General Terms and Conditions

Storvault Cloud Services

These terms and conditions were last updated on 17th April 2019.

Important information

  1. The services consist in the provision of a software agent to enable the backup and storage of an agreed amount of your data and the restoration of that data to you on request (the services).

  2. In these terms Storvault is us and these terms refer to the customer as “you”.

  3. These General Terms and Conditions (the terms) apply:

    1. to orders and sales of services over our website at www.storvault.co.za (referred to as “the website”) and orders and sales of services in any other manner;

    2. to the provision of the services;

    3. to all customers, whether you purchase the services for cash, on account, or on credit;

    4. to all customers, whether individuals or companies;

    5. in addition to the Website Terms and Conditions if you are buying our services over our website; and

    6. in relation to collection of your data, any promotions, and any other terms that may apply from time to time.

  4. If you wish to access the Storvault website and use the website to order or transact for services, you will also have to agree to the Website Terms and Conditions. If you do not accept the terms but continue to use the website, you will be deemed to have accepted the General Terms and Conditions and the Website Terms and Conditions (both referred to as “the terms”).

  5. For your convenience, you can download all the terms, or you can read any section of the terms by clicking on a section heading. All of the sections are binding, whether or not you read or download them all.

  6. You will require access to the customer portal to receive the services, and access will only be given once you have completed Registration.

  7. If you have any queries about these terms, please contact us at sales@storvault.co.za

About the company

  1. The services are owned and provided by Sithabile Technology Services Pty Ltd (referred to as “Storvault”, “we” or “us” in these terms). Storvault is a South African company with registration number 2004/009201/07. Our registered office is situated at Unit 8, Cambridge Commercial Park, Witkoppen Road, Paulshof, Sandton. You may contact sales@storvault.co.za at any time, and a response will be provided as soon as possible during working hours.
  2. The services are provided at the Storvault backup site which is situated at Teraco Campus, Brewery Street, Isando (referred to as the “backup site”).

The services

  1. The services consist in the provision of a software agent to enable backup and storage of an agreed amount of data (referred to as “capacity”) which data is provided by you, (referred to as the “backup”), and the restoration of that data to you on request.
  2. We are authorised to license the use of the service in part or together with other services, provided that Storvault offers the licence and/or the services in that form.
  3. Storvault may be able to deselect certain types of data such as movies when executing a backup, provided you have requested this type of licence.
  4. Please note that the backup is a secondary copy – this means that you still need to retain a copy of your data on your system if you want to continue to use that data.
  5. Please ensure you have read and agreed to the Website Terms and Conditions if you are purchasing the services from the website.
  6. Storvault may change or vary the services from time to time and will try to notify you when it does so. The services are dependant in some cases, on third party suppliers and in some cases, Storvault may have to decline an order for reasons specific to the third-party supplier.
  7. Services may be sold in maximum or minimum amounts of capacity per customer and per month and Storvault may permit you to upgrade your capacity at any time by paying the pro rata difference between the price you were paying and the price for the increased amount of capacity.
  8. Services may be provided to more than one person if you authorise and pay for this, however delivery will take place to one authorised person only per customer.
  9. You may increase the number or type of services you order and pay for, provided that you will be billed for every service and for capacity in excess of the agreed capacity, every month. You will receive notice if you have exceeded the agreed capacity.
  10. Services do not include your connection to the internet, your browser, your network security and any equipment including a device.
  11. Our services are available for use only by the person registered with Storvault as a customer and their authorised users, subject to clause 17. Registration may take place in person with our sales team, or on the website.
  12. Once the services have been ordered and Storvault accepts the order, payment must be made immediately. There are payment options described in the Price and payment section.
  13. You may request Storvault to restore your data from the backup, at any time subject to these General Terms and Conditions.
  14. Storvault may suspend or terminate provision of the services if you fail to pay on time or at all, or if you are in breach of any provision of the General Terms and Conditions. You may be required to pay a reconnection fee to continue to receive services, if Storvault consents to reconnection.

