FileSync Terms and Conditions

LAST UPDATED: 30th Jan 2018

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE ACCOMPANYING SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

This is a legal agreement between you and The Licensor identified as SCDC Limited \ trading as www.bobcloud.net.

  1. Grant of License
    If you are installing and / or using the evaluation version of the Software, subject to the terms and conditions of this Agreement, the Licensor grants to you a non-exclusive, non-transferable and limited right to use the evaluation version of the Software in binary object code form, for trial and evaluation of the performance of the Software.
  2. Restrictions on Use
    You may not use the Software beyond the period for which you have obtained a license.
    You may not modify any portion of the Software or merge or integrate any portion of the Software into/with any other program.
    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, if any, accompanying it.
  3. Payment and Termination
    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.
    All invoices we be considered ‘overdue’ if they remain unpaid seven days 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 of your data may be removed from our service and servers.
  4. Ownership of the Software
    The Software is not sold to you. 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.
  5. Usage of the Software and our Service
    You must use the system in the manner it was provided to you.
    Limitations are in place specifying the amount of devices you can sync on each service. You will be asked to upgrade your service should you exceed the amount of pre-agreed devices.
    Any data you delete and file modifications will be kept on our service for up-to 14 days. This period can be increased by purchasing an add-on.
    You can retain up to 10% of deleted files versus live files. i.e. if you purchase a 40GB service, you can store up-to 4GB of deleted files at any one time. If you exceed this limit, please contact Support who can reduce your history period or you can upgrade your service.
  6. 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.
  7. 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.
  8. 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.
  9. Right to Collect Information and Privacy
    1. 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 the
    2. 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.
    3. If referring friends or colleagues to us, you must have their permission to do so.
      You agree for us to send you no more than one marketing email per month regarding our services or a selected 3rd party’s services. This is in return for using our free service.
  10. Support Services
    All Support for this service is provided via email or community forums. Telephone support is NOT provided as standard and is an optional service we provide.
  11. Free accounts
    Free accounts are provided with these additional terms.

    1. 10GB free account. As is provided with no further requirements.
    2. One free account per website or domain.
    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. 100GB free account. A link from your website to our website using one of our banners.
      1. You will need to enter our code to display the banner on your home page.
      2. After a period of no longer than 30 days after activating your account, we will request a 3 line basic review of our service. An anonymised version of the review will be published on our website.
      3. If the link or review is revoked or removed, we will notify you and allow you 3 days to rectify the situation. If after this period, the situation isn’t resolved, we will remove your 100GB free account from our service.
  12. 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 as a whole.
  13. 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 inure to the benefit of and 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