Read this document carefully. It is a contract (the "Contract") between you (hereinafter referred to either as "you" or the "User") Clunk Click Limited ("Clunk Click") and IFonline Limited trading as TrigoldCrystal ("TrigoldCrystal"). By using the Product or Service, as defined below, you acknowledge that you have read this Contract and you agree to be bound by it.

1. General Provisions

1.1 TrigoldCrystal agrees to provide you with back up software (the "Product") to be used in conjunction with a data backup service ("Service") provided by Clunk Click. You may copy the Product solely for the purpose of evaluating or utilising the Service. Any other use is strictly prohibited.

1.2 By accepting or using the Product, you acknowledge that you do not own it. Under the terms of this Contract, in consideration of the fees you pay to TrigoldCrystal in accordance with section 4 below, you may use the Product only in conjunction with the Service.

1.3 Save as permitted by statute you specifically agree not to make any attempt to modify decompile or reverse engineer the Product or otherwise discover the source code or underlying processes or algorithms of the Product.

1.4 You agree not to use the backup service to store photographs, pseudo-photographs, films, articles, sound records, messages, or any other material that may be stored in a computer that may be described as indecent or obscene or is otherwise illegal.

2. Warranty Provisions

2.1 TrigoldCrystal warrants that the Product and Service will perform substantially in accordance with the help file that accompanies the Product for the duration of your use of the Service.

2.2 If the Product of Service fails to perform as promised in this Contract, your sole and exclusive remedy shall be the return of fees paid for use of the Product or Service during the period for which the Product or Service failed to perform as promised.

2.3 Notwithstanding the foregoing, if any failure of the Product or Service has resulted from abuse, misapplication, or unauthorized use, the limited warranty provided by this Contract is and shall be void.

2.4 Under no circumstances will either TrigoldCrystal or Clunk Click be liable for data that was never sent by you, using the Product, to the relevant backup data centre assigned to the product by Clunk Click. You are therefore advised to check the log file to ensure that the desired files have been transmitted.

2.5 To the maximum extent permitted by applicable law you acknowledge that the obligations and liabilities of ClunkClick and TrigoldCrystal in respect of the Product are exhaustively defined in this Contract. You agree that the express obligations and warranties made by TrigoldCrystal and Clunk Click in this Agreement are in lieu of and to the exclusion of any warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to anything supplied or services provided under or in connection with this Contract including (without limitation) as to the condition, quality, performance, or fitness for the purpose of the Product or any part of it.

2.6 You are responsible for the consequences of any use of the Product. Neither TrigoldCrystal nor Clunk Click will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if they have been advised of their possibility.

2.7 TrigoldCrystal and Clunk Click accept liability to the extent it results from the negligence of either TrigoldCrystal or Clunk Click and their respective employees for:

2.7.1 Death or injury without limit; and

2.7.2 Physical damage to or loss of the Customer’s tangible property up to the amount of the Price in respect of each incident or series of connected incidents.

2.8 In all other cases not falling within clause 2.6 the total liability of TrigoldCrystal and Clunk Click(whether in contract, tort, including negligence, or otherwise) under or in connection with this Contract or based on any claim for indemnity or contribution will not exceed the fees paid by you to TrigoldCrystal for the use of the Product in the 12 month period immediately preceding the date of the claim.

2.9 You agree that, except as expressly provided in this clause 2 neither TrigoldCrystal nor Clunk Click will be under any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Contract. You will indemnify both TrigoldCrystal and Clunk Click in respect of any third party claim for any injury, loss, damage or expenses occasioned by or arising directly or indirectly from your possession, operation, use or modification of the Product except and in so far as either of them is liable as expressly provided in this Agreement.

2.10 You acknowledge and agree that the allocation of risk contained in this clause 2 is reflected in the Price paid for the Product and Service and is also recognition of the fact that inter alia it is not within the control of either TrigoldCrystal or Clunk Click how and for what purpose the results of the Service are used by the Customer.

3. Term

3.1 When you agree to the terms of this Contract, subject to the provisions for earlier termination in 3.2 below, you acquire a license to use the Product for a period of 1 month and thereafter from month to month unless and until you give not less than one calendar months’ prior written notice to TrigoldCrystal. At no time and under no circumstances do you acquire any ownership interest in the Product.

3.2 The license provided by this Contract shall terminate immediately upon the earlier of the following to occur:

(i) 30 days after you have failed to pay any service charges due under section 4 on their due date; or

(ii) if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.

3.3 Your license will also terminate without further action or notice by TrigoldCrystal if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.

3.4 Following termination of your license for whatever reason:

3.4.1 You will destroy the software together will all copies in any form, including copies on your hard and backup disks.

3.4.2 Any use of any copies of the software will be unlawful; and Clunk Click shall have the right to delete your stored Data without liability for loss or damage.

3.5 You agree to contract for the provision of the Service for as laid out in 3.1. If you terminate this Agreement prior to the expiry of a one month period, otherwise than by reason of any breach of this Contract on the part of TrigoldCrystal or Clunk Click, you will be liable to make a one-off payment for the length of time remaining under the contract calculated on the banding rate applicable to your highest rate of usage of the Service.

3.6 You agree that this contract is independent of your contract for the TrigoldCrystal sourcing system, Prospector, and that you will need to cancel each contract separately on the terms and conditions agreed in each of those contracts.

4. Pricing

4.1 The price you pay for the basic Service of just backing up customer data held on TrigoldCrystal’s Prospector software will be £5 + VAT per month for an aggregate, uncompressed file size of up to 100MB, subject to (i) promotions or (ii) changes by TrigoldCrystal from time to time on 30 days notice. Additional storage requirements over 100MB and/or other services will be charged at an additional price to be determined from time to time by TrigoldCrystal.

5. Governing Law

5.1 This Agreement will be construed in accordance with and governed by the law of England and each party agrees to submit to the non-exclusive jurisdiction of the Courts of England.

6. Entire and Final Agreement

6.1 This agreement shall constitute the entire agreement and understanding between the parties with respect to all matters, which are referred to and shall supersede any previous agreement(s) between the parties in relation to the matters referred to in this agreement.

7. Force Majeure

7.1 No party shall be liable for any failure or delay in performance of this agreement, which is caused by circumstances beyond the reasonable control of that party.

8. Supervening illegality and severance

8.1 Any provision of this Agreement which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions of this Agreement, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.