Delivery

  1. Delivery of services to you will take place once your payment has been approved.
  2. Delivery takes the form of an authorisation from Storvault sent to you as an account number and software agent to be downloaded. You may be required to create a password on the customer portal to gain access to the services.
  3. It is your responsibility to secure the software agent and your account information and any password, to prevent unauthorised access to the services.
  4. If for any reason the services do not install properly, you must notify Storvault immediately. If you do not notify Storvault within 24 hours of approval of your account, Storvault may assume that delivery has taken place successfully and may charge you a callout fee if you require further assistance to access the customer portal. Your fees will then be due and payable.
  5. Delivery of the software agent and use of the services does not transfer ownership in the services to you, but only the right to use the services and install the software agent.

Price and payment

  1. The price for each service or period that you have selected, will be as reflected on the website or as advised to you by a duly authorised sales person in writing, on a Storvault letterhead. Prices will include VAT.
  2. When you place an order and Storvault accepts it, you will be required to make payment by monthly debit order, credit card or approved payment terms. Bank or credit card details (as the case may be) that are supplied by you to Storvault will be deemed to authorise Storvault to deduct payment of the price from your bank or credit card. You will be representing to Storvault that you have authorised the deduction and that there are sufficient funds to make the payment. Storvault only accepts VISA or Mastercard.
  3. Storvault may also use the information provided by you to carry out a credit check prior to accepting an order and/or payment instruction.
  4. Monthly debit orders will be required for certain services and credit card payments may be accepted for certain services, in both cases, in Storvault’s discretion.
  5. Storvault does not warrant the availability, utility and security of any online payment mechanism if you pay by credit card.
  6. Bank details will be stored by Storvault or its representative solely for purposes of facilitating a monthly debit order. If Storvault accepts payment by credit card through an online payment portal, you will be required to re-enter your credit card details whenever you place an order and it is accepted. If you do not want your details to be stored by an online payment portal, you will need to advise that portal accordingly – Storvault takes no responsibility for the storage of your credit card details.
  7. You may request a tax invoice when you place the order. In some cases, Storvault may send you the invoice separately from the payment transaction. If you request a VAT invoice Storvault will require your VAT registration number.
  8. If a debit order is returned, you will be charged the bank fee associated with the returned debit order and your services may be suspended or terminated at Storvault’s discretion. This will not affect your liability for the payment you should have made, which Storvault may still debit against your account or your credit card or claim from you, together with any associated costs.
  9. You will need to notify Storvault when your credit card expires and if any bank details change.
  10. Failure to pay your account within 14 days of the due date will result in a suspension of the services and access to your data.
  11. Storvault does not provide refunds for any reason once an order has been accepted and the software agent has been provided to you. If you wish to cancel an order, you must do so on the contact Storvault details, but you will still be liable for the first payment.

Registration

  1. In order to purchase any of the services you will be required to register with Storvault to create an account in order to verify your authority to use the service in future. You may do so on the website or in person.
  2. Please ensure that you are familiar with the General Terms and Conditions and the Website Terms and Conditions before you register, as registration will indicate to Storvault that you have accepted the terms.
  3. Registration will require you to provide specific, accurate and complete information which, in the case of individuals, may include what is known as personal information including identity numbers, addresses, full names of individuals, email addresses, telephone numbers and bank details for debit order purposes (see Price and payment for more on debit orders). In the case of companies, Storvault will require the full company name and registration number, address, contact telephone numbers, details of the authorised representative, and bank details in the case of debit orders (see Price and payment for more on debit orders).
  4. Information referred to in clause 42 must be provided to Storvault for each person whose data is required to undergo a backup. You are obliged to notify Storvault of the number of users and the details of each person responsible for payment.
  5. The software agent and account number allocated to an individual may only be used by that specific individual. It is your responsibility to protect your software agent and account information (including any password you use to access your account) – we will not be liable for use of either or both by any unauthorised person, and we may not be able to restore data without this information.
  6. The information provided for registration will be retained by Storvault in a secure manner, and in addition to registration, may be used to credit check you, send you promotional material from time to time, notify you of important changes to the website or the services, and for statistical purposes (in which case it will be used in an aggregated and anonymised form). If you accept these General Terms and Conditions, then you will be deemed to have accepted the types of use of your information set out here. If you do not wish to receive promotional material, please contact Storvault.
  7. You acknowledge that Storvault may be required to provide your information to law enforcement agencies in terms of a national law.
  8. If you terminate the services, you may ask Storvault to delete your information.

