Jottacloud Cloud Backup Agreement

All data transferred between your devices and our servers is carried out utilising the strongest 256-bit grade encryption available. For the purposes of this agreement, data backups carried out using Jottacloud are securely stored in data centres located in Norway, protected by Norwegian privacy laws.

KyleTech utilises services provided by Capital Security Solutions Pty Ltd to facilitate all backups. In respect to this, you accept that at times KyleTech may need to disclose sensitive or confidential information about your organisation to such organisations for the purposes of facilitating the cloud backup service.

We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of KyleTech, its customers or third parties or if required by law. Our complete privacy policy can be found here, in accordance with the Privacy Act 1988.

KyleTech provides the Cloud Backup Service as a means of ensuring and protecting its customers against data loss. However, the customer has a responsibility to ensure that their personal computing devices and or computer networks are maintained regularly and that adequate virus protection is installed. Whilst we endeavour to provide this service with a 100% up-time, circumstances outside of our control may mean that this is not always possible.

KyleTech advises that this service should not be relied on as the sole method of data backup for its clients. We highly recommend the 3-2-1 backup strategy which means having at least three total copies of your data. Two kept locally on different mediums (e.g. computer and external hard drive) and at least one copy offsite (e.g. cloud backup). This ensures redundancy and the ability to be able to quickly recover data if a catastrophic loss occurs.

The service offerings are provided “as is.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, we and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the service offerings or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.

You hereby waive any and all claims against KyleTech or any of its contractors, agents, affiliates, directors and officers relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from KyleTech providing cloud backup services to your organisation as requested by you pursuant to this Agreement, including, without limitation, loss of data and damage to your computer hardware, software and/or any related systems.

This Cloud Backup Agreement is made in conjunction with KyleTech standard Terms & Conditions of Service and does not supersede any other agreements you may have with KyleTech.

In the event that the client no longer requires use of the Cloud Backup service and wishes to terminate this agreement, this may be done so provided it is communicated in writing with a minimum period of thirty days notice.

All backup services are billed via direct debit authorisation from a bank account only. The client will be charged on the nominated day as per this authorisation. If payment fails, the system will wait 3 days before attempting to process the charge again. If the authorisation fails a second time, a dishonour fee of $5.50 is applicable.

Should the client default on payment for two consecutive months, KyleTech reserves the right to terminate provision of this service with immediate effect.

Termination of the service will result in removal of the client’s account from our systems and complete destruction of any data contained on our servers without recovery.

If for any reason KyleTech is no longer able to provide the Cloud Backup Service to its clients or deems it be financially unviable, all users of the service will be issued with advance notice advising that the service will be discontinued with a minimum notice period of three months.