Terms & Conditions

By using the Phonebackup.ie service, you must comply with these terms.

Phonebackup.ie makes every reasonable effort to keep your personal information and contacts safe, and secure. Below is a summary of the terms and conditions for using the Phonebackup.ie services.

Please review them carefully before accepting this agreement.

Phonebackup.ie is a trading name of Simchronise Limited, which is a company registered in the Republic of Ireland.

1. Introduction

Phonebackup.ie will provide its mobile phone contacts synchronisation and management services to you. Access and use of the www.Phonebackup.ie website ("Website") is subject to the following terms and conditions of use ("Terms of Use"). By access to the website, you confirm that you have read and understood the Terms of Use and signify your acceptance of the same.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PROCEED WITH THE REGISTRATION PROCESS.

Any individual or the organisation ("the subscriber"), by registering, must enter a Phonebackup.ie account, User Name and Password and supply a valid email address ("Account"). You are then granted access to the applications and services, supplied by Phonebackup.ie as stated in these Terms of Use.

Any services provided to the Subscriber are subject to these Terms of Use. These may be amended without prior notice and at any time. By completing the registration process, the Subscriber agrees:

(a) to, without limitation or qualification, fully comply with these terms and any amendments or additions;
(b) to ensure that the registration information provided, is correct and pertains to the subscriber only.
(c) to, on a regular basis, review these terms to ensure they are advised of any amendments or additions and adhere to them. Valid email addresses should be accessed frequently, to review possible updates, news or changes sent to subscribers from Phonebackup.ie.
(d) to comply with the terms as specified in section 3.

2. Description and use of Services

This Agreement covers the Phonebackup.ie services and software provided to individual end users as described in this agreement (individually, the "Service" and collectively, the "Services"). The Services will provide a subscription-based service that incorporates access to its wireless synchronisation services and Internet based personal information for mobile devices, including mobile phones. Upon completion of Registration and acceptance of these terms, including selection of a User Name and Password, you will be deem to have opened an account ("Account") with Phonebackup.ie and become a Subscriber to the Service. The Services provided, any features including Subscriber's access may, at any time be terminated by Phonebackup.ie as set forth in Sections 4 and 7. Any amendments to the provided Services will also be subject to these terms. Phonebackup.ie will use reasonable endeavors to ensure the Service is available without temporary interruption, excluding scheduled maintenance downtime. Phonebackup.ie accepts no responsibility for loss or damage resulting from any interruption or suspension of services for any reason. The Subscriber is solely responsible for providing all equipment, devices and services necessary for accessing the World Wide Web including computers, modems and telecommunications equipment.

2.1 Data security and storage

As a matter of policy, Phonebackup.ie regularly backs up, to a separate location, all Account information and data stored within subscriber Accounts. Subject to the limitations set forth in Sections 4 and 7, if a Subscriber requires data to be restored he or she must:

(a) formally make a request via email to support@Phonebackup.ie
(b) ensure that all payments pertaining to up the subscriber's account are up to date.

Upon the fulfillment set forth in Section 2.1 (a) and/or (b), Phonebackup.ie will make reasonable endeavors to restore Account Information however, Phonebackup.ie will have no liability for any failure to back up or restore account information, set forth in section 8. This Web site could include errors, inaccuracies, or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the Website. Phonebackup.ie may make improvements and/or changes in the product(s) and/or the service(s) described in this Web site at any time. This Web site contains general information not specific advice. Any person undertaking viewing or using the information in this Web site should not rely on it and views or uses such information at its own risk. References to corporations, their services and products, and organisations are provided "as is" without warranty of any kind, whether expressed or implied.

3. Registration requirements

New subscribers are required to complete the Account registration process. The information provided in the Account registration process must be accurate ("Registration Information"). This Information must always be accurate and up to date. Any individual who completes the Account registration shall be deemed the "Administrator" and shall ascertain the levels of security for the Account. By registering and accepting these Terms, the initial administrator and or subscriber hereby assure Phonebackup.ie that: -

(a) they are 18 years of age or over;
(b) they are resident in Ireland.
(c) the Subscriber accepts and agrees to be bound by these Terms.

