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Data Safehaven - Online data backup & webAccess


Description of Services


The Customer will be offered the use of the Software to securely backup and retrieve their data on-line via any TCP/IP connection to the Data Safehaven Online Backup storage platform, where such backed up data will be stored. The Datasafehaven Online Backup storage platform is hosted in a secure environment.

The Customer will be provided with the client application, normally through the offer of a free trial. The Customer will then be required to provide name, password and encryption key. This encryption key will not be stored by the system. Accordingly, if the Customer loses this information, the data cannot be recovered.


The Customer can then select and schedule their backup set. The Customer can restore their data whilst online.  After the initial backup, incremental backups are done for a two calendar month period. At the end of that period, the oldest month is consolidated into a single backup volume, with the last version of all files selected at the end of that month, until a further month has elapsed, when the cycle is repeated. Customers of the service are able to access specific backups up to the month end consolidation allowing restores to be effected from any point within the cyclic one to three month window.






"Data Safehaven” “we” “us” means Datasafehaven Ltd.  “you” means the Customer. “The Software” means all or any computer programs provided by Data Safehaven to you, whether such programs are produced by Data Safehaven, or are sold or leased as distributor or agent of a third party whether by licence or through the public domain.  “The Internet” means the worldwide collection of equipment and systems that include but is not restricted to access to items of service (“the Internet Service”). “The Services” means the Data Safehaven Online Backup solution as outlined in the Description of Services above.



The copyright in the software provided, and any updates and supplements to it (“the software”) is owned by Attix5 (“the owner”).  You may not use or access the Software, copy or modify it in any way without the licence of the owner.  The owner offers you a non-exclusive licence on the terms of this agreement.


3.     Data safehaven OBLIGATIONS

When the Services are operational, and connected to the Internet Service, we shall make all reasonable efforts to ensure that the Services are maintained and are fully available to you 24 hours x 365 days per year.  We will use reasonable endeavours to answer by mail any queries that you may have about the service.


4.     PAYMENT

Save as appears below, the charges set out on the Data Safehaven website, provided by email or in writing, are non-refundable and for a minimum period of three months.  The charges may be reviewed from time to time.  Customers will be given a minimum of one month's notice of any changes.  You must pay in advance either quarterly or annually as specified on the website.   Unless otherwise stated, all charges are exclusive of VAT.   Payment will normally be due within 3 working days from account subscription date. Where payment has not been received within 7 working days, backup services may be suspended on the account.  If payment still has not been received within a further 7 working days, we reserve the right to remove all backed up data from the backup servers. Where any payment from you remains due and unpaid we will be entitled to charge interest at 2% above NatWest plc base rate for the time being accrued daily.  You may not withhold payment for the Services by reason of any outstanding claim under this or any other agreement with us.


All payments are non-refundable and non-returnable. You agree to pay us on our notification of amount due or on presentation of our invoice.  Any delay in payment will entitle us at our sole election to suspend the service and/or to apply liquidated damages.  Save as allowed by law, payment due for services provided shall not be withheld on grounds that any claim is outstanding.



You hereby confirm that you have not relied upon any representation made by us or on our behalf, which has induced you to enter into this agreement except as is provided herein.  If we delay or fail to perform our obligations under this agreement our maximum liability is limited to the amount already paid by you under this agreement for the Services (excluding VAT or other tax). Subject to this we shall not be liable to you for any claims loss damage (including consequential loss or damage) of whatsoever nature and howsoever caused except as is provided by statute. Except for the terms of this agreement (or required by law) no other conditions warranties terms representations and undertakings apply. If we are prevented from providing the Services for any reason beyond our reasonable control, we may suspend or delay delivery of the Services and shall not be held responsible or liable to you for our inability to deliver them. We cannot guarantee the proper delivery of any email message or other data item once it has left the confines of our network, and similarly we cannot guarantee that data traffic will be delivered or that its contents will be held secure once it passes from our control.



You warrant and undertake that neither you nor any person authorised by you will knowingly publish or transmit over the Internet nor store on the Datasafehaven Online Backup Storage Platform any material that is obscene, threatening, defamatory or likely to cause offence or which in any way infringes the intellectual property rights of another party.  You hereby agree to indemnify and hold us harmless from any and all demands losses claims proceedings damages costs and expenses including legal fees arising out of any claim against us in relation to such materials.



The Agreement shall continue unless terminated by either party giving to the other not less than the notice shown below, with prior written notice to expire on the day the Subscription Fee is due and payable.


Termination notice for Desktop and laptops – one calendar month.

Termination notice for Servers – 3 calendar months.


We reserve the right to terminate this Agreement at any time if you become the subject of a receivership winding up administration or bankruptcy order (or a petition is presented in respect of any of these) or if it otherwise appears to us that you are insolvent and unable to pay your debts as they fall due.  Any termination shall be without prejudice to our other rights or to your liability for amounts payable under this agreement.


8.     GENERAL

This agreement contains all the terms agreed between us and supersedes any previous communications representations or agreement by either of us including any terms and conditions on your order.  No modification of this agreement will be accepted unless made in writing and signed by one of Data Safehaven’s Directors.

We may assign our rights and obligations under this agreement.  You may only assign your rights without further payment only with our written consent (not to be unreasonably withheld) where the assignment is to a parent affiliate or subsidiary corporation purchasing all or substantially all your assets or where you merge with another corporate entity or partnership providing in each case the proposed assignee is not in our reasonable opinion a competitor.


The waiver by either party of any breach of these Terms and Conditions will not prevent the subsequent enforcement thereof and shall not be deemed a waiver of any subsequent breach.  If any part of this agreement is adjudged by a court of competent jurisdiction to be invalid such judgment shall not affect the remainder of this agreement, which shall remain in full force and effect.  Notices are to be given by first class mail.

English Law shall govern this Agreement and the forum for settling any dispute shall be the English Court.