Backup Terms of Service


These supplemental terms of service are to be read in conjunction with our general Terms of Service. All defined terms within these supplemental Terms of Service have the same meaning as those set out in the general Terms of Service. In the event of any conflict between these supplemental Terms of Service and the general Terms of Service, the provisions of these supplemental terms and conditions shall apply.  Our backup servers are located with Amazon Web Services S3 (AWS) and their respective terms of service and privacy policies should be read in conjunction to ours.

1. Definitions
Customer Data – The current data stored upon/within the Customer’s hosting account space with us.

2. The Fee
The Fee for the service is advised at time of checkout and is available at any time on our website. The fee is subject to change without notice at the end of any agreed term of the Backup Addon.  Fees must be paid and up to date for us to ensure the backup is performed.  You hosting account must also be paid and up to date for the backups to be taken.  Suspended hosting accounts are not backed up.

3. Services
3.1  Aussie Tech Heads will perform the backup of each hosting account daily at a time when server load is low.
3.2 Aussie Tech Heads will store the Customer Data on a server at Amazon Web Services (AWS) in Sydney Australia.  We will backup your Cpanel account as a whole and upon request make it available to you. This includes files, database and emails.
3.3 Backups will be made at the frequency stated above in 3.1
3.4 Aussie Tech Heads will keep the Customer’s stored data of each backup for at least one week, in which time it will be removed from our Servers.

4. Customer Responsibilities
4.1 The Customer agrees for the Aussie Tech Heads’ software to be installed upon the Customer’s equipment. The Aussie Tech Heads retains all rights in any such software, and on termination of this Agreement for whatever reason, the Aussie Tech Heads shall be entitled to remove such software.
4.2 The Customer will ensure the backup is functioning and the Aussie Tech Heads will provide access to necessary information to accomplish this. It is the Customer’s responsibility to confirm that all data the Customer wishes to be backed up is in fact included in the backup.
4.4 The Customer confirms it owns and is permitted to transmit all data to the Aussie Tech Heads.
4.5 The Customer agrees not to backup any data which is obscene, illegal, defamatory or which breaches the rights of any third party and will indemnify the Aussie Tech Heads from any claims or costs arising out of breach of this clause.

5. Limitations
5.1 Online backup is a service intended to be a reasonable precaution against data loss and to provide access to backed up data to enable business continuation after a loss of data. Online backup is not insurance against data loss nor is it a substitute for such insurance.  It is always advisable and is the Customer’s responsibility to create and test their own backup of their data.
5.2 Aussie Tech Heads will make reasonable endeavours to ensure that a current backup is maintained of all Customer Data. It is not possible to guarantee that all data files will be fully up to date at all times. Access to and restoration of an effective backup depends on an up to date copy of the data being held on the Aussie Tech Heads’ servers. The backups are taken as periodic ‘snapshots’, and not continuous. Copying to backup can be delayed for a variety of reasons, e.g. a file may be locked by a user application whilst in use, and so not accessible to the Aussie Tech Heads’ backup software until the data file is closed by the user application, or there may be a third party communications failure, which delays transmission of a backup to the Aussie Tech Heads’ server. Data files that are in use at the time of data loss will not be backed up.
5.3 So far as is reasonably practicable, backups will continue to be taken and available on a 24 hour 7 day basis, it is however technically impossible to provide fault-free service, and the service is provided ‘as is’ and without warranties of any kind, express or implied (other than warranties not capable of exclusion). Whilst Aussie Tech Heads will use reasonable efforts to ensure that service is maintained at all times, to keep unavoidable interruptions to a minimum, and to give notice of anticipated interruptions, but it is inevitable that there may be times when the service or some aspects of it are not available.
5.4 Backups capture the Customer Data at the time the backup is taken. A continuous record of the Customer’s files will not be retained and only the files extant at the time of the backup are capable of being reinstated.
5.5 Our obligations are limited to using reasonable endeavours to maintain an adequate recent backup, and to providing prompt access to such backup data as is available.

6. Access to backed-up data
6.1 Upon request from the Customer for Customer Data,  Aussie Tech Heads will either;
(a) Provide remote access to Customer Data, which is included within the Fee
(b) Provide Customer Data upon a storage device at additional cost,
6.2 Access is obtained by user password, it is the Customer’s responsibility to keep any passwords issued to the Customer secure, and to advise Aussie Tech Heads immediately if the Customer has reason to suspect a password to have become compromised. All access using a password allocated to the Customer is conclusively presumed to have been authorised by the Customer.
6.3 Unless otherwise requested by the Customer, the Customer’s data is encrypted with an encryption key only known to  Aussie Tech Heads.

June 2016