Backup Space Service Order

Backup Space

This e Service Order (SO) is an integral and essential part of the General Service Conditions (GSC).
The GSC the SO and the Commercial Offer (CO) set out the terms and conditions of the Backup Space Service provided by Amen Nederland B.V (hereafter also “Amen NL”). By signing the order form the customer implies full acceptance of the terms and conditions including for the avoidance of doubt this SO.

Service Description

1.1 The Backup Space service (hereinafter referred to as the “Service”) allows the Customer to move to virtual space (hereinafter referred to as the “Backup space”) where the backup copies of data and contents selected by the Customer are stored, subject to the capacity limits as detailed in the CO. The Service is provided by Amen NL in compliance with the Dutch Privacy legislation of the Netherlands, as more particularly described in the Privacy Policy published on the homepage of the Amen NL website, which by using the service it is implied that the Customer has read and accepted.

1.2 The description of the Service and the operating procedures for its use by the Customer are detailed in the Terms and Conditions of use and published on the Amen NL website which is integral part of this SO and/or on the control panel Amen NL reserves the right to modify the characteristics of the service and/or to transfer the Service to other platforms having the same or premium qualities, by giving written notice to the Customer.

1.3 The Service must only be used by the Customer for the purposes for which is designated and cannot be used for filing purposes. The Customer agrees to keep the original copy of data where a backup copy is generated. The integrity and vulnerability of files, programmes and contents of the customer’s space are entirely the responsibility of the customer. If files, programmes and contents by failure to update or as a result of errors in code writing cause a system vulnerability so as to allow the unauthorised access to the system which may in the reasonable opinion of Amen NL cause direct or indirect damage to the Services provided by the Platform and/or exploitation by the Customer or third parties, either authorized or unauthorized by the Customer, to indirectly cause damage the services provided by the platform, Amen NL at its sole discretion may with or without prior notice intervene and suspend the Service until the customer has restored the appropriate technical security measures to ensure in the reasonable opinion of Amen NL systems integrity.

1.4 The backup copies of data are stored on cloud platform owned by Livedrive Internet Ltd based in 1 Kingdom Street, Paddington London W26BD and hosted on servers located in EU. The Customer acknowledges and accepts that Amen NL acts only as reseller of Livedrive and the personal data and contents entered by the Customer in the Backup space will be processed by Livedrive solely for the purpose of granting the Service and will be processed by it for the entire duration of the Service.

1.5 All data and contents uploaded by the Customer through the Backup Space Service are and remain the exclusive property and under exclusive control of the Customer. Amen NL has no control or access to the backup copy of the data. All liability howsoever arising for the backup data rests entirely with the Customer. Further it is the sole responsibility of the Customer to ensure proper storage of login credentials and to adopt appropriate security measures to prevent unauthorized access by third parties to the customers own Backup space.

In addition the Customer assumes all liability for the uploading, downloading, deleting, recording and management of data and contents on its own Backup space. In case of a request on behalf of third parties (end customers) by the Customer (or, for the purposes of this article, the Reseller), the Reseller will be responsible for the data entered in the web space provided through the hosting service on behalf of the end customer. The Customer is informed that it is his responsibility to adopt all security measures to protect the backup copies against any sort of hack, intrusion, attempted intrusion, attack, etc. The Customer is informed that Amen NL does not handle data and /or administer the Backup space on behalf of the Customer under any circumstances.

1.6 The Service will be available excepting any suspension for maintenance work. Amen NL may interrupt the service provision at any time if, at its sole discretion, grounded security and/or confidentiality protection reasons arise, in this case by giving notice to the Customer. Technical support will be provided by Amen NL from Monday to Friday, from 9 am to 5 pm, excluding public holidays according to the Dutch calendar. Amen NL will only provide technical support for requests as detailed in this SO. In order to request technical support the Customer should submit a ticket through his own Control Panel with details of the support required.

