CLIENT agrees to pay a basic visit fee of $15 for travelling expenses (round trip) plus a minimum 1 hour charge of $115.00 for KEYNETIK LLC to come to the CLIENT’s location to make the service call/ $115 an hour for remote control. In addition, for service performed in a residential setting, CLIENT agrees to pay a service charge of $10.00 per quarter hour for time spent by Keynetik LLC at CLIENT’s site after the first hour. For service performed in a commercial setting, CLIENT agrees to pay mileage at $0.70 per mile round trip plus a service charge of $115.00 per hour with a minimum 1-hour service charge, and thereafter billed in half-hour increments of $35.00 each. The $115.00 basic visit fee (plus mileage) is not credited towards your service charge and is due regardless of the outcome of service. The minimum charge for In-Home Service is $115.00 (plus mileage) (basic visit fee). The minimum charge for In-Office Service is $115.00 (plus mileage) (basic visit fee). KEYNETIK LLC reserves the right to refuse service as well as to change fees and rates at any time without notice. KEYNETIK LLC will provide an invoice to all clients at the time of service. Residential CLIENT agrees to pay KEYNETIK LLC for all charges at the time of service. Commercial client payment is due 10 days net. Delinquent commercial accounts will be charged a 20% late penalty.
Payments accepted in cash, money order, credit cards or check only.
Release of Liability:
CLIENT agrees to release and hold harmless KEYNETIK LLC from any and all liability associated with the performance of service or the provision of parts, and acknowledges also that KEYNETIK LLC offers no explicit or implied warranty or guarantee on services performed or parts provided, other than the manufacturer’s warranty. Further:
1. CLIENT acknowledges that due to the nature of the services being performed, there is potential risk of
damage or loss including, but not limited to, damage to CLIENT’s home, office, computer hardware, cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.
2. CLIENT agrees to release and hold harmless KEYNETIK LLC from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of KEYNETIK LLC, its agents or service representatives.
3. CLIENT grants KEYNETIK LLC, its agents and service representatives, access and
Permission to physically disassemble any and all computer systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories.
4. CLIENT grants KEYNETIK LLC, its agents and service representatives, access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate CLIENT’s computer software, applications, data, and data storage media including, but not limited to, the computer Operating System, word processing, spreadsheets, databases, workflow, graphics, audio, video, system
drivers and libraries, and any other type of software or data that may be contained on CLIENT’s computer system or network.
5. CLIENT grants KEYNETIK LLC, its agents and service representatives, permission to physically access CLIENT’s home or office property where CLIENT’s computer system and/or network resides.
6. CLIENT grants KEYNETIK LLC, its agents and service representatives, permission to perform modification to CLIENT’s home or office property for the purpose of installing or troubleshooting computer and/or networking hardware, cabling, hubs, routers, switches or peripherals. Modification may include such practices as drilling through or disassembling furniture, walls, floors, carpet or trim, laying and removing cabling and devices including affixing cabling and devices to furniture, walls, floors, or trim, using nails, screws, staples, hangers, or plastic ties.
7. CLIENT grants KEYNETIK LLC, its agents and service representatives, permission to download and/or install software on CLIENT’s computer and/or network, including but not limited to, virus scanners, diagnosis and repair utilities, drivers, libraries, and software requested to be installed by CLIENT.
8. CLIENT grants KEYNETIK LLC, its agents and service representatives, permission to install hardware in CLIENT’s computer and/or network, including but not limited to, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices,
audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware requested to be installed by CLIENT.
9. CLIENT agrees to pay the amounts described in the other side of this page – no later then 14 days after signing this agreement.
10. KEYNETIK LLC strongly recommends that CLIENT safeguard critical data by backing up said data prior to any services performed by KEYNETIK LLC. Unless specifically requested and provided as a paid service by KEYNETIK LLC, CLIENT is responsible for any backup, archiving, or protective storage as well as restoration if required, of CLIENT’s data.
KEYNETIK LLC is a provider of billable on-site services and does not offer or provide telephone technical support. Neither the signing of this agreement nor the performance of services by KEYNETIK LLC implies availability of telephone technical support. This document constitutes the entire agreement between CLIENT and KEYNETIK LLC. No other agreement, whether verbal or written shall be in effect except if agreed to and authorized in writing. By using our severs, CLIENT indicates that he/she has read and understands, and agrees to the terms of this Payment Terms and Release of Liability form, which is kept on file at the offices of KEYNETIK LLC.
This agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Keynetik (“Keynetik LLC”). This Agreement governs your use of the Keynetik Safe Backup Client software distributed with this Agreement, including any updates that may be provided to you and any accompanying written documentation (the “Software”) and the Keynetikbackup service (“Service”).
You acknowledge and agree that Keynetik Safe may occasionally send you administrative communications regarding your account or the Service via email.
ACCOUNTS, PASSWORDS, AND SECURITY
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not be able to access your data.
ACCEPTABLE USE AND CONDUCT
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Keynetik and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software or service, including but not limited to selling or distributing the Software and/or Service to any third party.
Any unauthorized use of any Keynetik computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
CONSENT TO COLLECT NON-PERSONAL INFORMATION; USE OF DATA
The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Keynetik and may be used by Keynetik without restriction.
When you back up data via the Service, you agree that we and our service providers may copy and store such data as part of the Service.
CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
Keynetik reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.
Keynetik will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on Keynetik.net website. However, in no event will Keynetik be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.
Keynetik reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the Keynetik.net website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.
USE OF SOFTWARE / WEB SOFTWARE / WEBSITE
Subject to the terms and conditions of this Agreement, Keynetik grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute one (1) copy of the Software (in executable code form only) only on a single computer and only for the purpose of accessing and using the Service. Certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code.
The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Keynetik and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Software or Service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service, (4) extract portions of the Software’s files for use in other applications, or (5) remove, obscure, or alter Keynetik / Keynetik Fusion or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service.
Keynetik LLC puts the power of multiple servers to work for you. With elastic scalability, 99.9% uptime and no need for site migration during growth spurts, Keynetik is always at the ready.
You acknowledge that Keynetik or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by Keynetik LLC.
If you have comments on the Software or Service or ideas on how to improve them, please visit http://keynetik.net Please note that by doing so, you also grant Keynetik a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Software or Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
TERM AND TERMINATION
This Agreement is effective upon signing up for the Keynetik services and remains in effect until the users’ account is terminated.
You may terminate this Agreement at any time by destroying the Software and closing your account by following the instructions on the Keynetik LLC website.
Terminating a website agreement will cause the online version to be removed with no refunds to the client.
This Agreement automatically terminates if you fail to comply with its terms and conditions. Keynetik LLC reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
If this Agreement terminates, other than for your failure to comply, Keynetik will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days. Keynetik has no obligation to provide you with a copy of your Data and may remove and discard any Data.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Keynetik AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Keynetik, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Keynetik HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF Keynetik, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO Keynetik FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN Keynetik AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
You acknowledge and agree that the Software which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use the Software or Service.
This agreement will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
The failure of Keynetik to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts serving Salt Lake County, Utah, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Keynetik from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Keynetik . Keynetik may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.