Please select a plan... 1TB Storage / 1TB Backup $99.99 per month 2TB Storage / 2TB Backup $199.99 per month 4TB Storage / 4TB Backup $499.99 per month 6TB Storage / 6TB Backup $799.99 per month 8TB Storage / 8TB Backup $999.99 per month 10TB Storage / 10TB Backup $1999.99 per month

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Legal agreement:

PLEASE READ BEFORE USING BITFY SERVICES This is a legal agreement between you as a single legal entity and bitfy (identified in Section 1), and governs the terms and conditions of your business use of bitfy services (as defined below), the bitfy website, client software, local cloud and any future updates and changes. All bitfy offerings, services and products may be referred to as "Services". By selecting "I AGREE" or similar buttons and functionality, you agree to these Terms, additional Service terms and bitfy Privacy Policy. If you do not agree to bitfy Terms, additional Service terms or the Privacy Policy, DO NOT select "I AGREE" and DO NOT USE bitfy Services. If you agree to these terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms. 1. LEGAL CONTRACTING ENTITY If your legal entity is based in Australia, you are contracting with the operators of bitfy, GPO BOX 3387, Melbourne VIC 3001 Australia. For entities in all other countries, you are contracting with the operators of bitfy, GPO BOX 3387, Melbourne VIC 3001 Australia. 2. ACCOUNTS, FEES AND BILLING You must register and have an active account with bitfy to use our Services, and you agree to maintain your registration information accurate, complete and updated during the bitfy contract term. You agree to actively notify bitfy about any account changes relevant to your account or Service. bitfy Service "Plans" offer multiple storage, backup and user capacities together with "Addon" Services that can increase current capacity. All plans are provided on flexible terms with no fixed length. You agree to pay the fixed subscription and variable addon fees for the Plan that you have selected, and agree to any applicable restrictions in storage, backup and user limits in your Plan. If you exceed any quota allocated to your plan and addons, you agree that bitfy may restrict your ability to store additional data, store backups and create new users until you reduce your usage or purchase addon services. You agree to pay all bitfy invoices for Plans and Addon Services within 30 days from the invoice being produced. Depending on your payment type, you authorize bitfy to automatically charge your account via Direct Debit, Credit Card or other agreed payment method during the duration of the current contract on a monthly, quarterly or annual basis. 3. ACCESS CONTROL, PASSWORDS AND SECURITY You are responsible for keeping your passwords and encryption keys secure, and agree to not disclose your passwords to third parties without prior written approval by bitfy. You are solely responsible and liable for any activity that occurs under your username or encryption key. If you lose your password for your account or your encryption keys for your service, you may not be able to access your Data or Backups. You must notify bitfy immediately of any unauthorized use of your account, security breaches and all other unauthorized activities related to your bitfy service. You agree to change your account password and encryption keys in the event of a security breach. If bitfy determines that your account is insecure, bitfy may suspend your account until passwords and encryption keys are changed. 4. USE OF SERVICES (IaaS), EQUIPMENT AND SOFTWARE Subject to the following terms, bitfy grants you a limited, non-exclusive, non-transferable and revocable Service license. You may use our Infrastructure as a Service (IaaS) within your business network to service employees located on the same premises. You may install and use the software in executable form only on the maximum number of devices specified by each plan. You agree that bitfy may use third party equipment, systems, networks, software, infrastructure and contractors. You agree that bitfy owns all rights and interests on the services and intellectual property provided. Except for the license granted in these Terms, bitfy retain all rights in the Services, and no implied licenses are granted to you. You agree that you will not, nor you will permit another party to: - Sublease, sublicense, rent, loan, sell, transfer or distribute any portion of our services; - Attempt to modify, adapt, translate, tweak, optimize or create derivative works from our services; - Disassemble, hack, reverse engineer or attempt to modify components from our services; - Remove, replace, alter or obscure any trademark, branding, bitfy logos or other proprietary rights notices displayed on various components from our services. 5. PLANS, FEATURES AND ADDONS All bitfy plans include the following features: Local NAS Server("Local Cloud"), Incremental Backups with version history, daily snapshots, error checking, disk checking, issue notification and scheduled upgrade. Your service includes one of the following plans: (Price per Calendar Month, Local Storage, Remote Backup, File History in Days, Maximum users, Scheduled Upgrade) -Light Business: $99.99, 1000GB, 1000GB, 30, 5, 1.5x -Essential Business: $199.99, 2000GB, 2000GB, 45, 15, 2x -Medium Business: $499.99, 4000GB, 4000GB, 60, 40, 2x -Large Business: $799.99, 6000GB, 6000GB, 60, 60, 2x -Professional: $999.99, 8000GB, 8000GB, 60, 80, 2x -Enterprise: $1999.99, 10000GB, 10000GB, 60, 100+, 2x Addon services: - Additional Storage: $99.99 per 1000GB per Calendar Month - Additional Backup: $299.99 per 1000GB per Calendar Month You agree that bitfy may modify features, prices and specifications for the services above at its sole discretion as described in Section 9, and that bitfy may provide discounts and overcharges for the prices above. 