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Terms & Conditions

  1. Your use of any Tebuco, Inc. service implies your agreement to the following Terms and Conditions and Liability Limitations, dated 2007-10-01, unless agreed otherwise in writing.

  2. Tebuco, Inc., a Massachusetts corporation, will perform the services as proposed in a reasonable manner, and for the budget and schedule estimates proposed in writing. Tebuco, Inc. will endeavor to perform services to exceed the client's expectations, but services are provided without warranty of any kind. The total liability of Tebuco, Inc. for any reason is limited to the return of the most recently paid fees already paid by client for the project under this agreement.
  3. Disputes will be arbitrated in Massachusetts.
  4. Tebuco, Inc. normal business hours are 9:00 a.m. to 5:00 pm Monday through Friday except U.S. and Massachusetts holidays.
  5. A 30% retainer is required to begin a project. Hourly work during Tebuco, Inc. normal business hours is billed at $150 per hour in quarter-hour increments with a quarter-hour minimum. Invoices for Tebuco, Inc. work performed will be submitted to the client on approximately a weekly basis. Invoices are payable 5 business days after receipt. Late-payment fees of 1% per month will be invoiced.
  6. Please make checks payable to "Tebuco, Inc.", and mailed to Tebuco, Inc., PO Box 1223, Newburyport, Massachusetts 01950-8223. The US IRS Employer Identification Number number for Tebuco, Inc. is 80-0114483.
  7. Any intellectual property, including software, scripts, and databases, developed by Tebuco, Inc. during the course of a project, belongs to Tebuco, Inc. and may not be distributed without written permission.
  8. Tebuco, Inc. performs services solely as an independent contractor.
  9. Tebuco, Inc. will treat client information confidentially.
  10. You authorize Tebuco, Inc. staff to click agree to software installation licenses as if you agreed to them yourself.
  11. The GigaLock Backup Service (the Service) is not a hot live backup. It is comparable to, but can be much better than, a tape backup system. It does take some time to restore your data from our servers.
  12. You will keep your security keys that we give you in a safe place; without them, you have no backup, and with them, someone else can retrieve your data.
  13. You will test your backed up files on a schedule that suits you. To do so, you must restore your important files and confirm that the restored files are acceptable to you.
  14. We utilize the bandwidth and storage services of a major online storage vendor, with a redundant network of servers. The performance of that vendor is beyond our control.
  15. Backups and restores depend upon a good connection between your computers and ours, including both of our networks and the Internet. Similarly for your and our computer and server hardware and software. These systems and services are sometimes out of both of our control. We cannot guarantee that important versions of your important files will be backed up or restorable at all times. Due to computer limitations, files larger than 1 GigaByte may not be successfully backed up on some computers. Test your backups frequently.
  16. The Service is not designed for use in an environment in which human health or life is potentially at risk. Please do not use this service for dangerous, hazardous or toxic materials or environments, such as, but not limited to, systems for transportation, medical, aerospace, nuclear, mining, emergency response, military, pollution, environmental, physical security, or undersea use.
  17. The GigaLock backup service stores some or many old and deleted versions of files on our servers. Unless we agree in writing separately, typically with additional storage-quota fees due to GigaLock, we reserve to right to permanently delete the old and deleted versions of your files above your purchased quota at any time without notice.
  18. The GigaLock Privacy Statement applies, as amended periodically.
  19. The total liability of Tebuco, Inc., and it's officers, employees, and contractors, is limited to a return of the most recent month's fees already paid to Tebuco, Inc. Disputes will be arbitrated in The Commonwealth of Massachusetts, USA. Tebuco, Inc., is not responsible for files on which the Client has not performed a test restore. The information, software, products, and services of Tebuco, Inc., may include inaccuracies or typographical errors. Changes are periodically made to Tebuco, Inc. documentation. Tebuco, Inc. makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Tebuco, Inc. Services and website. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Tebuco, Inc., hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Tebuco, Inc. shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. In no event shall Tebuco, Inc. be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Tebuco, Inc. Services, with the delay or inability to use related services, the provision of or failure to provide services, or otherwise arising out of the use of the Tebuco, Inc. services, whether based on contract, tort, negligence, strict liability or otherwise, even if Tebuco, Inc. has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Tebuco, Inc. services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the services.