This Service Order (“SO”) is an integral and significant part of the General Service Conditions (“GSC”). The GSC and this SO establish the terms and conditions for the Server Backup service provided by Amen. Acceptance and/or confirmation of the order form by the Client is considered full acceptance of this SO. The sales offer published online in the website of Amen is an integral and substantial part of these contractual terms and conditions.
1) Description and characteristics of service
1.1 The Server Backup service (hereinafter also referred to as “Service”) enables the Client to transfer secure copies of data and content selected by the latter to a virtual space provided and reserved for the Client (hereinafter referred to as “Server Backup”), within the capacity limits as stated in the offer.The Service is supplied by Amen Limited in accordance with Leg. Decree no. 196 of 30 June 2003, as described in the Privacy document published on the home page of the Amen website, which the Client confirms to have read and accepted.
1.2 The characteristics of the Service and operating procedures for use by the Client are specified in the offer published on the Amen website, which is to be considered an integral part of this SO, and/or on the client’s dashboard. Amen reserves the right to modify the characteristics of the service and/or to transfer the Service to other platforms with the same or superior quality, providing due notice to the client in writing.
1.3 The Service must be used by the Client for the purposes as envisaged and may not be used for storage purposes. The Client undertakes to store the original copy of the data of which a backup copy is made. The integrity and vulnerability of files, programs, and space contents of the client are entirely the responsibility of the client him/herself.
If the above, due to lack of updates or errors in code writing, lead to system vulnerability, enabling access by unauthorised third parties who, at the discretion of Amen, may cause direct or indirect damage to the Service and/or the relative platform, and/or are exploited by the Client him/herself or third parties authorised or not authorised by the Client, to indirectly damage services provided on the platform, Amen reserves the right, with or without notice, to intervene and suspend the Service until the Client restores the original and appropriate conditions of security to ensure integrity of the system established at the discretion of Amen.
1.4 The backup copies of data are stored on platforms owned by PoundHost Internet Ltd with registered offices in Worcester WR3 7GD United Kingdom, hosted on servers located in the EU. The Client acknowledges and accepts that Amen acts exclusively as a reseller for PoundHost Internet Ltd and that the personal data and content placed by the Client in the Server Backup will be handled by PoundHost Internet Ltd exclusively for the purposes of providing the Service and for the entire duration of this Service.
1.5 All data and contents loaded by the Client via the Server Backup Service are and remain the exclusive property and under the sole control of the Client. Amen has no control or access to the data of which a backup copy is made, and has no access to the latter. Any liability arising from these data or contents remains entirely with the Client. The Client is likewise exclusively responsible for the correct storage of access credentials and the use of appropriate safety measures adopted to prevent unauthorised access by third parties to the associated Server Backup. Moreover, the client is also responsible for all loading, downloading, deletion, registration and management of data and content on his/her Server Backup. In the event of requests on behalf of third parties (final clients) by the Client (or in accordance with this article, Reseller) the Reseller shall be liable for all data entered in the Server Backup granted via the service on behalf of the final client. The Client is informed that it is his/her duty to adopt all safety measures necessary to protect the backup copies against any type of hacking, intrusion, attempts at intrusion, attack etc. The Client is also informed that Amen does not manage data and/or administrate the Server Backup on behalf of the Client under any circumstances.
1.6 The Service shall be available continuously, with the exception of suspensions required for maintenance interventions. Amen may suspend supply of the service at any time in the event, at its sole discretion, that there are justifiable reasons of security and/or confidentiality issues, duly notifying the Client. Amen shall provide assistance within the times specified on the Dashboard, from 9 am to 5 pm, excluding weekends and national holidays. Amen shall provide assistance only for requests within the scope of competence and liability of Amen, as envisaged in this SO. To request assistance, the Client must send a detailed ticket via the personal Dashboard.
