This Agreement is effective until terminated. You may terminate this Agreement at any time by closing your account using the AngelBackup.com website and by uninstalling any client software associated with your account. The Company does not impose a termination charge, however you agree to payment of any fees that may be outstanding on your account up to the date of the account closure.

The Company reserves the right to terminate this Agreement if you violate any of its terms and conditions. The Company reserves the right to suspend or discontinue access to the Service to any user at any time at the Company's sole discretion. You agree that, upon such termination, you will uninstall and permanently erase all copies of the client software associated with your account.

The Company agrees to remove and destroy any data associated with your account from the Company's servers within 72 hours of your account being closed. You accept that it may not be possible to remove or destroy data associated with your account that is held on tape, or other backup media.

The terms of this Agreement within paragraphs 3, 5, 7, 8, 9 and 10 (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

The client software and all other elements of the Service are provided 'as is', and on an 'as available' basis. Your use of the Service is at your sole risk. The Company and its suppliers disclaim all warranties and conditions, express or implied, arising by law or otherwise, with respect to your account and the Service (including, but not limited to, warranties of merchantability, fitness for purpose and non-infringement). The Company makes no warranty that the Service will meet your needs, that access to your data or account will be available, that data will be transmitted or stored securely, that data stored on the Company's servers or on your own computers will not be lost or damaged, or that defects in the Service will be corrected. You understand that by installing and using the Service and its third party components, you are acting at your own risk and that you will be solely responsible for any damages, loss or other ill-effects to your computer system, software or data as a result of your use of the Service.

In no event shall the Company or its suppliers be liable for any direct, incidental, consequential, special, exemplary or punitive damages (including, but not limited to loss of data, revenue or profits or business interruption) or other pecuniary loss arising from or related to the Service (including its client software component), whether such claim is based on warranty, contract, tort (including negligence) or otherwise.

Without limiting the foregoing, the total liability of the Company and its suppliers arising from or related to this Agreement shall not exceed the amount, if any, paid by you to the Company for the Service. If the Service is provided without charge then the Company and its suppliers shall have no liability to you whatsoever.

This agreement will be governed by and construed in accordance with the laws of the state of New South Wales and of the Commonwealth of Australia. All disputes arising from this Agreement will be subject to the exclusive jurisdiction of the state and federal courts of New South Wales, Australia, except that the Company reserves the right to institute an action in any court of competent jurisdiction as it sees fit.

The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such a right or provision. If a court of competent jurisdiction finds any provision within this Agreement to be unenforceable then the remainder of this Agreement will continue with full force and effect.

This Agreement is binding and supersedes any prior understandings or agreements regarding the Service.

The terms and conditions of this Agreement may be changed by the Company from time to time. Upon any material update the Company will post an updated version of this Agreement online at www.angelbackup.com/TandCs.aspx and will inform you of such a change by email or by a startup screen that appears when you next use the Service. Your continued use of the Service after such notification for at least 7 days will constitute your acceptance of such changed terms and conditions.

Please read this Service License Agreement (hereinafter referred to as the "Agreement") carefully. This Agreement relates to the Angel Backup client software and website (hereinafter collectively referred to as the "Service") from Angel Backup Systems Pty Ltd (hereinafter referred to as the "Company") and includes any subsequent updates made by the Company to the Service. In order to install and use the Service, you must accept the terms and conditions of this Agreement by electronically checking the box marked 'I Accept' within the client software. If you are an individual accepting the Agreement on behalf of a company, you represent and warrant that you have the necessary authority to bind your company to the terms and conditions of this Agreement. It is recommended that you print and retain a copy of this Agreement for future reference. You may find a copy of this Agreement posted online at: www.angelbackup.com/TandCs.aspx.

Subject to the Company's acceptance of your registration and your compliance with the terms and conditions of this Agreement, the Company will provide you with the following Service through its client software and website. The Company will establish an online storage account in your name allowing you to store data from one or more of your computers on the Company's servers using the Company’s client software and website. The Company will provide you with access to your data through the Company's client software and website. In return you agree to pay such subscription fees as are applicable based on the plan pricing and data usage of your account. Such fees will be automatically deducted from your nominated payment method by the Company as and when they become due. The Company reserves the right to seek payment by alternative means should payment by your nominated payment method be declined. The Company makes no warranty with regards to the availability of the Service which may be interrupted due to factors both within and outside of the Company's control.

You are solely responsible for your conduct and for the content of all your data related to the Service. You agree that the Company cannot be held responsible for any loss or damage, financial or otherwise, relating to or arising from your data, your use of the Service, or your violation of these terms and conditions. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. As such, you agree not to use the Service in any way which may constitute an offence within either your jurisdiction or the jurisdiction of the Company. Your use of the Service must not infringe or violate third party rights, including but not limited to copyright infringement. You agree not to distribute or resell the Service, or any part thereof, to any third party.

Unauthorized use of the System is a violation of this Agreement and may result in civil or criminal prosecution.

The Company will not access or use the contents of your files. However, as part of its provision of the Service, you authorize the Company to collect and access certain information relating to your files, but excluding the contents of those files. Such information includes, but is not restricted to, file and directory names, file sizes, creation and modification dates, hashes and file attributes. The Company may also collect and use data relating to your use of the Service including, but not limited to, error logs, service parameters and performance metrics. The Company may collect and use information relating to your computer system and / or internet connection including, but not limited to, your computer name, operating system, and IP Address.

You agree that the Company may make and maintain backups of your data in order to facilitate recovery from any software / hardware failures.

The Company will endeavor to prevent unauthorized access to the contents of files stored as part of your use of the Service. However, the Company will not be held responsible for any breach of confidentiality arising from a failure of this policy. It is your responsibility to maintain the confidentiality of your account password and any encryption key used to secure your data. This responsibility extends to choosing a password and encryption key which cannot be guessed by any third party.

The Company holds no record of any encryption keys used to secure your data. However, the Service is able to verify that any encryption key entered by yourself matches the encryption key originally used to secure your data. You will not be able to access your data should you lose the encryption key for your account.

You consent to the Company collecting and holding certain personal information as supplied during registration for the Service and any subsequent modifications made to such information using the Service or otherwise. This information will be used by the Company as part of its operation of the Service, and may be made available to third parties only in the case where this is necessary as part of the Company’s operation of the Service. The Company will not knowingly make any personal information available to any third party for any other reason without your express permission.

You agree that the Company may contact you by email, post or telephone in relation to your use of the Service.