1.7 Amen NL takes advantage of skilled technology partners and qualified technology by using the best available resources to support customers in the supply of the Services covered by this Agreement. Amen NL will not be liable for any interruption of the Service caused by events beyond the reasonable control of Amen NL and/or damages that result from anomalies occurred during the provision of the Services, which are not directly attributable to Amen NL and/or do not fall within its technical control such as, but not limited to (i) events of force majeure (ii) events caused by third parties such as, but not limited to, the interruption or the malfunctioning of the telecommunications operators services and/or the electric power lines or acts or omissions of the Service producer (iii) malfunctioning of the terminals or other communication system used by the Customer (iv) damages due to failures of the equipment necessary to access the Service (v) improper use of equipment and/or procedures by the Customer or third parties to access Backup space, etc. The company guarantees the maximum effort in the supply of services, except for the suspensions needed to perform maintenance operations. Amen NL will not be liable for any interruption of the service and engages in finding a solution to these problems complying with the technical time needed.

1.8 Amen NL may, at any time, discontinue the Service for reasons of data security and/or confidentiality, with or without prior notice to the Customer. Amen NL may, at its sole discretion and for scheduled operations, modify or revise for technical reasons the Services functionality or features, by giving the Customer at least 5 days advance notice and, in any case, by ensuring proper functionality of the Service.

1.9 Amen NL accepts no liability in the event of destruction, loss, theft, damage or deterioration, even partially, of the data entered in the Backup space, for any reason or cause not involving gross negligence by Amen NL . In any case, any liability arising in Amen NL to the Customer by reason of any detriment resulting from this agreement, will not exceed the total amount actually paid by the Customer to Amen NL in the six months immediately preceding the occurrence of the event that has determined the abovementioned detriment.

2) Customer Obligations

2.1 The Customer agrees and acknowledges that the Service, whose duration will be chosen by the Customer at the time of purchase, will accrue from the activation of the Service. It is therefore the Customer’s responsibility to proceed with the activation of the Service after the purchase, following the methods and procedures indicated by Amen NL. The Customer agrees and acknowledges that Amen NL will not verify or check the proper activation of the Service and may not be considered in any way responsible for any incorrect or no activation of the Service. In the case of purchase by the Customer (or, for the intents and purposes of this article, Reseller) of this service on behalf of third parties (end users), the Reseller will be jointly and severally liable with the end user.

2.2 Amen NL reserves the right to immediately suspend the Service in the event that, in its sole discretion or through complaints received by third parties, Amen NL has reasonable grounds to suspect that the Customer is directly and/or indirectly committing acts that violate the obligations under this article and under the applicable legislation and regulations. In this case the Customer, as a result of the advance notice, even by e-mail written by Amen NL , will immediately eliminate the complaint causes or provide appropriate documentation showing that the acts directly or indirectly ascribed to the Customer take place in full compliance with all the rules and regulations in force. In the event that the Customer fails to respond to the notice sent by Amen NL , Amen NL reserves the right to immediately terminate this agreement without waiving its right to payment of any amount, as well as to require further damages in compensation for any damage or loss Amen NL may claim in this regard.

2.3 Throughout the extent and duration of this Agreement the Customer shall be obliged:
– use the Service only for lawful and legitimate purposes;
– comply with any and all instructions that may be given by Amen NL regarding the appropriate and correct use of the Service. The Customer shall take all appropriate measures to restrict damages and/or loss of files, memory, documents or any other content or data whereof a backup copy has been made. In this regard, the Customer engages in duplicating all these files, documents and storage devices and in keeping them safe. The Customer agrees that the Backup Space Service is not editable and is licensed for use with the clause “as is” without any warranty of any kind including, but not limited to, fitness to a particular purpose, absence of bug, etc. The Client therefore waives all recourse against Amen NL on these aspects.
2.4 The Customer agrees and acknowledges to be fully and solely responsible for any activity performed through the Service, which may be directly or indirectly attributable to the Customer and, in particular, the contents and notices copied, saved and transmitted through the Service. In no event Amen NL will be held responsible for any behaviour and criminal, civil or administrative wrongdoing committed by the Customer, directly or indirectly, through the Service. The Customer agrees to defend, hold harmless and indemnify Amen NL from and against any and all lawsuits, claims, costs or expenses, including legal fees, caused to Amen NL as a result of the non-fulfilment of the Customer of his assumed obligations and guarantees provided through the acceptance of this agreement and, in any case, otherwise associated with the use of the Service.