1.7 Amen employs highly qualified technological partners and the latest technology, using the best resources available to support clients in providing the Services subject to this Agreement. Amen shall not be held liable for interruptions to the Service caused by events outside the reasonable control of Amen or their sub-suppliers used to provide the service and/or any damage deriving from anomalies occurring during the supply of Services, if not directly attributable to Amen and/or do not fall within the technical control of the latter. These anomalies may include, but are not limited to (i) events of force majeure (ii) events depending on the actions of third parties, for example the interruption of malfunction of services from telecommunications providers and/or electrical lines, or actions or omissions of the Service producer (iii) damage due to faults in equipment required for access to the Service (iv) malfunctions of terminals or other communication systems used by the Client (v) improper use of the equipment and/or procedures by the Client or third parties for access to the Server Backup etc. In any event, the company guarantees the maximum effort in the continuous supply of services, with the exception of suspensions required for maintenance operations. Amen shall not be responsible for any interruptions to the service and undertakes to remedy the latter strictly within the technical times necessary.
1.8 Amen may, at any time, interrupt the Service for reasons of data security and/or confidentiality, with or without notice to the Client. At its own discretion and for the purposes of scheduled operations, Amen may modify or revise (for technical reasons) the functionality or characteristics of the Services, providing at least 5 days’ notice to the Client, and in any event ensuring adequate functionality of the said Service.
1.9 Amen shall also be exempt from all and any type of responsibility in the event of destruction, loss, theft, damage or deterioration, even if only partial, of the data stored in the Server Backup for any reason or cause that is not attributable to serious negligence by Amen.
In any event, any liability of Amen with regard to the Client related to prejudice arising from this agreement, may not exceed the total sum effectively paid by the Client to Amen in the six months immediately prior to the said event causing the aforementioned prejudice.
2) Obligations and Responsibilities of the Client
2.1 The Client accepts and acknowledges that the Service, the duration of which is decided on by the Client at the time of purchase, shall be valid from the time of activation of the Service itself. It is therefore the obligation of the Client to proceed with Service activation following purchase, according to the procedures stated by Amen. The Client accepts and acknowledges that Amen shall not verify or control correct activation of the Service and may not be considered in any way responsible in the event of failure or errors in activating the Service. In the case of purchase of the Service in question by the Client (or to all intents and purposes of this article, the Reseller) on behalf of third parties (final users), the Reseller shall be deemed liable in association with the final user.
2.2. Amen reserves the right to immediately suspend the Service in the event that, at its sole discretion or in response to claims from third parties, Amen ascertains that the Client is directly and/or indirectly committing actions in breach of the obligations stated in this article or provisions established by current legislation and regulations. In this case, the Client, following notification of this fact, also by email, from Amen, shall immediately endeavour to eliminate the causes of the claims or shall provide suitable documentation proving that the said actions attributed to the Client directly or indirectly are performed in full compliance with all current standards and regulations. In the event that the Client fails to respond to the notification sent by Amen, the latter reserves the right to immediately terminate this contract, without prejudice to its entitlement to payment in full of all and any sums due, and to request further damages as compensation for any damage or loss incurred by Amen in this matter.
2.3 For the entire application and duration of this SO, the Client is obliged, under his/her sole responsibility and at his/her personal expense, to:
– use the Service exclusively for legitimate and legal purposes;
– observe all and any instructions provided by Amen regarding the appropriate and correct use of the Service.
The Client must adopt all measures to limit the damage and/or loss of files, memory, documents or any other contents or data of which a backup copy is made. For this purpose, the Client undertakes to duplicate these files, documents and storage means and to conserve them in a safe location. The Client accepts that the Server Backup Service is not modifiable and is granted for use subject to the clause “as is”, with no guarantee of any kind, including but not limited to adaptations for specific purposes, absence of bugs, etc. Therefore, the Client expressly waivers the right to any action to withdraw from the agreement with Amen with regard to these aspects.
