Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the IRIS Backup service (Services) referred to on our website http://www.iris.co.uk/ (our site) to you.  Please read these terms and conditions carefully before ordering any Services from our site.  You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.

1. Information about us

http://www.iris.co.uk/ is a site operated by the IRIS Group of companies (we) with a registered office at Riding Court House, Datchet, Berkshire SL3 9JT which is also our main trading address.

2. Service availability

Our site is only intended for use by people resident in the UK.  We do not accept orders from individuals outside the UK. Whilst we agree to use reasonable endeavours to maintain the Service we give no warranties whatsoever in this regard and your sole remedy in the event that we do not maintain a reasonable service shall be to terminate the provision of the Service.

3. Your status, rights and obligations

By placing an order through our site, you warrant that:

(a)  You are legally capable of entering into binding contracts; and

(b)  You are at least 18 years old;

(c)  You are resident in the UK; and

(d)  You are accessing our site from that country; and

(e)  You will provide accurate and complete registration information (including, but not limited to, your name, postal or e-mail address, phone number, credit or debit card information); and

(f)  You will promptly report any changes in such information to us; and

(g)  You will be responsible for providing and maintaining all computer equipment and software necessary for you to access the Service; and

(h)  You will not resell, remarket, or otherwise redistribute any portion of the Service;

(i)  You will comply with all applicable laws, regulations, or conventions, including, but not limited to, those related to child pornography, gambling or gaming, obscenity, securities, intellectual property rights, data privacy, import/export of data and taxes, or misleading or deceptive conduct.

3.2 To cancel a Contract, you must inform us in writing and this provision does not affect your statutory rights.

3.3 You are responsible for the security of your password. We reserve the absolute right to suspend, terminate, or modify, for any or no reason, any User ID and/password provided to you for use with the Service.

3.4 If you have any queries concerning the Service or your account, you should contact customer care by emailing IRISbackup@iris.co.uk

4. How the contract is formed between you and us

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Service.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service has been activated (the Service Confirmation).  The contract between us (Contract) will only be formed when we send you the Service Confirmation.  Access to the Service will be provided to you, once you have completed the registration process. On registration you will select a Username & Password. Your use of the Service in any manner, which is prohibited by these terms and conditions, may result in termination or suspension of the Service without notice.

4.2 The Contract will relate only to those Services we have confirmed in the Service Confirmation.  We will not be obliged to supply any other Services which may have been part of your order until the supply of such Services has been confirmed in a separate Service Confirmation.

4.3 You must install the software during the registration process in order to obtain the benefit of the Service. There is no licence fee charged for using the software.  You are expressly not permitted to (a)modify, merge or combine the whole or any part of the software with any other software, (b) assign, transfer, lease, rent, charge or otherwise deal with or encumber the software, (c) adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the software. 

4.4 You agree that the Service shall be provided for a minimum period of one year ("the Initial Term") commencing on the date on which you confirm acceptance of the terms and conditions and shall continue thereafter for successive 12 month terms ("Renewal Terms") unless and until you notify us in writing at least thirty (30) days prior to the end of the Initial Term or any of the Renewal Terms.  Alternatively and depending on the Service subscribed to, all sums due will be invoiced to you on a monthly basis and shall renew unless and until you notify us in writing prior to the renewal date.   You can cancel your account without charge within the first 15 days of signing up in accordance with clause 3.2. If you wish to cancel after this time the full annual amount for the Service will still be payable for the Initial Term.

4.5 Refunds will be offered solely at our discretion. Our assesment is irrespective of whether or not you actually use the Service. In addition, we may withdraw the Service or you may require that we cease to provide the Service if:-

(a)  you commit any material breach of the terms and conditions and fail to remedy such breach within thirty (30) days after receipt of written notice from us of the same except in the case of failure to pay in which case the period is reduced to five (5) days;

(b)  you become or are deemed insolvent, cease to trade or has a liquidator, receiver, manager, administrator or administrative receiver or similar office appointed in respect of the whole or part of its business or enters into any arrangement or composition with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumed all of its obligations, or is unable to pay its debts as they fall due within the meaning of Section 123 of the Insolvency Act 1986, or is made bankrupt, or undergoes a similar or analogous event in any jurisdiction.

