FileSync Terms and Conditions

Last updated: 16th June 2020

Please read this document carefully before using our service.
By installing and using the software or service, you agree to be bound by the terms of this agreement.
If you do not agree to the terms of the agreement, do not use our software or service.

This is a legal agreement between YOU and The Licensor identified as SCDC Limited trading as www.bobcloud.net and www.filesync.co.uk

Restrictions on Use

You may not use the Software beyond the period for which you have obtained a license.

You may not translate, decompile, disassemble, or reverse engineer the Software or do anything to obtain underlying information that is not visible to the user in connection with normal use of the Software.

You may not display the Software’s object code on any computer screen or make any hard copy memory dump of the Software’s object code.

You may not remove, alter, or conceal any copyright or other intellectual property notices from any copy of the Software or any of written materials.

Ownership of the Software

The Software is not sold to you and you will not own it at any time.
You can use the Software in accordance with the terms of this Agreement.
All rights in the Software (including all title and intellectual property rights) not specifically granted to you by the Agreement are reserved to the owners thereof.

Usage of the Software and our Service

You must use the system in the manner it was provided to you.

You understand this service and software is not provided for you exclusively, and acknowledge you need to prove it works correctly in your environment.

FREE accounts

  1. One free 50GB account per customer, IP address, email domain or device.
    1. This will be upgraded to 100GB if you join our mailing list.
  2. No liability or guarantees are offered.
  3. All free accounts must be registered to business email addresses. We don’t provide free services to users we can’t trace; i.e. free email account holders.
  4. Free accounts which have not uploaded more than 10Mb in any previous 28-day period will be deleted and purged.
  5. No illegal or immoral activity.
  6. Any breach will result in your data being deleted and purged without warning.
  7. Please play fair.

Hosted FileSync Servers https://filesync.co.uk/service-provider-packages/

  1. All hosted servers provided by us are billed monthly.
  2. The total of the storage used is live account data, deleted data, and logs.
  3. We provide the service only. The license agreement for the Seafile software will be deemed to be between you and Seafile (seafile.com) . We are not connected in any way with Seafile.
  4. All services are payable monthly and up-front. If you have a PAYG storage service, we will invoice for storage used in arears.

FileSync installation service

  1. We will install the Seafile OS of your choice onto your own hardware.
  2. We will notify you of the required specification of your hardware and software before we commence work.
  3. When we have finished the installation, you are solely in charge of maintain the hardware and software environment. We provide ongoing support of our software and service on a PAYG basis.

Payment and Termination

  1. You agree to pay all invoices within seven (7) days of an invoice being presented.
    All invoices will be sent via email and it is your responsibility to ensure all emails from our domain [bobcloud.net] are added to your inbound email white-list, thus preventing our emails being trapped and unread in a SPAM filter.
  2. All invoices we are considered ‘overdue’ if they remain unpaid 24 hours after their due date.
    Any overdue services after this time will be suspended by us.
    If the service(s) remains overdue after a further seven days, the service and all your data may be removed from our service and servers.
    We will send you 3 emails notifying your account is overdue before your account and data are deleted and purged from our service.

Support Services

All Support for this service is provided via our helpdesk at https://control.bobcloud.net/clientarea.php or community forum at https://forum.bobcloud.net/c/filesync

Telephone support is NOT provided as standard.

Warranty & Disclaimer

The licensor warrants that it is entitled to provide the software to you on the terms contained herein.

The licensor warrants that the software, when it is delivered to you, is free of viruses, trojan horses, worms, and other similar destructive or disabling code.

The above is a limited warranty and is the only warranty made by the licensor. The software is provided on an “as is” basis and your use of the software is at your sole risk.

The licensor expressly disclaims and you hereby expressly waive all other conditions, warranties and representations, express or implied, including warranties of merchantability and fitness for a particular purpose; that the software will meet your requirements or that the operation of the software will be uninterrupted or error-free or that errors in the software, if any, will be corrected.

The licensor’s above limited warranty is in lieu of all liabilities or obligations of the licensor for damages arising out of or in connection with the installation, use or performance of the software. The software’s failure to perform in accordance with the specifications shall not be considered a failure of the essential purpose of the warranties contained herein.

Limitation of Liability

Notwithstanding anything contained in this agreement, under no circumstances shall the licensor or the owner of the software be liable to you for any special, indirect, punitive, incidental or consequential damages (including but not limited to damages for loss of profits or savings, business interruption or loss of information or data) whether in contract, negligence, tort or otherwise arising out of your use or inability to use the software or the breach of this agreement, even if advised of the possibility of such damages.

Notwithstanding anything contained in this agreement, the aggregate liability or damages of the licensor or the owner of the software to you or to any other person shall not exceed the amount paid by you to use the software regardless of the form of the claims.

Indemnity

If you use or distribute the Software in violation of this Agreement, you hereby agree to indemnify, hold harmless and defend The Licensor and / or the owners of the Software from and against any and all claims or lawsuits, including legal fees and costs that arise, result from or are connected with the said use or distribution of the Software in violation of this Agreement.

We do not accept liability for any services provided to us by our vendors and suppliers which fail.

Right to Collect Information and Privacy

The Software contains programs that collect data about your use of the Software. You agree that such data about your use of the Software may be collected and that the data collected through such programs may be used by The Licensor or the owner of the Software to monitor your compliance with the terms of this agreement.

Agreement and/or to improve the Software and for the Licensor to provide you with support services. You agree that you will not prevent or in any manner restrict the right to collect such data about your use of the Software.

Third Party Software

We use the seafile application and have no direct input of how the application is written at the source code level. You can view the seafile company’s website at http://www.seafile.com/

Other parts of the software include software with open source licenses from third parties that govern the use of those portions. Nothing contained herein limits the rights and obligations you may have under such open source licenses. However, the disclaimer of warranty and limitation of liability provisions in the agreement will apply to the software.

General

This Agreement is binding on you as well as your employees, contractors, agents, and any person who uses the computer / device on which the Software is installed. This Agreement shall be binding upon the Licensor, the owner of the Software and their successors and assigns. This Agreement is also binding on your successors and assignees. This Agreement is the entire agreement between us and supersedes all previous agreements, arrangements, understandings, or representations (including advertisement) relating to the subject matter hereof. If any provision of this Agreement is deemed invalid or unenforceable that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. Any failure or delay by a party to exercise any right or remedy under this Agreement shall not operate as a waiver of that right or remedy.

BOBcloud.net
The Old Sorting Office, Corsham, Wiltshire SN13 9AA
Tel: 0800 907 8238 https://www.bobcloud.net/wp-content/themes/bobcloud/images/logo.png