2.4 The Client accepts and acknowledges full and sole responsibility for any and each activity performed using the Service, which may be directly or indirectly attributable to the Client, and in particular all contents and communications copied, stored and transmitted using the Service. Under no circumstances can Amen be held liable in any way for any conduct and/or criminal, civil or administrative omissions by the Client directly or indirectly via this Service. The Client undertakes to defend, waiver and deem Amen exempt from each and all legal actions, claims, costs or expenditure, including legal costs, deriving from Amen following failure by the Client to fulfil the contractual obligations and to respect to guarantees supplied through acceptance of this agreement, and in any event associated or linked to the use of this Service.
3) Duration of the Service
3.1 The duration of the Service is one month (30 days), three months, six months or twelve months as of the date of purchase (hereinafter referred to as “Period of Validity”), depending on the choice of the Client at the time of purchase. If not selected by the Client, the system automatically configures the Service for one month (30 days). On expiry of the period of contract validity the data entered by the Client in his/her Server Backup and stored therein will be deleted without the possibility of retrieval and without any prior notice to the Client. Furthermore, the Client will no longer be able to access the personal Server Backup. It will be the responsibility of the Client, in order to avoid the loss of contents, to renew the Service within the effective expiry for renewal (see definition below) displayed on the dashboard of the Client.
3.2 The Service may expire a) with or b) without auto-renewal.
- a) In the case of expiry with auto-renewal and payment by credit card, following notification by email, the fees as outlined in the article “Fees and Payments” will be charged directly by Amen on the Client’s credit card, according to the terms and conditions applicable at the time of renewal. If Amen is unable to charge this payment to the credit card, the contract cannot be renewed automatically and will be considered permanently terminated on the envisaged date of expiry. In this case, the Client may renew the service according to the procedure outlined below. In the case of expiry with auto-renewal and payment with methods other than by credit card, 20 days before the expiry date Amen will arrange for renewal and will send the relative invoice to the Client. This invoice must be paid according to the terms envisaged herein. The invoice and instructions for payment will be sent by standard mail to the address stored in the archives of Amen at the time of the order. If the Client does not proceed with payment according to the envisaged terms, Amen is entitled to suspend the service at any time, notwithstanding the specifications of article 6 of the General Service Conditions.
- b) In the case of expiry without auto-renewal, the Client may request renewal of the Service with this SO from Amen via the online procedure provided for this purpose, for additional and subsequent periods within the terms stated on the Client’s Dashboard and according to the technical and pricing terms applicable at the time of Service renewal, following the relevant renewal procedure. If not renewed according to the terms and conditions outlined above, on expiry, this SO will no longer be valid, without the requirement that Amen sends due notification.
3.3 In order to avoid interruptions to the Service and/or loss of data, the Client must renew the Server Backup service at least 7 days before the expiry date (useful term for renewal). If renewal is by bank transfer, the Client must provide Amen with proof of payment prior to the Service expiry date. The Client accepts that in the event of delayed renewal, the Service may no longer be available and data may be deleted; in this case the Client waives and releases Amen from all liability to this regard.
In all cases of terminating the contract and/or if the Service Conditions above envisage otherwise, no only the functions subject to offer, but also all data and content entered by the Client in the Server Backup will be deleted without the attribution of any responsibility to Amen for maintenance and/or storage. Therefore, if the Client does not intend to renew the Service, he/she will however be responsible for saving the data on other media prior to the set expiry date,in order to prevent loss of this information.
4) Fees and Payments
The Fees for the Service are as specified in the Sales Offer present on the website http://www.amenworld.nl/ . The contract for the supply of the Service is considered concluded and fulfilled on payment of the fee for the selected Service, in accordance with the specifications of the Offer. The cost of renewal shall be as applied by Amen at the time of requesting renewal by the Client, and indicated in the menu of the Dashboard. The sum due for the Server Backup Service must be paid by credit card or using other methods available on the website of Amen when making the payment, after compiling the payment form during the registration procedure.
The backups are stored on servers owned by PoundHost Internet Ltd Internet Ltd Acton House, Perdiswell Park, Worcester, WR3 7GD, a British company belonging to the Dada Group and duly appointed as Data Controller.