Remote Backup Signup form

*Require Fields


Contact Info
Company Name:
*Contact Name:
*Address:
*City:
*State:
*Zip:
Work Phone:
Home Phone:
Cell Phone:
*Email:


Unit	Backup Type	Cost Per device	Sub Total
	10 GB	10.00
	25 GB	20.00
	40 GB	35.00
	60 GB	50.00
	120 GB	100.00
	Exchange Server	50.00
	Oracle Database	200.00
	SQL Database	50.00
	My SQL	50.00
	Lotus Notes	100.00
	Exchange Mail Box	3.00
	Continuous Data Protection	100.00

	Monthly Cost:

Terms and Contidions:

1.  DATA BACKUP SERVICE: Konicom agrees to provide an initial full backup of ONLY the ELECTRONIC DATA 
    FILES in specific hard drive location(s) indicated by Customer. Thereafter, Konicom provides incremental and
    differential backups of data files in the same location(s), on a daily basis. Incremental and differential data 
    backups will be kept for 30 days. Konicom's remote data backupservice does not cover PROGRAM FILES. 

2.  TERMS: This is a month-to-month Service Agreement. This Agreement shall be automatically renewable at the 
    option of both parties on a monthly basis. Either party can terminate this Agreement for any reasons with a 
    30-day prior notice in writing. 

3.  ENCRYPTION KEY: Konicom does NOT maintain client encryption keys. It is Customer's FULL responsibility to 
    write down the encryption key presented in the installation of service. Customer understands that without the 
    encryption key, the encrypted data stored cannot be retrieved. Konicom shall not be held responsible for loss 
    of encryption key. 

4.  COMMUNICATION CIRCUITS: All data files are transmitted over tele-communication company circuits, which are 
    wholly beyond the control and jurisdiction of Konicom and are maintained by the Communications Company.
    Customer is responsible for the cost and maintenance of all data communication circuits at 
    Customer's location(s) required for dutiful transmission and system access. Konicom is responsible 
    for the cost and maintenance of all data communication circuits at Konicom's remote backup facilities. 

5.  LIMITATION OF WARRANTY LIABILITY: The Customers remedies are limited to Konicom obligations stated 
    herein. This warranty is exclusive and it extends only to the Customer.

    a.  Incomplete data transmission. If data files cannot reach Konicom's facilities due to communication
        circuits/equipment failure at either Customer's location(s) or tele-communication company's site(s), 
        or both, Konicom will not be liable for the incompletion of data backup transmission and no refund 
        will be given under these circumstances. Konicom warrants that the equipment used to receive and store 
        the data will be free from defects in material and workmanship for a period of one (1) year after 
        installation. The obligation of Konicom under warranty is limited to the repair or replacement, at 
        Konicom's option and cost, of a non-conforming product, part or component thereof, except consumable 
        accessories, within a reasonable time after notification of defects. In the event of unsuccessful 
        remote data backup due to Konicom's data backup equipment failure, Konicom will refund Customer for 
        the duration of the downtime due to equipment failure and repair, based on the following fomula: 
        refund amount = monthly total / number of days in the month X downtime (in day increment). 

    b.  Data loss. Konicom makes no guarantee or warranty, including implied warranty of merchantability or 
        fitness, that the services supplied will avert, avoid or prevent the loss of data or information or 
        the consequences there from. Customer assumes all risk for loss or damage to the Customer's equipment 
        and data files. Customer understands that the data is encrypted or otherwise unusable by Konicom, and 
        agrees to hold Konicom harmless for any loss or harm to the condition of such data and releases Konicom 
        of all liability for any claim for loss or damages to the data caused by efforts of Konicom to retrieve 
        data. Customer will not hold Konicom or its employees accountable for any data loss due to any theft, 
        terrorist attack or disasters. 

    c.  Lawful possession. Customer signifies that it is in lawful possession of all data made available to 
        Konicom, and that possession of such property is permissible by any local, state or federal law. 

6.  INCREASE IN SERVICE FEES: Despite the terms and conditions set forth herein, Konicom may, at any 
    time, increase the fees and charges upon giving Customer notice in writing. In event Customer shall be 
    unwilling to pay the increased monthly charges, Customer may terminate this agreement upon giving notice 
    in writing to Konicom. Failure to notify Konicom will constitute Customer consent to the increase and all 
    other terms and conditions of the agreement shall remain in full force and effect. ANY OVERAGES by Customer
    will automatically default Customer to the next larger plan. 

7.  WARRANTY OF CUSTOMER: The individual signed this Agreement for the Customer warrants that he/she has 
    the authority to sign this agreement and contract for the, as well as permit the installation of systems 
    and the activation of the services listed herein. 

8.  INDEMNIFICATION. Notwithstanding any provision of this Agreement to the contrary, Customer agrees to 
    indemnify, hold harmless, and defend Konicom from and against any and all claims, demands, damages, loss, 
    costs, expenses (including attorney's fees), fines, or penalties arising out of, or as a consequence thereof, 
    or related to Konicom's performance of this Agreement, including but not limited to bodily injury, property 
    damage and any act, error or omission to act on the part of the Customer or its employees, agents, or 
    independent contractors, or the invitees of any of them. 

9.  ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other 
    promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior 
    written or oral agreements between the parties. 

10. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed 
    by both parties. 

11. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, 
    the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this 
    Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, 
    then such provision shall be deemed to be written, construed, and enforced as so limited. 

12. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall 
    not be construed as a waiver or elimination of that party's right to subsequently enforce and compel strict 
    compliance with every provision of this Agreement. 

13. DISPUTE RESOLUTION AND JURISDICTION: Claims, disputes or other  matters in question between Konicom 
    and Customer, arising out of or relating to this Agreement, shall be submitted to a senior level representative 
    of each party for resolution. In the event that said representatives are unsuccessful in agreeing to a resolution, 
    the dispute shall be submitted to non-binding mediation within ninety (90) days, with each party to share equally
    in the cost. In the event that mediation is unsuccessful, either party may pursue all remedies at law and court 
    proceedings in Sacramento County. The prevailing party in any legal action, including arbitration, is also entitled 
    to recover its reasonable attorney's fees and costs incurred in the prosecution or defense of the matter. 

14. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California.

Check to Accept Terms and Contidions

Service Agreement:

    Monthly full payment is due on the 1st day of each month. Payment not received by the 10th of the month will be subject to finance charge at Konicom's going rate. There is a $25 charge on returned checks. Service can be cut off without notice for non-payment by the 20th of the month. Customer will be liable for Konicom's costs related to the collection of any sum due, including but not limit to, overhead allocated to employee effort, legal fees and expenses incurred, if failed to pay as agreed. By signing below, customer confirms that he/she has been informed of this payment policy. Furthermore, if credit card information is filled out at the left side of this order, customer authorizes Konicom to charge the monthly total amount shown above to the credit card specified in this service order, on the first day of each month for the remote data backup service provided in the same month. This automatic charging will stop when Service is terminated by either party with a 30-day advanced written notice.

Check to Accept Service Agreement