Cloud Backup (cloudsecure) - Terms & Conditions

Terms & Conditions for Avast CloudCare Software

1. Introduction

These Terms & Conditions (“Terms”) govern the provision of Avast CloudCare software (“Software”) by Stirling IT Ltd (“Reseller”) to end users (“Customer”). By purchasing and using the Software, the Customer agrees to these Terms.

2. Definitions

“Agreement” refers to these Terms & Conditions.
“Reseller” means Stirling IT Ltd.
“Customer” means the entity purchasing the Software for its own use.
“Software” means the Avast CloudCare software and related services provided by the Reseller.

3. Order and Acceptance

Orders for the Software are placed by the Customer and are subject to acceptance by the Reseller.

An order is considered accepted once the Customer agrees to the initial software quote and the software is installed.

4. Fees and Payment

The Customer agrees to pay the fees as specified in the original software proposal.

Fees are due within 21 days of the invoice date unless otherwise specified.

5. License and Use

The Software is licensed, not sold. The Customer is granted a non-exclusive, non-transferable license to use the Software in accordance with these Terms.

The Software may be used solely for the Customer’s internal business purposes.

The Software includes functionalities for Antivirus protection and Remote Access.

6. Software Usage

Antivirus: The Software provides antivirus protection designed to detect and remove viruses, malware, and other security threats. The Customer acknowledges that no antivirus software can guarantee 100% protection against all security threats.

Remote Access: The Software includes a remote access tool allowing authorized users to access and manage devices remotely. The Customer must ensure that remote access is used securely and responsibly.

7. Cancellation and Renewal

The initial term of the Agreement is 12 months from the date of acceptance of the order.

The Agreement will automatically renew for additional 12-month terms unless either party provides written notice of non-renewal at least 30 days before the end of the current term.

The Customer may cancel the order within 30 days of submission if the order has not been fulfilled.

8. Data Protection

Both parties will comply with applicable data protection laws and regulations, including the GDPR.

The Customer is responsible for obtaining necessary consents from end users for the processing of their personal data.

9. Confidentiality

Both parties agree to keep confidential any proprietary information received from the other party.

Confidential information may only be used for the purposes of fulfilling obligations under this Agreement.

10. Warranties and Disclaimers

The Reseller warrants that the Software will perform substantially in accordance with its documentation.
Except as expressly provided, the Software is provided “as is” without any additional warranties.

11. Antivirus Terms and Conditions

The antivirus component of the Software is intended to provide protection against known viruses, malware, and other threats. However, the Customer acknowledges that:

No antivirus software can guarantee complete protection.

The Reseller does not warrant that the Software will detect or remove all possible threats.

The Customer is responsible for maintaining regular backups and implementing additional security measures.

12. Limitation of Liability

The Reseller’s liability for any claim arising under this Agreement is limited to the amount paid by the Customer for the Software in the 12 months preceding the claim.
The Reseller is not liable for any indirect, incidental, or consequential damages.
Liability Waiver: The Reseller is not liable for any damages or losses caused by viruses, malware, or other threats that the Software fails to detect or remove.

13. Termination

Either party may terminate this Agreement if the other party breaches a material term and fails to remedy the breach within 30 days of receiving notice.
Upon termination, the Customer must cease using the Software and destroy all copies in its possession.

14. Governing Law

This Agreement is governed by and construed in accordance with the laws of Scotland.

15. Indemnification

The Customer agrees to indemnify and hold harmless the Reseller against any claims, damages, losses, or expenses arising from the Customer’s use of the Software in violation of these Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

17. Compliance with Laws

Both parties agree to comply with all applicable laws and regulations, including export control laws and regulations.

18. Force Majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, acts of terrorism, strikes, labour disputes, government actions, and internet or telecommunication outages.

19. Intellectual Property

The Reseller has the right to resell the Software, but Avast retains all rights, title, and interest in the Software, including any intellectual property rights.

The Customer agrees not to modify, reverse engineer, or create derivative works based on the Software.