Terms & Conditions

These Terms and Conditions are the terms upon which you are entitled to access and use the Site.
Access to and use by you of the Site constitutes acceptance by you of these Terms and Conditions,
which take effect from the date of first access to the Site.

1. Definitions

1.1 In this Agreement the following definitions shall have the following meanings:

2. The Service

2.1 We agree to provide the Service to you in accordance with the terms set out in this Agreement.

2.2 The Site is operated using the Software subject to the Licence Agreement. A copy of the Licence Agreement is available to you on request from us.

3. The Site

3.1 You agree and acknowledge that:
a. the need for routine maintenance and error correction on the Site or in relation to the Software may result in down time and that we cannot always control the timing or amount that the Site may be down. Access by you or any third party to the Site at any time is not guaranteed;
b. payment methods provided for on the Site may vary and may be unavailable from time to time;
c. you will direct all complaints, feedback, concerns or queries regarding the Service provided via the Site to us. For the avoidance of doubt you will not direct such complaints, feedback, concerns or queries to OBS or Attix5.

3.2 You may use the Site solely for the purpose of accessing and using the Service.

3.3 Where the Site or any material on it is intended to be used for purposes other than that permitted in clause 3.2, you must obtain prior written consent from us.

3.4 If you breach any of these terms and conditions, your authorisation to use the Service and the Site automatically terminates and you must immediately destroy any downloaded or printed materials.

3.5 It is possible that third parties may access the Site and alter its content. We will not be liable for any damage or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on the Site.

4. Information and Function

4.1 Any information provided on the Site is intended to be informative only and is provided on an "as is" and "as available" basis. By accessing and using the Site you acknowledge that any reliance upon any information obtained or received via the Site shall be at your sole risk.

4.2 We provide the information on the Site without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

4.3 We do not warrant that the functions of the Site will be uninterrupted or error free, that defects will be corrected or that this Site or the Host's servers that make it available are free of viruses.

5. Software and IPR

5.1 Subject to clause 5.2 all IPR relating to the Software are owned exclusively by Online Backup Services Ltd and we are properly licensed to use them in respect of the Services under the Licence Agreement and no right, title or interest in or to any of the same is granted, transferred or assigned in any way to you.

5.2 You will not nor will you assist, authorise or encourage any third party to:
a. reverse engineer, decompile, disassemble or modify the Software or otherwise attempt to discover any source code related to the Site;
b. distribute, license, rent, sell, lease or otherwise transfer the Software or the Site;
c. remove, obscure or alter any notice of copyright, trade mark or other proprietary notices present on or in the Site.

6. Termination

6.1 We may terminate this Agreement at any time by giving 21 days notice in writing (which may be by email) to you.

6.2 Either party may terminate this Agreement immediately upon the other party's breach of any term, condition or obligation under this Agreement unless such breach (if remediable) is remedied within 30 days from the date of written notice of such breach from the other party.

6.3 The parties agree that in the event of termination of the Licence Agreement, this Agreement will immediately terminate and the Site including your access to the Site will be terminated.

7. Warranties, Responsibilities and Liability

7.1 You are solely responsible for the adequacy and accuracy of all information and data input by you onto the Site whilst using the Service. We will not be responsible for the consequences of any errors made by you in using the Service.

7.2 You shall not post or input any data, information or material onto the Site which may be illegal, obscene, offensive or defamatory.

7.3 You shall defend, indemnify and hold us harmless from all liability and expenses (including, but not limited to legal fees) arising from any claim resulting from any breach of these provisions by you.

7.4 In no event shall we be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of this Site or the Software, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, and/or downtime. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

7.5 Nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of our negligence.

7.6 Save as required by law we do not warrant the Service against failure of performance due to failure of hardware, communication systems or the Host. We disclaim and you waive all other warranties, express or implied, with respect to the Service and/or Software, howsoever arising, including, without limitation any implied warranty of satisfactory quality, fitness for purpose and any obligation, liability, right, remedy, claim in tort, notwithstanding any fault, negligence, strict liability or product liability of us.

8. General

8.1 If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith, in order to maintain the economic position enjoyed by each party as close as possible to that under the provision rendered unenforceable.

8.2 This Agreement constitutes the entire agreement of the parties with respect to its subject matter and all prior agreements are superseded. No amendment or modification shall be binding unless in writing and duly executed by both Parties.

8.3 Nothing in this Agreement is intended or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either party to act as agent for the other.

8.4 No provision of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any other person who is not party to it.

9. Privacy and Data Protection

9.1 Preservation of your privacy is very important to us. We are committed to protecting your rights and confirm that all personal data submitted by you will be processed in accordance with the principles of the Data Protection Act 1998.

9.2 We may collect, hold, control, use and transmit data obtained from and about you and visitors to the Site in the course of providing the Services and the Site. You agree to such data being so used and further that it may be transmitted to others in accordance with our registration under the Data Protection Act, 1998

9.3 The Padlock symbol may be used on the Site to alert you to the fact that your information, including personal information, is being collected and processed. By clicking onto the padlock symbol you will be directed to sources which will clearly explain how the information is to be used.

9.4 Log files allow visitors' use of our Site to be recorded. We may compile log file information from all site visits and use that to make changes to the layout of the Site and to the information on the Site based on the way visitors move around the Site. Log files do not contain any personal information.

10. Communication

Communications in connection with the Service and the Sites may be by way of
e-mail. For ease of use and compatibility we will not encrypt emails, except those relating to payments, unless you expressly ask us to do so. In the event that you would like us to encrypt the e-mails sent to you, please provide us with the necessary certification to enable us to do so. E-mail unless encrypted is not a fully secure means of communication.

11. Changes

We reserve the right to modify, add to or change these Terms and Conditions and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the Site. Continued use of the Site after a modification, addition or change has been made is your acceptance of the modification, addition or change.

12. Feedback

12.1 Your feedback is valuable to us and will allow us to serve you better. Your views on what we are doing and how we could make things better are important to us.

12.2 If you have any comments, suggestions or complaints we would be delighted to hear from you. Send any feedback via email to support@sequredata.com.

13. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

13.2 We reserve the right to bring proceedings in the courts of the country of your residence or that of your principal place of business.

13.3 The Site is intended for access and use by persons in England and Wales only. We do not represent or warrant that the information on this Site complies with the regulatory regime of any other country.

13.4 If you access this Site from other locations outside England and Wales you do so on your own initiative and you are responsible for compliance with local laws.