Consequent notices sent from Phonebackup.ie will be sent to the email address provided during the registration process

4. Account access and Security

Subscribers will be required, during registration, to elect a personal User Name and a Password. Whilst Phonebackup.ie will use all endeavors to allocate to the Subscriber the elected User Name and Password, previously allocated User Name and Passwords will not be available to a new subscriber. Phonebackup.ie is entitled to act on instructions received under your User Name and Password. The Subscriber and/or Administrator are responsible for maintaining the confidentiality of their User Name and Password. The Subscriber and/or Administrator shall remain solely responsible for all activity on the Account. The Subscriber and/or Administrator may grant a third party access to the account but assumes all risks associated with doing so. Phonebackup.ie retains the right to refuse or terminate use of a User Name or Password, if it has been previously assigned to another Subscriber, or in the event of the following:-

(a) The User Name or Password is offensive; or
(b) The Subscriber knowingly selects or is using a User Name or Password of another subscriber with the intent to impersonate that subscriber; or
(c) The User Name or Password, may be confused with, breach, interlope, exploit, or capitalize on, registered trademark, service mark or trade name or other rights of any party.

If refusal or terminating the use of a User Name or Password is due to a contravention of Section 4, Phonebackup.ie may, at its discretion and without notice;

(a) select a replacement User Name and Password,
(b) request the subscriber to choose an alternative and admissible User Name or Password,
(c) terminate the account under the provisions in Section 7.

All data transmitted through the Services provided and all additional use and activities affiliated with the Account, User Name, Password and Account Information remains the sole responsibility of the subscriber and/or the Administrator.

The Subscriber will promptly inform Phonebackup.ie of any activities; known or suspected that contravenes or breaches the security of an account. These include unauthorised use or activity. Phonebackup.ie will not be liable for any neglect or nonfeasance by the Subscriber to adhere to Section 4 or any other provision of these Terms.

5. Pricing

The Phonebackup.ie service is provided on an annual subscription basis. All fees charged by Phonebackup.ie are payable in advance and are inclusive of VAT.

6. Support

Phonebackup.ie will make all reasonable endeavors to ensure that the service provided is of the highest quality and that access to the website and its services are available as often as possible. Phonebackup.ie will use all reasonable endeavors to avoid any interruption to the Service. However, the Subscriber acknowledges and agrees that access to the Services, may from time to time be unavailable for any reason, including without limitation, interruption to network connectivity, network and server outages, and/or backup and maintenance by Phonebackup.ie and its server operators. All materials published by Phonebackup.ie remain the property of Phonebackup.ie or its partners and suppliers.

7. Termination

At any time and without prior notice, Phonebackup.ie, at its discretion may terminate, suspend or discontinue any or all parts of the provided Services. Including, any or all Account Information and any part or all of the Account at any time, if;

(a) Phonebackup.ie obtains evidence or reasonably believes that the Subscriber has committed a transgression or is threatening to contravene any services under these Terms provided by Phonebackup.ie, or any assigned or authorised Third Party;
(b) Phonebackup.ie obtains evidence or reasonably believes that, without authorisation, the Subscriber or administrator has breached or has attempted to obtain access to any part of the content or Services provided, or the Account details or Personal Information of any other Phonebackup.ie subscriber; Phonebackup.ie will fully investigate the authenticity of any grievance or claim that an account has been subjected to any spurious, illicit or abusive activity, which contravenes these terms. Phonebackup.ie reserves the right to examine any or all data or information contained within an account. Phonebackup.ie will not make available, to any third party, any data or information that will arise as a consequence of its investigations, unless required to do so by law. If Phonebackup.ie reasonably believes that a Subscriber or administrator has committed a transgression or contravened any laws or the provisions of Section 7, Phonebackup.ie may, without any notice refer the subscriber to the appropriate legal authorities. Any Subscriber or administrator subject to a Termination as described in Section 7, sub-sections (b) or (c), will be ineligible for re-registration. Upon Termination, the Subscriber's account information, including all copies previously backed up may be permanently deleted.

