Pro and Your Storage Online Back up Terms and Conditions

LAST UPDATED: 2nd October September 2018

IMPORTANT NOTICE:
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE: This licence agreement (License) is a legal agreement between you (Licensee or you) and SCDC Ltd WWW.BOBCLOUD.NET (Licensor) for the software (Software), which includes computer software, the data supplied with it, the associated media, printed materials and documentation (Documentation).
BY USING OR INSTALLING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND YOUR EMPLOYEES.

SPECIAL NOTICE: Our license provide [Ahsay] are withdrawing meter licenses and support for v6 shortly. This article will explain your options if you are still using v6 – v6 is retiring

PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE: We license our core software from Ahsay [http://ahsay.com] and once you become a user of our service you will be able to issue licenses to your customers’ devices and incur costs. Whenever you issue a license to one of your customers, we are charged by Ahsay (even if you have not used the license), and we will invoice you accordingly. This is how Ahsay license their software and it is outside of our control.
To prevent any unexpected charges, ensure each new user is set up in ‘Trial User’ mode, only allocate the amount and type of licenses required (licenses are charged on allocation and not usage) and only convert users from ‘Trial User’ to ‘Paid User’ when they have agreed to use and pay for the service from you.
You must ensure anyone who accesses our service with your logon details is aware of these conditions. We may at any time ask you to pay an up-front fee to cover the usage of licenses.

These terms refer to our Pro and Your Storage online backup services.

Definitions used within our software:

Reseller, Licensee or Partner: This is you, i.e. our customer.
Customer: Your customer.
Client or Client Device: A physical or virtual server, PC, desktop, laptop or MAC.

