Cloud Backup

Terms and Conditions

Overview

TIE’s cloud backup is designed to back up critical files and folders to the cloud. During the on-boarding process there will be many choices. The Partner can change these choices at any time during the program.

​Folders backed up
TIE will work with the Partner during on-boarding to decide which computers and which folders are to be backed up. The Partner may choose any or all computers on the program and as many folders as they wish.

Backup Times
The Partner will pick a time of day which the backups will occur. It will be the responsibility of the Partner to ensure the computer is on during this time so the backup can start and complete. If the computer is not on during this time, the backup will not occur for that day.

Revisions
TIE keeps 30 days of revisions for any file backed up. Any revision can be downloaded during the 30-day period. For example, if the Partner changes an excel file every day, a copy of the file from any of the last 30 days will be available to download. Therefore, if the Partner wishes to have a copy from 3 weeks earlier they can download the revision that was saved 3 weeks ago as a new file.

Stray Files
A “stray file” is a file located within a folder included in the backup and has been deleted by the user. This stray file can be retrieved from the online backup system for 7 days after which the file will be permanently deleted and irretrievable (i.e. no longer exists). While a file is “stray” it will still count toward the total online backup space used until the file no longer exists in the online system.

Overage Notification
An e-mail will be sent as frequently as the Partner wishes to inform them if they are over or if they are almost over their current allotted usage. The frequency and percentage of total storage used can be changed at any time.

Overages
TIE will not stop files from backing up if the Partner is over the current allotted space, and overage charges will apply, see pricing section for details.

Additional Storage
Additional monthly storage can be purchased at any time in blocks of 20GB. The supplementary charge will be included with the monthly charges as applicable. If additional storage is purchased after the last bill date but prior to overages being billed, the Partner may choose to have the additional storage charged separately for the current month to avoid the next overage.

​Communication

TIE to Partner
Communications for this agreement, including written notifications and updates will be sent via e-mail to the primary e-mail address provided by the Partner at the time of signing. The primary e-mail address can be changed at any time.

Partner to TIE
Work requested and/or questions during this active agreement can be submitted via e-mail to helpdesk@tienational.com or by telephone to (630) 301-7444. Termination of this agreement must be set to cancellation@tienational.com, see “Termination by The Partner” section for full details.

​Term and Termination

Term
This Agreement shall commence on the Effective Date of the signed contract and continue in effect for one (1) year thereafter and will automatically renew to a one (1) year term unless e-mail notice is set to cancellation@tienational.com at least thirty (30) days prior to the renewal date with the following information: Subject line – site name and number; E-mail body – a brief description of the Partner’s intent to cancel agreement renewal and effective date for the cancellation.

Termination by Partner
A Partner may terminate this Agreement any time by providing TIE with written notice to cancellation@tienational.com with the following information: Subject line – site name and number; E-mail body – a brief description of the Partner’s intent to cancel agreement renewal and effective date for the cancellation. Any termination of this agreement before the term has ended will be subject to a termination fee as outlined in the Charges section.

Termination by TIE
Tie National, LLC has the ability to terminate this agreement at any time and for any reason via written notice to The Partner. Cancellations by TIE due non-payment will be subject for the payment of the months leading to TIE’s written termination notice and a termination fee will apply, see Termination Fee in the Charges section for full details.

​Charges, Taxes and Payment

Charges
Monthly Charges
In exchange for the services provided by TIE under this Agreement, the Partner shall pay TIE in advance (by credit card which must be on file) a fee based on the service plan that the Partner has selected at the agreement signing. Payment will continue each month until the agreement has been terminated, see termination section for full details.

​Termination Fee
The termination fee is calculated as fifty percent (50%) of the remaining balance of the agreement term.

Backup Overages
On the 20th day of each month, Tie National, LLC will review online backup usage to determine overage charges, if applicable. Backup overages will be charged separately to the card on file and occur between the 20th and the last day of each month.

​Price Changes
Any price changes that will go into effect at the renewal period will be communicated to the Partner no less than 30 days before the agreement renewal.

​Credit Card Decline
Late fees and finance charges will apply for any credit card transaction that is declined.

Taxes
The Partner is responsible for all sales, use and other taxes that are levied or imposed by state and local governments for the use of the services supplied by TIE.

Payment by Credit Card
All services and fees supplied under this agreement must be paid for in advance and with a valid credit card. This credit card will be kept on file for future payments of said services. The Partner is responsible contacting TIE’s Accounting Department at (630) 301-7444 to provide any necessary update to the credit card information. All declined transactions are subject late fees, finance charges, and account suspension.

GENERAL

Good Standing
The Partner is required to have all accounts with Tie National, LLC current and in good standing. If the Partner is not up to date on all invoices, TIE reserves the right to turn off services.

Force Majeure
Delay or failure of performance on the part of TIE shall be excused it its normal operations are effected or prevented by any strike, labor action, acts of God, terrorism, act of the government, civil or military authorities, material shortages, delay of public carriers, fire, theft, accident or any cause beyond its reasonable control.

No Waiver
Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by written Agreement signed by the party affected by such waiver, modification, amendment, or termination. No failure on the part of any party to exercise and no delay in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right under this Agreement preclude any other or further exercise thereof or the exercise of any other right.

Cumulative Remedies
No remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given in this Agreement or existing at law or in equity, by statute or otherwise.

Notices
All notices and other communications required or permitted under this Agreement shall be in writing and sent by electronic mail (e-mail). Notices shall be effective as of the date of receipt unless otherwise stated.

Severability
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.

Liability
Throughout the agreement term TIE will be responsible for dispatching third party (non-TIE) vendors and/or providers on The Partner’s behalf. The Partner will be responsible for the payment of any charges or fees associated with third party vendors and/or providers.

​NEITHER TIE (INCLUDING ITS LICENSORS) NOR PARTNER SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE OR LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL ARISING IN RELATION TO OR IN CONNECTION WITH THIS PROGRAM, RELATED PRODUCTS, DOCUMENTATION OR THE USE THEREOF, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY OR STRICT LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.