If an account is cancelled within 7 days of activation, a full refund can be issued on request.

8. Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its respective obligations under this Agreement if such delay or default is caused by conditions beyond its control, including, but not limited to, acts of God, catastrophes, government restrictions, wars, insurrections, strikes, fires, floods or work stoppage; PROVIDED HOWEVER that if such delay or default shall exceed three (3) months and the delay or default continues, either party may terminate this Agreement immediately.

9. Account limitations and Content

Storage capacity for the Phonebackup.ie standard service is currently 50 MB The subscriber recognises that Phonebackup.ie may implement general practices, procedures and limitations concerning use of the Services. Phonebackup.ie shall have no obligation to store data in excess of 50MB or such lesser amount of data storage leased under this Agreement. Phonebackup.ie will use reasonable endeavors to store the data provided by subscribers under this Agreement, Phonebackup.ie ASSUMES NO RESPONSIBILITY FOR LOSS OR DAMAGE TO ANY DATA. Phonebackup.ie shall not be liable for damages resulting from the loss of any phone book contacts, due to WAP, GPRS and or 3G-gateway access failure. We do not guarantee the receipt or delivery of any SMS messages. The Subscriber is responsible for all settings, data stored, restored, transmitted or received in their Account. Subscribers are responsible for managing back-ups and restores of all data stored on any compliant devices. The Subscriber also concedes that any Password protected security systems is subject to unauthorised access. Fully understanding that there is a risk of unauthorised parties obtaining access, viewing, copying, modifying and distributing any data stored in the Account.

The Subscriber is solely responsible for the data and files in the Account and for ensuring;
(a) the content is not abusive,
(b) the use of the Service is not fraudulent, illegal or for an illegal purpose,
(c) the content does not contravene the intellectual property of others,
(d) the content does not include any viruses, worms or similar contaminating or destructive aspects,
(e) the account is not for spamming or other use that may disrupt the Service or networks through which the Service is accessed.

The Subscriber further agrees not to access or attempt to access any Service account for which you have no access authorisation or gain-unauthorised access to any of the servers or systems controlled by Phonebackup.ie.

10. Privacy

Respecting the privacy of our Subscribers and Users and ensuring the confidentiality of customer information is critical to Phonebackup.ie. Please read our Privacy Policy which forms part of these Terms.

11. The Subscribers Responsibilities

The Subscriber is responsible for monitoring the contents, use of and access to the Account and all Information, and use of and access thereto by Users who are minors. All information stored, privately transmitted or publicly posted, the confidentiality and privacy through the Services and all uses of the Services and the Account by are the sole responsibility of the Subscriber The Subscriber also agrees that she/he will only use the Services and the Account in accordance with these Terms, and will not:

(a) conduct port scans, attempting to gain unauthorized access of other computers, intentionally transmitting viruses and other malicious code or sending large quantities of unsolicited emails,
(b) Upload, store, post, or transmit hateful, indecent, objectionable or illegal content.
(c) link to, email or otherwise transmit, disseminate, distribute or publish any Personal Account Information,
(d) A transmission, distribution, publication or dissemination of which) infringes any patent, trademark, trade secret, © Copyright, or other rights or proprietary rights of any party, violates any contractual or fiduciary relationships (such as inside, proprietary or confidential information); or
(e) Provide inaccurate or incomplete, registration information. This includes, false email addresses, impersonation or creating false identities, passing off or manipulating data to deceive or to disguise the source of any information stored on the Account or transmitted through the Services,
(f) Modify the use of, post, transmit, sell, publish, reproduce, create new or derivative works from, Licence, distribute, perform, exploit or copy any portion of the Services, Account Name, or any Content, or any products or services.
(g) Contravene any applicable law or regulation,

12. Notices

Service of all notices shall be at our registered office, which is at Simchronise Ltd., Charter House, 5 Pembroke Row, Dublin 2, Ireland and sent by recorded delivery.

