EULA

End User License Agreement.  

Notice to all users: before you click on the accept button at the end of this agreement, carefully read the following legal agreement ("agreement") which sets forth terms for the use of the software and the cancellation of services provided to you by Belton IT Limited. You are consenting to be bound by and are becoming a party to the following license agreement. If you do not agree with the terms of the agreement, do not use the software. Note: by installing, copying, downloading, accessing or otherwise using the software product (defined below), you agree to be bound by the terms of this agreement.

Due to the nature of online backups, please test the backup service from time to time to make sure the online restore function works correctly to your satisfaction. You can do this using the restore feature within the software.

Grant of license for non-commercial use.

Subject to the terms of this agreement, Belton IT Limited grants to you, the user, a personal, non-exclusive, non-sub licensable and non-commercial limited license to install and use the enclosed Belton Online Backup software program (the "software") and related information, materials and documentation (the "documentation") on one computer only unless specified within to sign up form. Non-commercial means that you cannot charge other people to use the software, nor may you charge them for work you do on their behalf if it involves use of the software. This license authorises you to make one copy of the software solely for backup or archival purposes, provided that the copy you make contains all the proprietary notices.

Restrictions.

You may not rent, lease, subdivide, modify, translate or sublicense the software or documentation. You must not copy or redistribute any documentation.  You may only use the software and documentation in connection with Belton IT Limited’s automatic backup network and not with any other backup or related service. You may not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any of licensor's source code, underlying ideas, algorithms, trade secrets or other proprietary information by any means whatsoever, (ii) create derivative works from or otherwise modify this software, or (iii) copy or otherwise reproduce the documentation. You may not resell the software or transfer for value.

Ownership.

The Software is owned by Belton IT Ltd and its structure, organisation and code are the valuable trade secrets of Belton IT Limited and are protected by New Zealand Copyright and other laws, international treaty provisions and applicable laws, including intellectual property, of the country in which it is being used. The Software and Documentation are licensed and not sold to you. Except as licensed in this Agreement, Belton IT Limited retains all right, title and interest in and to the Software and Documentation worldwide.

 

Term and termination.

This agreement is effective for the period of 12 calendar months. All data is retained for a 30 day period from the date of your last transfer. If no transfer is performed within 30 days, all data will be automatically purged from Belton IT Limited’s systems and may not be recoverable. Your rights under this agreement will terminate automatically without notice from Belton IT Limited if you fail to comply with any term(s) of this agreement. There are additional termination provisions set forth below which affect your rights and ability to obtain a copy of your data. Please read them.

Service Fees

All fees related to using Belton IT Limited  Online Backup service are charged automatically using the payment method provided by you. If Belton IT Limited does not receive a request for service termination by calling or in writing to one of the addresses listed below under "customer contact information," You acknowledge and understand that Belton IT Limited will continue to charge you for service as long as your account remains active regardless if the service is used or not.

If you upgrade your service during an existing subscription term, you will be billed in full for the new limit. Any remainder of the prior paid subscription you have remaining will be added onto your account as an extension of service. A monetary refund will not be issued.

If, at any time, you contact your bank or credit card company and decline or otherwise reject this charge, this act will be considered a breach of this agreement and your account will be automatically terminated and your data purged from our system within 30 days. Service will not resume until you contact us using the information provided under "customer contact information". In the event that you resume service, the term of your account will be shortened to offset any charges Belton IT Limited incurs due to your cancellation.

Upgrades.

All software upgrades are provided to you for download and installation free of charge. By subscribing and paying for this service we grant you the right to free software upgrades to our primary software within your subscription period. You may use the upgraded Software only in accordance with the terms of this Agreement.

If you increase your data quota within your subscription period, you will be billed in full for the new limit. Any remainder of the prior paid subscription you have remaining will be added onto your account as an extension of service. A monetary refund will not be given.

Confidentiality.

Belton IT Limited will use reasonable efforts to prevent the unauthorised disclosure of your confidential information and data. Belton IT Limited will not seek to decrypt your data. Belton IT Limited, however, will not be responsible for any matter beyond its reasonable control, including, without limitation, unauthorised electronic access of your confidential information or data. In the event that Belton IT Limited is served a subpoena or is otherwise legally compelled to provide access to your data, Belton IT Limited will comply with proper legal authorities. Note however that your data is stored in an encrypted state, and although we will comply with authorities request to supply access to your files, they will remain encrypted and are not accessible unless the accessing party has the encryption password. If we store the password for you, and as required by law, need to give this up, your files can be accessed.

Controlling Law and Severability.

