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Terms and Conditions
This Agreement consists of two sections. This Section, entitled "Terms and Conditions," and the page(s) entitled "Order Form" which lists the Service you ordered, identifies you the Customer, and contains your signature.
Term of Agreement
You subscribe for the number of months of Service shown in the “Length of Contract" line on the Order Page (the “Initial Term”) for all Protected Servers You enroll in accordance with the service plan described below and set forth on the Order Page or pages. The Initial Term for Your Protected Servers commences on the earliest of the date You add a Protected Server via the web user interface or 30 days after the date of this Agreement.
Service Fees and Payments
All charges for the LiveVault Service under this Agreement shall be as specified on the Order Form. Payment terms are net twenty (20) days from invoice date. Any amount not paid when due will bear late charges at the rate of one and one-quarter percent (1.25%) per month compounded on a daily basis from the date due until the date paid. You shall be liable for all expenses incurred in collecting charges that are in arrears, including reasonable attorneys’ fees. You agree to pay all sales taxes where applicable.
If You fail to pay the charges of Distributor for a period of forty-five (45) days after the date of the invoice, Distributor may, after providing ten (10) days prior notice by email, at its option (a) cease providing the Service and/or (b) refuse requests to restore Your data. If You are in arrears for a period of three (3) months or longer, Distributor may, after providing ten (10) days prior notice by email, delete Your protected data. IN THE EVENT DISTRIBUTOR 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 Distributor from pursuing other remedies authorized by statute or otherwise permitted by law.
Additional Terms & Definitions
You may add Protected Servers to Your service plan at any time. Charges for Your service plan are based upon the peak amount of server data under protection at any time during the monthly billing cycle, increased to the nearest full gigabyte, for each Protected Server for each of the options shown in the Service Plan Table on the Order Form. Charges for a Protected Server that is added or deleted within a month are prorated for the number of days in the month that the Protected Server was subscribed to the Service. Charges are based on a minimum of 5 gigabytes (“GBs”) per Protected Server.
The Price per GB (“PPG”) is the monthly fee per GB per month for each option of the Service Plan chosen, as shown in the Service Plan Table.
The Total Monthly Service Cost is the combined cost of all options calculated by multiplying the Price per GB by the number of GBs for each option.
The Minimum Monthly Dollar Commitment (“MMDC”) for monthly plans is the minimum fee You agree to pay each month. Each month, the Total Monthly Service Cost is calculated and compared to the MMDC. If the Total Monthly Service Cost is less than the MMDC, the MMDC will be the fee You are charged for the month.
Monthly Payment Plans are billed in advance. In the first month of billing, (which for new customers is the month in which the 30 Day Cancellation Rights Period ends), You will be billed for one additional month equal to the MMDC fee.
Annual Prepaid Plans — You may elect an Annual Prepaid Plan and receive a significant discount. The cost of a prepaid plan is equal to 90% of the MMDC times 12. Each month You will receive a Monthly Service Credit equal to 100% of the MMDC, and this will be applied to the Total Monthly Service Cost on Your invoice. If the Total Monthly Service Cost, as calculated, exceeds the Monthly Service Credit in any month, You will be charged the difference. If the Monthly Service Credit exceeds the Total Monthly Service Cost, then no additional fees are due for that month. For multi-year contracts, You will be billed for one full year in the first month of each contract year.
Service Renewals — This Agreement will automatically renew for successive one-year terms at the end of Your Initial Term and any subsequent terms, unless a Termination Notice is sent to Distributor 30 days prior to the end of the current contract term. This Termination Notice should include: company name, contact name, telephone #, address and requested termination date.
Upgrades with higher financial commitment levels, which provide lower per GB prices, are permitted at anytime, but will be effective the first day of the following month. For upgrades, the contract term is restarted to its original term commencing with the effective date of the upgrade. Upgrades of annual prepaid plans include a pro-rata credit for any unused portion of the smaller plan.
EUSA InSync 09-2006