  1. GRANT AND SCOPE OF LICENSE
    1. In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence.
    2. You may:
      1. Install and use the Software for your business purposes only:
      2. Receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by the Licensor from time to time;
      3. Use any Documentation in support of the use permitted under condition 1.1 and make up to 2 copies of the Documentation as are reasonably necessary for its lawful use.
  2. LICENSEE’S UNDERTAKINGS
    1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
      1. Not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
      2. Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;
      3. Not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
      4. Not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
        1. Is used only for the purpose of achieving inter-operability of the Software with another software program;
        2. Is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
        3. Is not used to create any software which is substantially similar to the Software;
      5. To keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
      6. To supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
      7. To replace the current version of the Software with any updated or upgraded version or new release provided by the Licensor under the terms of this Licence immediately on receipt of such version or release;
      8. To include the copyright notice of the Licensor on all entire and partial copies of the Software in any form;
      9. Not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from the Licensor.
      10. To agree that once a client is moved into your private portal area (either on a trial or contract), its storage and license usage will be considered ‘live’ and added to the next end of month invoice. Regardless of how long the client remains in your portal, it will be charged the full license fee.
  3. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to the Licensor, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence. The Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Software, in any manner, unless the license of the third party software states otherwise.
    2. The Licensor expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Software.
    3. You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
  4. WARRANTY
    1. The Licensor does not warrant that the Software will be error-free. Except as provided herein, the Software is furnished “as is” without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Software. You are solely responsible for determining the appropriateness of using the Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
    2. You acknowledge that the Software has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
    3. You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
    4. You acknowledge you must perform regular test restores of your data from our system back onto yours to ensure you can restore your data. The frequency of the test restores is at your discretion and for you to determine. We recommend a minimum period of 6 weeks between test restores.
  5. LICENSOR’S LIABILITY
    1. Nothing in this Licence shall exclude or in any way limit the Licensor’s liability for fraud or for death and personal injury caused by its negligence or any other liability to the extent that it cannot be excluded or limited as a matter of law.
    2. Subject to condition 5.1 the Licensor shall not be liable under or in connection with this Licence or any collateral contract for:
      1. Loss of income;
      2. Loss of business profits or contracts;
      3. Business interruption;
      4. Loss of the use of money or anticipated savings;
      5. Loss of information;
      6. Loss of opportunity, goodwill or reputation;
      7. Loss of, damage to or corruption of data; or
      8. Any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
    3. Subject to condition 5.1 and condition 5.2, the Licensor’s maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to 10% of the Licence Fee. For the avoidance of doubt the Licensor is not under any obligation to restore the data to the Licensee or onto the Licensee’s systems or servers and it is recommended that a specialist engineer is engaged for such restoration. The Licensor’s only obligation under this Licence is to store and provide a copy of the data to the Licensee upon receipt of a written request.
    4. Subject to condition 5.1, condition 5.2 and condition 5.3, the Licensor’s liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
    5. This Licence sets out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
  6. SUPPORT
    1. All Support is provided via email only and whereas we respond to most support requests in under one hour, sometimes we will have to contact the software vendor [Ahsay] and they may take up to 24 hours to reply. Where we can’t resolve an issue with a single email, we may request remote access to the affected client using RDP or our version of Teamviewer. Remote access is provide ‘as is’ and we will require remote access to be left open so we can connect when an Engineer becomes available.
    2. We do not provide phone support on the standard support service and cannot contact any third parties, i.e. your customer. If you require a bespoke Support package, please contact us.
    3. We are unable to delete or restore any data owned by a Reseller.
  7. TRIAL AND ACTIVATED CLIENTS
    1. Every client device will receive a free 30 day trial and one free billing cycle. After this period any clients associated to you will be activated and charged for their usage at the next month-end billing cycle. If you do not want your trial clients converted automatically from trial to contract, delete them from your portal and also delete the client side software prior to, or immediately after the trial expires.
  8. PERSISTENCE OF SERVICE AND BACKED-UP DATA DURABILITY
    1. Persistence of service. We do everything we can to ensure the Pro service is available at all times and guarantee our service will be available at least 99.9% of the time.
    2. Backed-up data durability.*Since May 25th 2017, we have used Microsoft’s cloud to store all customer data. You can check Microsoft’s suitability for your backups at https://azure.microsoft.com/en-us/. In every circumstance we recommend you also mirror your backups to a local USB or NAS device.
    3. If are using the Your Storage service, your backups will be stored on your own servers or third party storage where you are the account holder. Therefore all warranties and guarantees are between you and your storage provide and not us.
    4. You must mirror all backups on a server OS to a local storage system. This is free to do and is expected of any competent engineer or organisation. This will vastly improve restore times and will protect you from storage failures of third parties.
  9. SEED DISK FOR BACKUPS AND RESTORES
    1. Sending bulk data to us for back up purposes (additional fees apply)
      1. You will need to advise us of how much space you are backing up and we will send you an appropriate sized portable disk. We will advise you of the cost and invoice you at the same time.
      2. We will send the disk by courier. This may take up to 3 days for it to arrive in the UK. If you are outside of the UK, we will advise you of the delivery date and additional delivery costs.
      3. We will perform the SEED backup on your device remotely using our version of TeamViewer or RDP.
      4. Once the SEED has finished we will send you the delivery address and ticket ID required for the data centre to accept delivery. You must use a ‘signed for’ delivery method or you will be liable for any non-deliveries at £150 per disk. If we do not receive the disk within 28 days, we will invoice you for the disk(s) at a price of £150 per disk.
      5. As soon as the disk arrives at the data centre, we will copy your data off the disk and restate the backups both sides.