Customer obligations

  1. You must have an internet connection to make use of the services. It is your responsibility to ensure that this connection is secure and active at all times. The slower your connection the longer a backup may take but you should not interrupt the backup as this may result in a backup failure.
  2. Your premises and/or your device are the premises and/or device at which and the system in which the data is stored (referred to as the “customer environment”). We highly recommend that you install an anti-virus programme to protect your data at all times in the customer environment. You may not do anything that will or would tend to cause any interference to the operation of the website or the portal, or the use by others of the website or the portal.
  3. The services will conduct the backup no less frequently than once per day, every day. This time will be determined by Storvault in its discretion, to maximise the efficiency of the service.
  4. If you do not allow a backup to take place then any data added after the time that the previous backup took place will not be backed up until the next time that a backup is scheduled.
  5. It is advisable to accurately assess the amount of data that you wish to back up in order to ensure that you have ordered the correct amount of capacity or you will be charged for the additional capacity used.
  6. You must keep your data, customer environment and software agent, together with the account information used for registration, secure; Storvault has no responsibility at all in this regard.
  7. You may not assign your rights or cede your obligations as the case may be, without Storvault’s prior written permission. This shall not be unreasonably withheld, provided that the assignment or cession arrangement incorporates all of these terms.

Liability

  1. For purposes of this section, “Storvault” includes its suppliers and representatives where these are appointed in connection with the provision of the services or the website.
  2. Storvault is not liable for the speed of your connection to the backup site or for any interruptions in the backup process occasioned by any other service provider or underlying network; and you acknowledge that internet communications and transactions are not error-free nor entirely secure.
  3. Storvault is not liable for a backup failure caused by a failure or interruption of your internet connection or any party of the system on which your data is stored within the customer environment; or the introduction or effect of any software virus, malware, or other internet disruptors, including hacking and cybersecurity issues that you may experience while you are using the services.
  4. Storvault has selected the backup site because it is regarded as one of the most reliable, secure and stable environments in South Africa, but Storvault may change the backup site if to do so would improve the operating conditions at the backup site or the quality of its service. Because the backup site disclaims liability for the security of data stored at the site, Storvault does not provide any guarantees regarding security at the backup site provided that it shall take all such steps as may be reasonable in the circumstances, to ensure the protection of data at the backup site, including the encryption of your data at the backup site.
  5. Storvault will not inspect or review any data which you make available for backup. Storvault is not liable for the content of any data and you indemnify Storvault against any claims by third parties related to the content of any data in a backup for example, if the content contains hate speech, racist or otherwise offensive content, or is offensive in relation to its portrayal of or reference to children, or if the content is in any other way or would tend to be considered to be unlawful content in terms of any law.
  6. Storvault is specifically not liable for any of the problems identified above or any other problems that may result from those problems; nor is Storvault liable for any actions or omissions by it that are caused by force majeure (meaning things beyond its control such as strike, fire, flood, or government intervention).
  7. Your use of the services, backup, website and payment mechanism is at your sole risk and these are provided to you “as is” and Storvault makes no representations or warranties concerning any of them.
  8. Storvault’s total liability in any year arising from any cause whatsoever under this agreement, shall be limited to the price you have paid for the service you ordered when you first placed your order, in that year. Storvault shall not be liable for any indirect or consequential loss whatsoever, including loss of profit.

Support

  1. Storvault working hours are 8am to 5pm on business days only (excluding weekends).
  2. Storvault will, where possible, schedule maintenance or other work in relation to the website, the services or the backup so as to take place at night; but Storvault may, for reasons of safety or necessity, need to undertake maintenance or other work during a working day and will attempt to give you notice beforehand that the backup function will not be operating during that time.
  3. If you notice any issues with the service, you must report them to Storvault as soon as possible. The Storvault helpdesk number is +27 11 848 7063 and the email address is support@storvault.co.za, and both are available during working hours only. The after-hours contact number is +27 82 828 0106.
  4. Support will be provided in terms of Annexure A.

Ownership of intellectual property

  1. Storvault owns or has the right to license for use by you, the website, the services and the software agent, and any updates or modifications to them together with any trademarks, logos, designs, source code, embedded links and patent related to them, or created or licensed by Storvault.
  2. You may not change, attempt to change, distribute, decompile, reverse engineer, circumvent the technology in the services or software agent, or otherwise deal with the services or the software agent other than as set out in the General Terms and Conditions.