6. ACCEPTABLE USE AND LEGAL COMPLIANCE You are solely responsible for your conduct and your data you store and backup on the Service. You agree that you will not use the Services to: - Violate any laws or regulations; - Infringe the intellectual property of third parties; - Infringe on the rights of third parties; - Store, process and access prohibited content in your jurisdiction and in Australia; - Store any material that knowingly contains viruses, trojans, worms and other harmful computer code; - Generate and store files with the sole purpose of increasing storage usage; 7. INTELLECTUAL PROPERTY By using bitfy Services you agree to not infringe on the copyright of others. You may not store, access, share, display, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any entity. You shall not use bitfy's VPN service to distribute infringing material to third parties, and if you commit violations, bitfy may terminate your services. 8. INDEMNITY You shall defend, indemnify and hold bitfy, its officers, directors, shareholders, affiliates, suppliers and licensors, harmless from and against any and all damages, fines, penalties, assessments, liabilities, losses, costs and expenses (including attorneys' fees, expert fees and out-of-pocket expenses) in connection with: - Your use of the Service; - Your violation of these Terms; - Your violation of third party rights and properties; - Any misuse or fraudulent use of credit cards, debit cards and direct debits; This indemnity obligation will survive the termination or expiration of your Plan, account and these Terms. 9. CHANGES TO THE SERVICE AND TERMS bitfy has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Service, including, but not limited to, the infrastructure, software, equipment needed for access or use, disk space, backup allowance, hours of availability, contact methods that will be available with your plan, or the availability of bitfy Services on any particular device. bitfy has no obligation to provide you with notice of any such changes. bitfy may at its own disclosure, use commercially reasonable efforts to notify of such changes. bitfy reserves the right to modify these Terms at any time, and each modification will be effective upon posting on the website. You agree to the new posted Terms of Service by continuing your use of the Service. To stay informed of changes on these Terms, please review the "contracts" section of the website. If you do not agree with the modified Terms of Service, your only remedy is to discontinue your use of bitfy services. 10. TERM AND TERMINATION These terms, revisions and amendments will remain in effect until a service cancellation request is raised by you. Prior to expiration of the plan you will be able to renew, upgrade, downgrade, select a new plan or cancel your current plan. On termination or expiration of your Service or these Terms, you will no longer have the right to continue to use the Services, you will have no access to your data and you will no longer be able to restore data from a remote backup. You also specifically agree that you will return your local cloud hardware, and that bitfy will automatically purge your data from your local cloud and remote backup. You also agree that a cancellation fee of two times the monthly plan rate will apply if cancellation takes place in less than 12 months from signup or upgrade. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and bitfy and governs your use of our Services, superseding any prior agreements between you and bitfy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. bitfy's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. bitfy will not be responsible for failures to fulfil any obligations due to causes beyond its control. You agree that, except as otherwise expressly provided in these terms, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to these terms or the use of the products must be filed within one (1) year after the cause of action arose or be forever barred. 12. DISCLAIMER OF WARRANTIES YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK, AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. bitfy, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, bitfy, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS AND SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 13. LIMITATION OF LIABILITY BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE STATEMENTS BELOW MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL bitfy OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR FOR ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF bitfy, ITS SUPPLIERS, RESELLERS, PARTNERS, AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THAT ACCOUNT DURING THE ONE (1) YEAR PERIOD BEFORE THE RELEVANT CLAIM OR FOUR-HUNDRED AUSTRALIAN DOLLARS (AUD$400), WHICHEVER IS LOWER. YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND bitfy. 14. GENERAL These terms and the relationship between you and bitfy will be governed by the laws of the State of Victoria, Australia, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Melbourne, Victoria to resolve any dispute or claim arising from these terms. As to intellectual property rights, you specifically agree that bitfy may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms. You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of bitfy. bitfy may freely assign this Agreement. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Service. 15. CONTACT Users with questions about these Terms may contact bitfy via e-mail at: info@bitfy.com. 16. LAST REVISION This document was last revised on July 3, 2013.

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