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Widomaker Remote Backup Terms and Conditions Addendum

Terms and Conditions

Last updated: July 13, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device to facilitate the transfer of Customer Data to the Backup Service, named Widomaker Remote Backup

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: Virginia, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Widomaker, 11860 Fishing Point Drive, Newport News, VA 23606.

  • Customer Data means any Customer files that reside on Customer Devices which will be transferred to the Backup Service.

  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

  • Service (also referred as "Backup Service") refers to the software, servers, and methods, provided by the Company, that provide You with a system for the backup, storage, and recovery of computer files.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • You (also referred as "Customer" or "Subscriber") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By signing up, accessing, or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

You represent that you are located in the Country. We do not intend offer the Service to customers outside the Country.

Subscriptions

Subscription period

The Service is available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal by contacting the Company (such as by email or telephone). You must notify Us of any cancellations, otherwise your account will continue and You will be responsible for the cost of maintaining your account. You will not receive a refund for the fees You already paid for Your current Subscription period.

The Company is not responsible for retaining any Customer Data on and past the termination/cancellation date. Customer Data may be deleted and unrecoverable on the Service termination/cancellation date.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, email address, and a valid payment method.

If You have a credit card on file, it must be up-to-date at all times. If the card expires and the up-to-date credit card information is not provided to us immediately, Your account may be suspended until up-to-date credit card information is provided. Also if the credit card is declined three times in the same 30 day billing period, Your account may be suspended. Call Our office to provide credit card information. Never send credit card information via e-mail.

Should automatic billing fail to occur for any reason, the Company will issue an electronic account statement indicating that You must proceed manually, with the full payment corresponding to the billing period as indicated on the account statement.

In the event of billing errors, please contact Our accounting department immediately at (757) 253-7621, or via email to "acctbilling@widomaker.com". Never give credit card information via email.

All past due accounts are subject to suspension of service without notice. Accounts 7 days past due are subject to termination/cancellation of service without notice. Past due accounts may accrue a monthly charge based on the past due balance.

The Company is not responsible for retaining any Customer Data on and past the termination/cancellation date. Customer Data may be deleted and unrecoverable on the Service termination/cancellation date.

You must pay a thirty-five dollar ($35.00) service charge on all returned checks, disputed credit cards, and credit card charge-backs.

Fee Changes

We can change the prices, fees, and terms of payment at any time, except that our existing customers will receive one month notice of any changes. All changes will be announced in the login bulletins, via electronic mail, or our web page. You are responsible for checking your electronic mail and the website bulletins periodically to keep up with such announcements; If You would like to make changes to Your account based on prices or fees, You will need to contact Us. We disclaim responsibility for any consequence of any changes that We make that have been duly announced via electronic mail, login bulletins, or via Our web page.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. Any refunds due will be processed within 8 to 10 weeks.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to cancel Your Account, You must notify Us and discontinue using the Service.

Limitation of Liability

You shall accept responsibility for your own acts, and shall accept that acts by another user, either on this system or on a connected network, that damages You must not be blamed on the Company, but on the other user.

You agree that network and service outages can, and do, occur and that the Company and its operators will not be held responsible for any loss due to such outages, regardless of reason or fault.

You agree to defend and indemnify Us and hold Us harmless from and against any claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by You or materials or information transmitted or received by You in connection with Our system, leading wholly or partially to claims against Us or Our system by other users or third parties.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of our own state, Virginia USA, will apply to all matters relating to this Terms and to Our Service. In addition, You agree and consent that if You ever take legal action against Us, the courts of Our own state, Virginia USA, will have exclusive jurisdiction over any such legal actions. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By mail: Widomaker, 11860 Fishing Point Drive, Newport News, VA 23606