Termination

  1. You may give Storvault 1 calendar months’ notice to terminate your service. Notice must be in writing to sales@storvault.co.za. If you are purchasing service on a month to month basis, Storvault will continue to supply and charge for the service until you notify Storvault otherwise.
  2. Once you have given notice to terminate the service it is your responsibility to restore your data from the backup within 14 days from the end of the expiry of the notice period (restore period) as Storvault will de-activate the software agent at this time.
  3. At the end of the restore period Storvault will delete the backup and you and every person authorised to use the service are obliged to then uninstall the software agent and you undertake to do so by agreeing to these General Terms and Conditions.
  4. Storvault may terminate the services for your failure to make payment as set out in Price and payment, whether on time or at all, or on written notice in writing in the case of emergency, by legal order or direction, or in the case of your misuse of the services. Storvault shall notify you of the termination in writing (the notice).
  5. Storvault shall have no liability to you or any third party in this case and you indemnify and hold Storvault harmless against any claim, loss or damage suffered by you or any third party as a result of Storvault’s termination of the service under clause 72 and in this case, the restore period shall be reduced to 5 days from date of the notice.

Complaints

  1. If you wish to lodge a complaint about the services, please direct your query to the contact Storvault details.
  2. Storvault will investigate your complaint and respond to you within 14 days in writing.

Governing law

  1. The agreement that is concluded when you accept the General Terms and Conditions, and/or the Website Terms and Conditions shall be subject to and governed by South African law, and you submit to the jurisdiction of the Magistrate’s Court of Randburg.

The Website Terms and Conditions

  1. In addition to these Website Terms and Conditions, all of the General Terms and Conditions also apply to the terms of use of the website and are binding on you. Please ensure you have read and understood the General Terms and Conditions. These terms deal with the description of the services, price and payment, delivery, your obligations, and termination procedures and rights.
  2. The website is provided primarily for advertising, providing information about the services or Storvault, or for placing an order and completing a purchase. You may not use the website and information contained in it for any other purpose.
  3. You must ensure that your software agent and any associated passwords and account information needed to access the services are securely stored and used only by you.
  4. Credit card transactions conducted on the website are encrypted and administered by an online payment portal, subject always to the section on Liability.
  5. Storvault takes reasonable steps to ensure that the services and the prices are accurately reflected on the website but if there are any errors in the way that either the services or the prices are described, Storvault shall not be liable for those errors and your sole remedy shall be to request a cancellation of your order.
  6. Storvault shall not be liable for any website or communication or third-party service that you may access or use during your use of the services or the website.
  7. The website may contain links to websites or content or internet resources of other companies or third parties which are provided solely as a convenience to you. Storvault does not endorse any of the linked websites’ content or resources and Storvault cannot give any guarantee that those links will work properly or at all.

Contact StorVault

For installation problems: support@storvault.co.za

For help: support@storvault.co.za

For contract queries: info@storvault.co.za

For sales: sales@storvault.co.za

Annexure A: Service levels

Definitions in the General Terms and Conditions apply to this Annexure A.

Helpdesk contact information

  1. The helpdesk is the first point of contact for you to: a) report any problem with the services; or
    b) request a status update in respect of any reported problem; or
    c) submit a request for any additional or optional services or for any change to the existing services.
  2. Service requests may be placed via telephone or e-mail during Designated Working Hours and via the after-hours telephone outside of Designated Working Hours if purchased:

Helpdesk Contact Information

Phone Designated Working Hours Only

+ 27 11 848 7063

E-mail Designated Working Hours Only

After Hours telephone Outside Designated Working Hours

+27 82 828 0106

Designated Working Hours

  1. These are only 8:00am to 17:00pm, Monday to Friday, excluding public holidays.

Procedure for contacting the helpdesk

  1. The helpdesk will receive the calls, log them, classify them and initiate response actions. If the request is not solved during the first contact with the helpdesk, an Incident Number will be issued to you for future reference.
  2. The relevant Incident Number must be quoted on all communications with the helpdesk.
  3. The helpdesk may be contacted by your authorized representative only. You must provide the following information when contacting the helpdesk:
    a) Customer and representative name and contact telephone number;
    b) Equipment description and Location;
    c) description of the problem and required services;
    d) any identity authentication information required; and
    e) such other information as may be required by Storvault for purposes of providing the support.

