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Online and Off-site Backup Service - Subscription Agreement

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					Online and Off-site Backup Service - Subscription Agreement

Online and Off-site Backup Service - Subscription Agreement

ENTERED INTO BETWEEN:

eTime with business partner Procon IT Solutions
(Herein after refer to as the Service Provider)

And

Name: Address:

Phone: E-mail:

…………………………………………… …………………………………………… …………………………………………… …………………………………………… …………………………………………... …………………………………………… ……………………………………………
(Herein after refer to as the Client)

As the Client requests Backups and off-site storage on a regular basis; And as the Service Provider is capable of providing such a service.

NOW THE PARTIES HERETO AGREES AS FOLLOW:

Subscription Agreement

Page 1

Online and Off-site Backup Service - Subscription Agreement Privacy Clauses Privacy Statement: Your privacy is highly valued and we go to great lengths to protect it. We strongly suggest that you review our Privacy Statement on a regular basis. By signing this agreement, you agree to the terms of our Privacy and Confidentiality Policy and to the collection, use or disclosure of your information as indicated in our policy. Our Privacy Policy indicates our commitment to you and to protect your data at all times. Client’s Information. The personal data you provide may be used by the Service Provider to respond to your questions, complete the tasks you requested, or to provide a better service. We may also use the information to let you know about other services offered by the Service Provider and our business partners through special newsletters and bulletins. We do not share any personal information with our business partners or anyone else outside the Service Provider for any reason other than with your express consent. We will not disclose your personal information to third parties without your consent unless required to by law or the courts. We make every reasonable effort to ensure that your personal information is used in accordance with our Privacy Policy. Only the Service Provider staffs who have been fully briefed on our Privacy Policy have access to your information on the storage server. Security. The Service Provider uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by the Service Provider in a secure operating environment that is not available to the public, the Service Provider cannot guarantee complete security. Your Password should never be shared with anyone unless you intend to do collaborative work with others who need read/write access to your files. When we receive certain types of sensitive information such as financial information, we redirect visitors to the secure portion of our site using industry standard SSL.

Subscription Agreement

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Online and Off-site Backup Service - Subscription Agreement Confidentiality clauses. Confidentiality Statement: The Service Provider acknowledges and agrees that in the course of dealings with The Client, it may acquire information about The Client, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature. The Service Provider agrees that title to all such information and related materials shall remain with the Client. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Client. All other aspects of the information and related material, including without limitation, technologies, procedures, programs, methods of processing, all source code, conversions, enhancements, databases, templates, specific design and structure of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of the Client and shall not in any way be sold, revealed, disclosed or otherwise communicated, directly or indirectly, by the Service Provider to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or ownership of such information or any part thereof is hereby transferred to Service Provider. All Client lists and/or other information concerning the Client are the sole and exclusive property of the Client. The Service Provider shall not for any reason whatsoever, directly or indirectly, solicit the trade business of any of the Clients or prospective Clients of the Client with respect to any of the services, products, trade secrets or other matters of the Client. In addition to maintaining confidentiality of all matters as imposed herein above, the Service Provider agrees to keep in the strictest of confidence any information acquired by the Service Provider during the course of its dealings with the Client about any of the Clients' clients, including but not limited to contents of related databases. Nothing contained herein shall be construed to place the parties (the Client and the Service Provider) in a relationship of partners, agents or joint ventures. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever and shall have no power to obligate or bind the other party in any manner whatsoever. If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Service Level Agreement. The balance of the Service Level Agreement shall continue in full force and effect. Each party (The Client and The Service Provider) to this Subscription Agreement represents that it has all necessary rights and authority to enter into the terms of the agreement and is in compliance with all provincial and local laws governing this transaction.

Subscription Agreement

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Online and Off-site Backup Service - Subscription Agreement The Service Provider is not responsible for files and data residing on the Clients account and storage space. The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on the Clients allocated server space. Backups performed by any tape or other back-up system is in place primarily as a disaster recovery system in case of a server crash or some similar catastrophe and should not be relied upon as the Clients only source of backup protection. As The Service Provider provides a backup facility for the Client's expense, The Client agrees that such backup is for rescue purposes only and that The Service Provider makes no warranties whatsoever regarding such backup and that the client agrees to pay a monthly fee to The Service Provider for such backup purely as an added service. The Service Provider is not responsible for any damages the Client's business may suffer. The Service Provider makes no warranties of any kind, expressed or implied for services provided. The Service Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Service Provider and its employees, agents or service providers. The backup service will be driven on a “Best effort basis” with fault redundancy build into the service abounding by the Service Provider. Legal Requirements The Service Provider does not disclose Personal Data, including the data you back up with the Service, unless disclosure is necessary to comply with an enforceable government request such as a court order.

SIGNED at__________________on this the ____ day of

2009.

AS WITNESSES: 1. Client AS WITNESSES: 1. Service Provider

Subscription Agreement

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Description: Online and Off-site Backup Service - Subscription Agreement