTION PURSUANT TO THIS SECTION, IT SHALL HAVE NO LIABILITY TO YOU OR ANYONE CLAIMING BY OR THROUGH YOU. Nothing herein shall preclude Locknload from pursuing other remedies authorized by statute or otherwise permitted by law.
4. Cancellation Terms At the discretion of Locknload NZ
5. Change to Service Changes to The Service within the contract term are at the discretion of Locknload NZ.
6. Maintenance Locknload reserve the right to conduct routine tests, maintenance, upgrade or repair on any part of the network, and will advise where reasonable. You acknowledge that there may be situations where it is not practicable for Locknload to give advance notice of a disruption, for example, in the event of an emergency, in these circumstances Locknload reserve the right to disrupt the Services to conduct necessary work upon the system without prior notice.
7. Client Responsibilities and Content Restrictions You are solely responsible for the content of any postings, data or transmissions using Locknload Services, or any other use of the Services by You or by any person/entity You permit to access the Services (a "User"). You represent and warrant that neither You nor any User will use the services for unlawful purposes (including, without limitation, infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, illegal pornography, obscenity, defamation, and illegal use, transportation or sale of tobacco, controlled substances and firearms), or to interfere with, or disrupt, other network users, network services, or network equipment. Disruptions include, without limitation, distribution of unsolicited advertising or chain letters, repeated harassment of other network users, wrongly impersonating another user, falsifying one's network identity for improper or illegal purposes, sending unsolicited mass e-mailings, propagation of computer viruses, using the network to make unauthorized entry to any other machine accessible location, via the network, and distributing of tools designed for compromising security (i.e. including, but not limited to, password guessing programs, cracking tools or network probing tools). Locknload may suspend or terminate the Services immediately, without prior notice to You, if Locknload believes, in good faith, that You or a User are utilizing the Services for any such illegal or disruptive purpose. You shall defend, indemnify, and hold harmless Locknload from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys' fees and litigation expenses) arising out of or relating to any and all claims by any person relating to use of the Services, including, but not limited to, use of the Services without Your consent. 7.2 Professional Advice Locknload recommend that professional advice be sought to determine the length of time necessary for adequate data storage for taxation and legal purposes.
8. LIMITED WARRANTY EXCEPT FOR THIS WARRANTY, Locknload AND ITS LICENSORS DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
9. LIMITATION OF LIABILITY Locknload AND ITS LICENSOR'S CUMULATIVE LIABILITY TO YOU AND ALL OTHER PARTIES FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICE OR ANY FAILURE OR DELAY IN DELIVERING THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED OR THE PRORATA EQUIVALENT IF YOU HAVE PURCHASED AN ANNUAL PLAN. Locknload SHALL HAVE NO LIABILITY SHOULD THERE BE ANY DELAY IN THE PROVISION OF THE SERVICE. Locknload RESERVES THE RIGHT TO SUSPEND PROVISION OF THE SERVICE FOR THE PURPOSES OF REPAIR, MAINTENANCE OR IMPROVEMENT OF THE EQUIPMENT, SOFTWARE AND/OR SERVICE OR ANY PART THEREOF; PROVIDED THAT Locknload WILL USE ITS REASONABLE EFFORTS TO PROVIDE PRIOR NOTICE TO CUSTOMER AND MINIMIZE DISRUPTION TO THE SERVICE. Locknload RESERVES THE RIGHT TO LIMIT CUSTOMER BANDWIDTH UTILIZATION. Locknload AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, OR FOR LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY DATA SUPPLIED THEREWITH OR ANY FAILURE OR DELAY IN DELIVERING THE SERVICE, EVEN IF Locknload HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE SHALL Locknload ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU FOR SUSPENSION OF SERVICE DUE TO NON-PAYMENT. Locknload WILL USE REASONABLE EFFORTS TO PROVIDE SUPPORT FOR CUSTOMER'S INQUIRIES RELATING TO THE SERVICE.
10. Other 10.1 Acts Beyond Locknloads Control Locknload shall not be deemed to be in breach of this Agreement and shall have no liability hereunder if its obligations are delayed or prevented by any reason of any act of God, war, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of any transportation or communication system, non-performance of any of Your agents or Your third party providers (including, without limitation, the failure or performance of common carriers, interchange carriers, local exchange carriers, internet service providers, suppliers, subcontractors) or any other cause beyond its reasonable control. 10.2 Notice of Claim and Legal Suits You must present any claim in writing to Locknload within a reasonable time, and in no event longer than forty five days(45) days after the event for which the claim is presented. No action may be maintained against Locknload for loss, damage or destruction of data transmitted, unless timely written claim has been given as provided above.
by written instrument) without the written consent of Locknload, which shall not be unreasonably withheld or delayed. This Agreement may be terminated and/or assigned by Locknload to any authorized provider of the Service by giving thirty (30) day notice to You.