      6. Data transfer times from server to disk will vary on the type of data and hardware used and these are outside of our control.
    2. *Requesting bulk data from us for restore purposes (additional fees apply)
      1. If your data is stored on Microsoft’s Cloud, we will need to work within Microsoft’s delivery timetables and requirements. We will charge £95 on top of Microsoft’s charges.
      2. We will advise you of the cost and invoice you at the same time.
      3. If the expected restore time using a disk will take too long, the alternative will be to restore the data via a faster connection you have access to.
      4. Data transfer times from server to disk will vary on the type of data and hardware used and these are outside of our control.
  10. PAYMENT AND TERMINATION
    1. You are required to provide valid contact details, including a telephone number and email address and must inform us of any changes within 7 working days of such changes.
    2. Payment terms for all invoices and services are strictly 10 (TEN) days from date of invoice. All invoices are issued in arrears.
    3. If a Direct Debit agreement you have entered into is cancelled, payment cannot be collected because of insufficient funds, or any payment previously made is reversed, we will suspend all services until the dispute has been resolved.
      1. If the dispute is unresolved after 24 hours, we will require a sum of money to be held on account at all times which is equal to the combined total of the previous 2 month’s invoices before your account is resumed. After a further 6 months we will consider allowing you back onto our Direct Debit scheme.
    4. We reserve the right to charge statutory interest on all invoices outstanding after 30 days, in accordance with the ‘Late Payment of Commercial Debts (Interest) Act 1998’.
    5. If any invoice is outstanding after 7 days, your account will be placed on hold and you will be denied access to the customer online support facility. You will receive one reminder by email prior to suspension of any service you may receive from us. Please note that, if you have more than one service with us, failure to pay any invoice in respect of any service will result in the suspension of all services and not just the one in default .
    6. Failure to pay after a further 7 days will lead to immediate termination of all Services and your data being removed from our service.
    7. This Licence is effective until terminated by either party. You may terminate this Licence after the first billing cycle by deleting the account from your reseller portal at https://portal.data-stor.net. We may terminate this Licence for any reason, including but not limited to your breach of any of the terms of this Licence.
    8. The Licensor may terminate this Licence immediately by written notice to you if:
      1. You commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so; or
      2. A petition for a bankruptcy order to be made against you has been presented to the court; or
      3. The Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, or becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986).
    9. Upon termination for any reason:
      1. All rights granted to you under this Licence shall cease;
      2. You must cease all activities authorised by this Licence;
      3. You must immediately pay to the Licensor any sums due to the Licensor under this Licence; and
      4. You must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to the Licensor (at the Licensor’s option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
      5. Your data will be purged from our system.
    10. Your data will be stored only whilst you have a valid contract with us. If you want to us to store data for any period longer than the basic contact period of 1 month, you must order a service for that period.
  11. TRANSFER OF RIGHTS AND OBLIGATIONS
    1. This Licence is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
    3. The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of his rights or obligations arising under it, at any time during the term of the Licence.
  12. NOTICES
    All notices given by you to the Licensor must be given to support@bobcloud.net. The Licensor may give notice to you at either the e-mail or postal address you provided to when obtaining the Software. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such e-mail was sent to the specified e-mail address of the addressee.
  13. EVENTS OUTSIDE THE LICENSOR’S CONTROL
    1. The Licensor will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this Licence that is caused by an event outside of its reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. Strikes, lock-outs or other industrial action;
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      5. Impossibility of the use of public or private telecommunications networks;
      6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. The Licensor’s performance under this Licence is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Licence may be performed despite the Force Majeure Event.
  14. WAIVER
    1. If the Licensor fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if the Licensor fails to exercise any of the rights or remedies to which he is entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by the Licensor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
  15. VARIATION
    1. We may from time to time change any part of this Agreement and will post such changes to you via email and to our website (www.bobcloud.net/old_bob/terms-and-conditions/).
  16. SEVERABILITY
    If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  17. PASSWORD PROTECTION, DATA PROTECTION AND DATA ENCRYPTION
    1. Your backup jobs are encrypted with a password you choose at the time of creating the backup job. If you don’t specify an encryption password, the system will generate one for you. This is a new change in version 7 which we launched in March 2017. Previously on version 6 the encryption password was set when the account was created and all backups used the same encryption password, although this could be changed when a backup job was created. Everyone who creates backup jobs should be aware of how to specify their own encryption password or view the system generated encryption password. This tech doc will explain both processes – Encryption passwords ‘must know’.
    2. YOU are at all times responsible for keeping a written copy of your encrypted password in a safe place. You will only require the password when you need to restore data and that may only happen years after the backup has been created. We DO NOT store your encryption passwords.
    3. Without the encryption password you will NOT be able to restore your data.
    4. It is possible within your portal to store a copy of your password when you create a new user. This feature should be used at your discretion and should only be used in addition to storing 2 written copies of your encryption password on separate systems. We will also have the ability to read your encryption password if you choose to store it in your portal.
    5. Your data is encrypted at all times when stored on our service if you have chosen to encrypt your data. You can specify your data NOT to be encrypted at the time of backup. Therefore it is possible for us to read your data.
    6. If at any time we ask for your encryption password to restore your data or you have asked us to restore some data for you, we will be able to view your data in its original form.
  18. ENTIRE AGREEMENT
    1. This Licence and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Software and Documentation and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into this Licence, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this Licence except as expressly stated in this Licence.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Licence (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in this Licence.
  19. LAW AND JURISDICTION
    This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.
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