Online Backup Form

Chemist POS Direct Obligations

1. Chemist POS Direct will monitor the Customer’s backups to ensure that they are operating effectively and up to date.
2. Chemist POS Direct will contact the Customer within 2 business days if their backups have failed.
3. Chemist POS Direct will email a daily summary report to the Customer outlining details of their backups.
4. Chemist POS Direct will advise the Customer of any systematic or technical issues which may contribute to the backups not working properly.

Customer Obligations

1. The software provided under this agreement are provided for use with your business only. You may not copy, install or distribute the software to any third party without the prior written approval of Chemist POS Direct.
2. The Customer will ensure their computer and internet meets the requirements to provide a reliable service.
3. The Customer will alert Chemist POS Direct to any potential issues which may affect their backups from operating effectively.
4. The Customer will allow access to a computer required by Chemist POS Direct to configure, support and repair their backups.
5. The Customer will pay the Total Quarterly or Monthly Payment as outlined in the details above, or risk having their service disabled until full payment is made.

Terms and Conditions

1. We reserve the right to cancel orders arising from pricing or other errors.
2. Chemist POS Direct will not at any time make Customer information or records available to any other party.
3. Chemist POS Direct requires management and administrative access to the computer to be backed up.
4. Either party may terminate this Agreement immediately by notice in writing.
5. If the Customer cancels the contract, a pro rata credit will be paid. If Chemist POS Direct cancels the service, any monies paid by the customer be credited.
6. All software provided by CPD Online Backup is on an "as is" basis with no warranties of any kind, and CPD Online Backup will not be liable for any damages of any kind arising from the use. CPD Online Backup further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
7. CPD Online Backup grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by CPD Online Backup for personal use only. Redistribution of programs owned by CPD Online Backup, unless explicitly granted by CPD Online Backup, is strictly prohibited.
8. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of CPD Online Backup or its content suppliers and is protected by international copyright laws. All program used on this site is the property of CPD Online Backup or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless it is explicitly permitted, is prohibited by law.
9. CPD Online Backup may send notices to you via either email or regular mail. CPD Online Backup may also provide notices of changes to the terms or other matters by displaying notices or links to notices to you generally on the services provided by CPD Online Backup.
10. While it is not CPD Online Backup's intent to monitor your online communications, CPD Online Backup reserves the right to edit or remove content that we become aware of and determine to be harmful or offensive to the public. Termination or suspension of your account may be resulted as a consequence of the violation of this rule.
11. The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect as a spamming tool, or other than it is intended, is prohibited.
12. "CPD Online Backup" reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
13. You are expected not to use the services provided by CPD Online Backup for any unlawful activities not otherwise covered above, including, but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when CPD Online Backup is aware of these activities.
14. CPD Online Backup shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if CPD Online Backup or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
15. CPD Online Backup shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key.

By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
Or We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day.
If you are unsure about which day your account has or will be debited you should ask your financial institution.

Amendments by us
We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.

Amendments by you
You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least 7 days notification by options below:
• email us on accounts@posdirect.com.au
• Call us on 1300 767 303 during business hours;
• Arrange it through your financial institution, which is required to act promptly on your instructions.

If you terminate your contract, you must see out the remainder of the billing period.

Your obligations
It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
If there are insufficient clear funds in your account to meet a debit payment:
• you may be charged a fee and/or interest by your financial institution.
• you may also incur fees or charges imposed or incurred by us; and
• you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

You should check your account statement to verify that the amounts debited from your account are correct.

Dispute
If you believe that there has been an error in debiting your account, you should notify us directly on 1300 767 303 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.
If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

Accounts
You should check:
• With your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
• Your account details which you have provided to us are correct by checking them against a recent account statement; and
• With your financial institution before completing the Direct Debit

Confidentiality
We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
We will only disclose information that we have about you:
• to the extent specifically required by law; or
• for the purposes of this agreement (including disclosing information in connection with any query or claim).

Notice
If you wish to notify us in writing about anything relating to this agreement, you should write to
• email us on accounts@posdirect.com.au
• Call us on 1300 767 303 during business hours.
• Arrange it through your financial institution, which is required to act promptly on your instructions.

We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request. Any notice will be deemed to have been received on the third banking day after posting.