This Agreement shall be governed by the laws of the New Zealand without regard to conflicts of law’s provisions thereof. If any provision of this Agreement, or portion thereof, is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

Limited warranty.

Belton IT Limited warrants the media on which the software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery. Otherwise, Belton IT Limited’s entire liability and your exclusive remedy shall be replacement of defective media. This includes but is not limited to; CD’s DVD’s and USB Storage devices.

No other warranties.

Except as expressly provided in this agreement, the software and documentation are provided "as is." Belton IT Limited disclaims all other warranties, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Liability limitation.

In no event, including negligence, shall Belton IT Limited, and its suppliers, be liable for the cost of procurement of substitute goods, services or technology or for any incidental, special or consequential damages of any character (including, without limitation, loss of business profits, business interruption, loss of business information, or other pecuniary loss) or any other damages or losses arising out of the use of or inability to use this product, even if Belton IT Limited has been advised of the possibility of such damages. You agree and understand that in no event shall Belton IT Limited total liability to you exceed the list price Belton IT Limited charges you for a license to the software even if Belton IT Limited shall have been advised of the possibility of such damages.

Force Majeure.

Belton IT Limited shall not be liable for non performance, delay, errors, data loss or other loss caused by any event reasonably beyond Belton IT Limited’s control including, but not limited to acts of god, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

Entire agreement.

This agreement constitutes the entire agreement between the parties with respect to the software and documentation and supersedes all prior or contemporaneous understandings regarding this subject matter. Any amendment to or modification of this agreement shall be effective without delay upon change by Belton IT Limited. No amendment to or modification of this Agreement by you shall be effective unless in writing and signed by both parties.

Termination of the license agreement.

This agreement and the following provisions govern what happens to your data on termination of the license agreement. The term "data" refers to your computer files that are stored away from your computer by Belton IT Limited under the terms of this license agreement.

Disposition of data on termination.

The services provided to you by Belton IT Limited may be terminated under section Term and termination above. You understand that all data stored by Belton IT Limited under this agreement shall be deleted on or after seven (7) days from the termination date of the agreement (the "termination period"). You must inform us in writing (e-mail to: support@backup.net.nz or by regular mail to the address listed below) prior to the expiration of the termination period if you wish to (a) receive a copy of your stored data ("data copy"), or (b) have Belton IT Limited immediately delete all stored data whereupon such data will no longer be accessible to you and Belton IT Limited. Fees required to obtain copies of your stored data are described in this agreement. Your data may be kept confidential at all times subject to the terms of this agreement and the license agreement. If Belton IT Limited does not receive a written request for a data copy in writing to the address listed below under "customer contact information," you acknowledge and understand that Belton IT Limited will destroy all of your data files immediately on the expiration of the termination period with no liability to you whatsoever. By using the software you are agreeing to release Belton IT Limited from any and all liability, claims and damages due to lost or stolen data whether or not you request a data copy.

Fees.

Each 700MB Data block restored by Belton IT Limited onto CD or DVD is available under the terms of this Agreement at: All copies are a minimum of $19.95 per copy. Additional shipping and handling fees apply. Data restore by you using our software is free.

Limitation of liability for destruction of data after termination.

Except as provided herein, under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Belton IT Limited or its suppliers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or for any and all other loss and damages for the destruction of data under this agreement. In no event will Belton IT Limited be liable for any damages in excess of the list price Belton IT Limited or its distributors charge for a license to the software, even if Belton IT Limited shall have been advised of the possibility of such damages. This limitation of liability shall not apply to death or personal injury to the extent that applicable law prohibits such limitation. The foregoing provisions shall be enforceable to the maximum extent permitted by law.

Miscellaneous.

This Agreement is governed by the laws of the New Zealand, without reference to the conflict of laws principles. Where this contract is deemed to be a business to business offering the terms of the Consumers Guarantee act shall not apply/ expressly excluded. No provision of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by Belton IT Limited or a duly authorized representative of Belton IT Limited. You may not assign the benefits of this Agreement to any other party.

Customer contact information.

To request a data copy or terminate service, please contact Belton IT Limited customer support by calling 0800 800213, in writing by electronic-mail support@backup.net.nz, or by post to Belton IT Limited : Po Box 112371, Penrose, Auckland, 1060.

File protection requirements

In order for Belton IT Limited to properly protect your files, they must meet the following requirements:

  1. File has to exist on your computer.
  2. File must be selected as part of the backup set.
  3. You must complete a backup at least once every 90 days
  4. Your must have completed the initial backup of your files to our server.