4.6 We may also withdraw the Service completely and without any liability by providing 30 days notice to you by publishing the notice on our website at http://www.iris.co.uk/.

5. Our status

5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers.  The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly.  You should carefully review their terms and conditions applying to the transaction.

5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that Services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. Price and payment

6.1 The price of any Services will be as quoted on our site from time to time, except in cases of obvious error and are subject to change at any time by notice to you.  These prices normally exclude VAT and will state if this is not the case. 

6.2 Our site contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced.  We will normally verify prices as part of our confirmation procedures.

6.3 We are under no obligation to provide the Service to you at the incorrect price, even after we have sent you a Service Confirmation.

6.4 Payment for all Services must be by credit or debit card.  When paying by credit or debit card, you must provide your card information for initial usage. Ongoing fee payments will be collected automatically from your credit or debit card. All charges you incur for use of the Service will be charged to your account in accordance with the credit or debit card information you provide. If we do not receive payment from the card issuer, you agree to pay us all amounts due upon demand.

6.5 You will be charged in line with the subscription charges applicable for the level of service required. This will be payable annually in advance or monthly in arrears depending on the service subscribed to. All sums due will be invoiced to you on an annual or monthly basis depending on the contract type subscribed to. Our systems will automatically reconcile the storage utilized by you and you will be invoiced and we will collect payments accordingly.  We will notify you if a payment cannot be collected for any reason and that your intervention (to update credit card details on your account) is required. 

6.6 The service will automatically upgrade the level of storage according to your individual requirements. This means that should you use more storage than you have paid for, your account will be upgraded to accommodate this increased storage requirement. Payment for the additional storage requirement will be automatically debited from the credit or debit card provided at the time of registration. These upgrade payments are in accordance with the payment table published at http://www.iris.co.uk/ and are charged pro-rata to the amount of time remaining on the annual contract or in the case of monthly payments will correspond to the monthly charges applicable for the storage used in that month.

6.7 Commercially reasonable actions to validate your credit or debit card details may be taken. If for any reason your credit or debit card cannot be validated or the transaction is prevented from occurring we will endeavours to make you aware of this. If, following these endeavours no effort is made by you to remedy the situation within 30 days we reserve the right to terminate the account without further notice to you.

6.8 Please note that even if your account is shut down you will still be liable for all outstanding payments. In addition, a minimum £25 plus VAT administrative fee will be added to your outstanding invoice.

7. Our liability

7.1 We warrant to you that any Service purchased through our site is of satisfactory quality and reasonably fit for all the purposes for which Services of the kind are commonly supplied. 

7.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Service you purchased from us in any period limited to a maximum of 12 months immediately prior to the break referred to and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

7.3 This does not include or limit in any way our liability: (a)  For death or personal injury caused by our negligence;

(b)  Under section 2(3) of the Consumer Protection Act 1987;

(c)  For fraud or fraudulent misrepresentation; or

(d)  For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable [by you and us], including but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, destruction of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 7.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 7.1 or clause 7.2 or any other claims for direct financial loss that are not excluded by any of categories referred to in this clause 7.4. Where you buy any Service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

7.5 In the event of termination of the Contract, we shall continue to store all of your data, which is in our possession for a period of thirty (30) days from the date of termination. During this thirty (30) day period, you may make arrangements to collect the data. After the expiration of this period, your data will be removed from our servers and destroyed.

8. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

9. Notices

All notices given by you to us must be given to IRIS at Riding Court House, Datchet, Berkshire SL3 9JT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in these terms and conditions.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

10. Transfer of rights and obligations

10.1  The contract between you and us is binding on you and us and on our respective successors and assigns. 

10.2  You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

10.3  We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

11. Events outside our control

11.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

11.2  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)  Strikes, lock-outs or other industrial action.

(b)  Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c)  Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d)  Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e)  Impossibility of the use of public or private telecommunications networks.

(f)  The acts, decrees, legislation, regulations or restrictions of any government.

11.3  Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

12. Waiver

12.1  If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.2  A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.

13. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. Entire agreement

14.1  These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

14.2  We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

14.3  Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

15. Our right to vary these terms and conditions

15.1  We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 

15.2  You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

16. Law and jurisdiction

Contracts for the purchase of Services through our site will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.