13. Claims

Any claims must be notified to us in writing to arrive within 28 days of your having sufficient information to know that a claim might arise.

14. Indemnification

You agree to fully indemnify, defend and hold harmless Phonebackup.ie, its Associated Companies, its directors, employees, agents, licensors, representatives and third party providers from and against all loss and damages including reasonable legal fees, resulting from any breach of these Terms and Conditions of Use by you. Phonebackup.ie reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by you, in which event you agree to fully co-operate with Phonebackup.ie in defending any action or potential action.

15. Proprietary Rights

All website design, text, graphics, the selection and arrangement thereof, and all software remains the property of Phonebackup.ie. Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, video, or other materials that are part of this Website (collectively, the "Content") are protected by © Copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by Phonebackup.ie or by third parties (the "Third Party Providers") who have provided materials to Phonebackup.ie, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. The Content may not be redistributed to any minor, to any person who may find the Content personally offensive, or to any person who resides in any community or country where such material is specifically prohibited by law. Any unauthorised use of any Content contained on this Website may contravene © Copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Phonebackup.ie has not independently authenticated any additional content provided by Third Party Providers in whole or in part. Phonebackup.ie does not provide, sell, license, or lease any of the Content other than those specifically identified as being.

16. Warranties and Disclaimers

THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Phonebackup.ie further does not warrant the accuracy or completeness of the information, text, graphics, links, servers, storage mediums or other items contained within this Web site. In no event shall Phonebackup.ie be liable, whether in contract, tort (including but not limited to negligence or breach of statutory duty), for misrepresentation or otherwise howsoever for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, revenues or profits, whether or not Phonebackup.ie have been advised of the possibility of damage and on any theory of liability, arising out of or in connection with the use or performance of this Web site. The information included on this Web site is subject to change without notice and does not represent a commitment on the part of Phonebackup.ie in the future. Phonebackup.ie assumes no responsibility for errors or omissions in this Web site or other documents which are referenced by or linked to this Web site. Subscribers assume complete responsibility and risk for its use of the Materials. All information presented on this Web site is believed to be correct only at the date of original publication and no warranty is given as to its continued accuracy. There is no obligation attached to Phonebackup.ie to update the information should the company become aware that the information is not correct. Certain hypertext links in this site may lead to web sites, which are not under the control of Phonebackup.ie. When you activate any of these you will leave the Phonebackup.ie website and Phonebackup.ie has no control over and will accept no responsibility or liability in respect of the material which follows.

17. Anti-Spam Policy

Phonebackup.ie operates a strict anti-Spam policy, which is rigorously enforced. We do not tolerate unsolicited advertising messages, whether sent to other site owners, our site visitors, or ourselves by whatever means. Subscribers or administrators may not use the Phonebackup.ie, it's trademarks, servers, Services or content, to transmit, distribute or publish any unsolicited advertising including, promotional materials, surveys, UBE (Spam), or any other form of solicitation or unsolicited messages and may not use subscriber Accounts as return addresses on any unsolicited communication. Phonebackup.ie will fully support our subscribers who help us enforce this policy. If you wish to report a contravention, contact us at support@Phonebackup.ie Phonebackup.ie will, where required, fully collaborate with all legal authorities in releasing information about ANY Subscribers and/or administrators who flout this Anti-Spam Policy.

18. No Partnership

Nothing in these terms shall be construed to create a joint venture, partnership or agency relationship between the subscriber and Phonebackup.ie and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

19. Jurisdictions and Law

These Terms of use between the subscriber and Phonebackup.ie are governed by and construed in accordance with the laws of Ireland having jurisdiction subject to any contrary rights you may have if you are a consumer.

Trademarks on this website are owned by Phonebackup.ie and/or by their respective owners.