 

 

Incidents

  1. You must report Incidents to Storvault with the correct classification, which is set out in the table below. Storvault shall confirm the class level of the Incident and respond with the applicable level of support.
  2. In the course of dealing with an Incident, Storvault may identify a possible workaround. A “workaround” for these purposes means a method of using the Equipment which avoids or minimises the effect of the Incident and which does not result in substantial extra inconvenience or expense to you. Storvault shall notify possible workarounds to you as soon as practicable following initial diagnosis, and provide assistance to you, as necessary, to implement the workaround.
  3. If Storvault is unable to respond to any problems within the target time set out below, it shall notify you to agree an action plan to address the problem, including a revised timetable for providing you with updates regarding status. If Storvault fails to respond to an Incident within the target time indicated below (unless the Incident is a Vendor-related Incident), then clause 6 of this Annexure A will apply.

Class Level of Incident

Definition

Class Level 1 – Critical

Faults which essentially affect production for the end user, example:
Production System

  • System, server or critical application down
  • The user cannot make use of an essential function in the production system
  • The problem cannot be solved by a restart or a bypass or a workaround
  • The Backup service is unavailable

Development System
N/A

Class Level 2 – Urgent

Less acute faults, example:

Production System

  • High-impact problem where production is proceeding, but in a significantly impaired fashion
  • The production system is running, but with repeated interruptions
  • Time-sensitive issue important to long-term productivity that is not causing an immediate stoppage of work
  • Major issues with the Backup service on a production machine
  • Restores of non-critical production machines

Development System

  • The problem cannot be solved by a restart or a bypass
  • Halts further development – workaround has not been found.
  • Can’t go into production – workaround has not been found.

Class Level 3 – Minor

Other minor issues, example:

Production System

  • Minor problems which do not have a significant impact on current productivity
  • The production system is running, but with minor limitations
  • A function in the production system is failing, but there is a bypass available
  • Minor issues with the Backup Service of any data
  • Restore issues with any data

Development System

  • A function in the development system is failing, but there is a bypass available.
  • Development project can proceed, but in a significantly impaired fashion.
  • A workaround has been found but it is not acceptable in production.
  • Minor issues with the Backup Service of any data
  • Restore issues with any data

Class Level 4 – Monitor

Faults which do not affect the use of the system

  • Issue requiring no further action beyond monitoring for follow-up if needed
  • Requested configuration changes to the Backup service
  • Information requests on the Backup service

Fault escalation and time to respond

  1. Storvault’s support request escalation process and the response targets set out below apply to all Customers with Incidents.
  2. As an Incident is progressed within the helpdesk, various resources will be brought in to assist with the resolution. In parallel with this, various levels of management will be progressively made aware of the outstanding issue. The table describes the various stages of resource allocation, target time frames to respond, and level of management awareness:

Class Level of Incident

Definition

Response time (and engineer allocation)

Class 1: 2 hours | Class 2: 2 hours | Class 3: 2 hours | Class 4: 2 hours

Escalation to Engineering Management level 2 (from time of notification)

Class 1: 4 hours | Class 2: 6 hours | Class 3: 2 days | Class 4: n/a

Escalation to the Engineering Manager (from time of notification)

Class 1: 6 hours | Class 2: 8 hours | Class 3: 3 days | Class 4: n/a

Customer response time

Class 1: 30 mins | Class 2: 1 hour | Class 3: 1 day | Class 4: n/a

  • Customer Response time is the time within which you must respond to a Storvault request for additional information regarding an Incident. Failure to respond according to required Customer Response Time will result in a lowered priority of Class.
  • Response time is the time by which we will acknowledge an Incident by telephone or email.

These target time frames and escalation levels do not apply to Vendor-related Incidents.

  1. Support requests for Regional Sites will be addressed as soon as possible within Designated Working Hours and response targets agreed for Customers following the first response.
  2. Storvault will escalate the Incident within the various levels of its management pursuant to the Fault Escalation procedures, as set out above. Following escalation to the Engineering Manager and if the Incident is not resolved (and provided that the Incident is not a Vendor-related Incident), an Incident will be escalated to the Operations Manager for resolution.

Vendor-related Incidents

  1. When Storvault determines that an Incident is a Vendor-related Incident, it will immediately notify the Vendor regarding the Incident. You will be kept informed about progress.