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Terms & Conditions

Remote Backup Services

Advanced Computer Technology (hereafter known as ACT) is a small business information technology system integrator, value added computer system builder, and reseller of quality business hardware and software products. As a value added service to our business IT clients, ACT may offer certain services such as remote backup, email hosting and web hosting services.

What is ACT managed remote backup service?
ACT managed remote backup service is a process of copying and transferring selected data files from the customers office to a remote data file server managed by ACT. The purpose of our managed remote backup service is to provide our customers with a secondary and secure off-site backup of important business data. All data is stored in an encrypted format and is unreadable without a special data restoration process. This service is in no way meant to replace the customers standard on-site data protection and backup processes, and should by viewed as a secondary disaster recovery layer of data protection.

How much and what data gets backed up?
ACT offers various tiers of data storage capacity based on the customers’ requirements and budget. An ACT technician will assist the customer to identify important files targeted for backup and then recommend the appropriate data capacity tier. Most customers will choose to selectively backup their most important files so it is very important to communicate to your technician which files you want to include in the process.

How often is my data backed up and how long is it kept?
Once ACT has completed the setup and testing portion of the remote backup services the technician will inform the customer that their remote backup service is going live. The backup process typically runs once every day, during off business hours. Your encrypted backup jobs are retained on our data server for 7 days or until your backup capacity quota is exceeded, whichever comes first.

What is the customers’ responsibility?
ACT will install special client software on the customers’ equipment for the purpose of establishing a communication link to our remote data file server. ACT will need access to all of the customer pc’s and file servers containing the files targeted for remote backup. The customer agrees to grant ACT permission to install the required remote communication software and to allow ACT remote access to the customers’ equipment and data files for the purpose of providing this service.

You agree as a requirement of this service, to allow ACT to collect, copy and restore your data as necessary at your direction.

It is the customers’ responsibility to provide and consistently maintain a stable high speed internet connection to allow the data transfer communication process to be performed.

It is the customers’ responsibility to protect the information on your computer equipment by installing and maintaining anti-virus software, updating your operating system and applications, password protecting your files, and limiting third party access to your equipment. ACT may back up files that are no longer useable due to corruption from viruses, software malfunctions or other causes. This may result in restoring files that are no longer useable.

It is the customers’ responsibility to communicate and to verify with ACT as to which data files are targeted for this remote service. Under no circumstances should you assume that “everything” is being backed up remotely.

It is the customers’ responsibility to maintain local backup’s of important data as the primary source for which to restore data. Note that software programs on computers and file servers will not be backed up. It is the customers’ responsibility, therefore, to maintain original installation media and licensing for all software in the event reinstallation is required. ACT will not be liable for data loss or third party data recovery service costs.

What are the limitations on service?
ACT will attempt to diagnose, propose solution options, and solve problems related to our remote managed backup service. In certain cases, it may not be possible to resolve all problems or issues due to circumstances beyond our control.

ACT reserves the right to refrain from providing remote managed backup service wholly or in part based upon unusual or extensive requirements, or for other technical reasons as determined by ACT. This service is not intended for use any illegal, high risk, or high liability activity including air travel, technical design or structure design, medical records, or medical operations. ACT makes no warranty for services and shall have no liability arising from use of our managed remote backup services related to these activities.

ACT reserves the right to limit the total liability for damages related to our remote managed backup service to the total amount paid for such services and you release ACT from liability for any indirect, incidental, or consequential damages. ACT is not liable for loss, alteration, or corruption of any data or for the customers’ inability to use any software or equipment.

ACT reserves the right to discontinue or not to render remote managed backup services if our ability to perform said work is impaired by the customer or any third party, creating circumstances beyond our control.

Cancellation and termination of service
It is the customers’ responsibility to maintain their account with ACT in good standing by promptly paying invoices for services performed in good faith. ACT reserves the right to limit or terminate any service from customers with delinquent accounts with a 5 day notice.

You may terminate our services at anytime with a 30 day written notice. Refunds will be issued on a pro-rated basis within 30 days of the final termination of service. If the customer did not pay a one time set-up and configuration charge, then a cancellation service fee may be accessed on cancellations within the first 90 days of service. Once an account has been terminated, we will destroy all of your data saved on our remote data server. We will not be obligated to save or provide you with a copy of your data following termination of services.

Your service subscription will expire 1 year from the original invoice date of the service. We will not automatically renew your subscription without your approval. With your approval, you will be invoiced for a 1 year subscription renewal in advance of the current subscription expiration data. ACT reserves the right to limit or terminate any service from customers with delinquent accounts with a 5 day notice if renewal payment is not received.

ADVANCED COMPUTER TECHNOLOGY’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE, SOFTWARE, AND SERVICES IS LIMITED TO REPAIR AND REPLACEMENT AS STATED IN THESE TERMS AND CONDITIONS. ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR THE SPECIFIED PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE SERVICE PERIOD INDICATED ON YOUR INVOICE. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE SERVICE PERIOD EXPIRES. WE WILL NOT ACCEPT LIABILITY BEYOND THE REMEDIES STATED IN THESE TERMS AND CONDITIONS OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. WE WILL NOT ACCEPT LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST SOFTWARE OR THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES. WE WILL NOT ACCEPT REPAIR DIAGNOSIS NOR WILL WE COMPENSATE THE END USER FOR THIRD PARTY SERVICE LABOR AND OR MATERIALS USED IN THE REPAIR OF AN ACT PRODUCT OR SERVICE WITHOUT OUR EXPRESS WRITTEN CONSENT IN ADVANCE OF THE REPAIRS. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT PAID FOR THE INDIVIDUAL PRODUCT OR SERVICE SUBJECT TO A CLAIM UNDER ANY CIRCUMSTANCES.
DOC/WARRANTY/03 REV.070909-2

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