3) Duration

3.1 The Service lasts one month (30 days), three months, six months or twelve months accruing from the purchase date (hereinafter “Effective Date”), in accordance with the choice made by the Customer at the time of purchase. In the absence of choice by the Customer, in its Auto Setup the Service will last one month (30 days). Upon expiration of the contractual effective date, the data entered by the Customer in his own Backup space and contained in it will be deleted without the possibility of recovery and without any prior notice. Furthermore it will no longer be possible for the Customer to access his own backup space. It will be the responsibility of the Customer, in order not to lose the contents, to provide for the Service renewal by the time limit of renewal expiry (see definition below) indicated on the control panel of the Customer.

3.2 The Service may expire a) with or b) without tacit renewal.
a) In the case of expiration with tacit renewal and payment by credit card, following the notification by email, the compensations referred to in the article “Compensations and Payments” will be directly charged by Amen NL to the Customer’s credit card, in compliance with the terms and conditions in force at the time of renewal. In the event that Amen NL cannot proceed with this charge, the contract will not be tacitly renewed and will be considered definitively terminated at the scheduled expiry date. In this case, the Customer may renew the service by following the described procedure as follows. In case of expiration with tacit renewal and payment with a different system from the credit card, 20 days before the expiry date Amen NL will execute the renewal and issue the invoice to the Customer. This invoice should be paid in accordance with the terms herein. The invoice and the payment instructions will be sent by surface mail to the address registered in the archives of Amen NL at the time of the order. If the Customer does not provide for payment on time, Amen NL may suspend the service at any time, subject to article 6 of the General Service Conditions.
b) Upon expiration without tacit renewal, the Customer may require to Amen NL , through the online procedure provided by Amen NL , to renew the Service with this SO for additional and subsequent periods within the deadlines which appear on the Control Panel of the Customer and at the technical and economic conditions existing at the time of renewal of the Service and by executing the renewal procedure. If not renewed in the abovementioned forms and terms, upon expiration, this SO will cease to be in force without the need for Amen NL to send any notification.

3.3 In order to avoid the interruption of the Service and/or loss of data, the Customer must renew the Backup Space Service at least 7 days prior to the expiry date (renewal time limit). If the renewal is made by bank transfer, the Customer must provide proof of payment to Amen NL before the expiry date of the Service. The Customer agrees that in the event of a delayed renewal, the Service may no longer be available and data may have been deleted; the Customer exempts and relieves Amen NL from any liability in this respect. In all cases of termination of the effects of the contract and/or if the abovementioned Service Conditions provide otherwise, not only the functions described in the offer but also all data and contents entered by the Customer in the backup space will be deleted without any responsibility for Amen NL for their maintenance and/or storage. Therefore, even if the Customer does not intend to renew the Service, the Customer will have the responsibility for storing data on another device before the expiring date to avoid the loss of data.

4) Consideration and payments

The Consideration for the Service will be as set out in the Commercial Offer as detailed on our website: This agreement shall be considered concluded and executed upon payment of the compensation related to the Service, in accordance to what is stated in the offer. The renewal price will be the price applicable by Amen NL at the time of the renewal request by the Customer and it is indicated in the Control Panel menu. The amount due for the Backup Service Space shall be paid by credit card or using the other payment methods available on the Amen NL website at the time of payment, after having filled out the payment form during the registration procedure.

The specific contract conditions applicable to every Amen Dedicated Server option purchased are as follows: