General Terms and Conditions
Storvault Cloud Services
These terms and conditions were last updated on 6 September 2021.
- The services consist in the provision of a software agent or an account to enable one of our services which are the Backup-as-a-Service, Storage-as-a-Service, FileSpace or MetallicTM, for an agreed amount of your data and the availability of that data for the service period. You may also purchase a combination of them. Each one is “a service” and together they are defined as “the services”.
- In these terms StorVault is referred to as “us” or “we” or “StorVault” and these terms refer to the customer as “you”, “your” and “customer”. A “customer” includes a reseller, distributor and end user unless otherwise indicated.
- These General Terms and Conditions(the terms) apply:
- to orders and sales of services over or through our portal which can be accessed at our website at www.storvault.co.za (referred to as “the website”) and orders and sales of the services in any other manner;
- to the provision of the services by us to you;
- to all customers, whether you purchase the services for cash, on account, or on credit;
- to all customers, whether individuals or companies; and
- in relation to collection of your data, any promotions, and any other terms that may apply from time to time.
- 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 these 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 of these sets of terms and conditions are referred to as “the terms”.
- 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.
- You will require access to the portal to receive the services, and access will only be given once you have completed Registration.
- If you have any queries about these terms, please contact us at email@example.com.
General Terms and Conditions
- The services are owned or licensed 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 firstname.lastname@example.org any time, and a response will be provided as soon as possible during working hours.
- The services are provided at the StorVault backup site which is a data centre situated at Teraco Campus, Brewery Street, Isando (referred to as the “backup site”).
- We use the following definitions in the terms and conditions:
- “this agreement” means these terms and conditions which you must accept before you can use the services and any other terms and conditions which are incorporated into this agreement by reference;
- “availability period” means the period of 30 days which you have to retrieve your data calculated from the end of the expiry of the notice period;
- “the backup” means data provided by you to us which we store as a primary or secondary copy;
- “backup site” means the data centre situated at Teraco Campus, Brewery Street, Isando or the backup site selected by Commvault in relation to the Metallic services;
- “capacity” means an agreed amount of data;
- “customer” includes a reseller, distributor and end user unless otherwise indicated;
- “the customer environment” means your premises and/or your device where and the system in which the data is stored;
- “data” means electronic representations of information in any form (as defined in the Electronic Communications and Transactions Act, Act 25 of 2002);
- “distributor” means the person who provides a distribution service which may include other products or services as well as the services;
- “end user” means the individual or company who uses the services;
- “intellectual property” means our 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;
- “Metallic service terms” means the various terms and conditions which apply in addition to these terms and conditions, if you choose to use the Metallic service, which you must take note of and comply with;
- “the notice” is the notice which StorVault will use to notify you of the termination of the agreement with you;
- “the operator” means Commvault, the provider of the Metallic service (known as “controller” or “processor” in the Metallic service terms);
- “POPI” means the Protection of Personal Information Act, 2013;
- “personal information” includes identity numbers, addresses, full names of individuals, email addresses, telephone numbers, bank details for debit order purposes and credit card details for monthly payments; but you can find a full definition of this term in POPI;
- “reseller” means the person who enters into this agreement with us on behalf of its own end users to enable them to access the services;
- “service/s” means any one or more of Backup-as-a-Service, Storage-as-a-Service, FileSpace or Metallic service, which provides an agreed amount of your data, and the availability restoration of that data for the service period;
- “StorVault”, “we” or “us” means a business unit of Sithabile Technology Services Pty Ltd;
- “the StorVault terms” means the General Terms and Conditions and the Website Terms and Conditions;
- “you”, “your”, and “customer” means the person entering into the agreement with us;
- “your data” means any information in electronic form that you provide to us in the course of our providing any of the services; and
- “the website” means storvault.co.za.
- The terms and conditions in this section apply to all of the services, however, additional terms and conditions also apply to each of the services. You must read this section with the section that applies to the service or services you are buying from us.
- We are authorised to license the use of the named service in part or together with other services, provided that StorVault offers the licence and/or the services in the licensed form.
- Please ensure you have read and agreed to the Website Terms and Conditionsif you are purchasing the services from the website.
- 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, or apply other terms and conditions to its own relationship with you if these are obligatory in terms of your licence to use those services.
- 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. In the case where a reseller or distributor purchases services, the reseller or distributor as the case may be, is responsible for compliance with these terms by all end users to whom that entity may provide any of the services and StorVault will hold the that entity liable for any act or omission by any end user, jointly and severally with that end user.
- Services do not include your connection to the internet, your browser, your network security and any equipment that you use including a device.
- Our services are available for use only by the person registered with StorVault as a customer and their authorised end users.
- Registrationmay take place in person with our sales team, or on the website.
- Once services have been ordered and StorVault accepts the order, payment must be made immediately. There are payment options described in the Price and Payment
- 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 agrees to reconnect you.
- Services may be sold in maximum or minimum amounts of capacity per customer and per month or other agreed period, and StorVault may permit you to upgrade your capacity if you pay the pro rata difference between the price you were paying and the price for the increased amount of capacity.
- The software agent (if applicable) and account number allocated to an individual customer who is a natural person may only be used by that specific individual.
- You may not assign your rights or cede your obligations under terms of this agreement, without StorVault’s prior written permission. This shall not be unreasonably withheld, provided that the assignment or cession arrangement incorporates all of the terms.
- 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 the backup in terms of your Backup-as-a-Service or your data transfer as part of Storage-as-a-Service, FileSpace or Metallic services (“backup” or “data transfer activities”) may take. You should not interrupt the backup or data transfer activities as this may result in a service failure. If the connection is not active, the services will not work properly or at all.
- Your premises and/or your device are the premises and/or device where 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 should 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.
- Where we use the term “data” this term means electronic representations of information in any form (as defined in the Electronic Communications and Transactions Act, Act 25 of 2002).
- Backup-as-a-Service consists 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.
- StorVault may be able to deselect certain types of files when executing a backup if you have requested this type of licence or if certain files are not appropriate for backup in StorVault’s discretion.
- Please note that the backup is a secondary copy – this means that you still need to retain your primary data on your own system.
- The services (Backup-as-a-Service) 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.
- If you do not allow a backup (Backup-as-a-Service) 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.
- 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 otherwise you will be charged for the additional capacity used.
- 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.
- You may ask StorVault to provide access to your data during the service period, subject to these General Terms and Conditions.
- At no stage do we have sight of nor are we able to amend or otherwise use your data and we do not need to access or use your data for any reason.
- Storage-as-a-Service consists in the provisioning of an account for an agreed amount of storage (referred to as “capacity”) for data provided by you.
- The services consist in the provision of a software agent to enable storage of an agreed amount of data (referred to as “capacity”) provided by you, as the primary copy of your data.
- The Commvault, the providers of the Metallic service, require us to notify you of the other terms and conditions that will apply if you use this service. These can be found at the following links:
- Metallic customer terms and conditions – https://metallic.io/msp-customer-terms-and-conditions
- Metallic DPA – https://metallic.io/data-processing-addendum
- These terms and conditions may change from time to time and we may not be notified of those changes, however, we will use reasonable efforts to determine what the changes are and to notify you. We recommend you check the relevant terms and conditions referred to in clause 38 from time to time.
- Please note that in order for Commvault to provide certain technical support services to you or billing information to us, they may have to access your personal information, although this will be limited to the type of information, access and processing that is described in the Metallic DPA. Because their technical support staff are situated outside of South Africa, this personal information may be transferred outside South Africa under these circumstances and for these purposes.
- 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 through the portal.
- Please ensure that you are familiar with the General Terms and Conditionsand the Website Terms and Conditionsbefore you register, as registration will indicate to StorVault that you have accepted all of the terms and that we and you have entered into an agreement on the basis of the terms.
- 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 Paymentfor more on debit orders).
- If a reseller or distributor registers with us with the intention of providing the services to a customer, the reseller or distributor as the case may be, shall be responsible for the actions and omissions of every end user and for their breach of these terms. It is the responsibility of the reseller and distributor to make these General Terms and Conditions and the Website Terms and Conditions known to every end user.
- The software agent (if applicable) and account number allocated to an individual customer who is a natural person 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 you may not be able to retrieve or access data without this information.
- 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.
- You acknowledge that StorVault may be required to provide your information to law enforcement agencies in terms of a national law.
- If you terminate the services, or for any other reason, you may ask StorVault to delete your information. Once it is deleted we will not be able to provide services to you.
- The price for each service or period of time 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, or by email from StorVault. Prices will include VAT.
- When you place an order and StorVault accepts it, you will be required to make payment by monthly debit order, credit card or on other 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, and we will rely on this representation to authorise your use of the services. If you are paying by credit card, StorVault only accepts VISA or Mastercard.
- StorVault may also use the information provided by you to carry out a credit check prior to accepting an order and/or payment instruction.
- In the case where a reseller or distributor concludes an agreement with us, the reseller or distributor as the case may be will be responsible for all payments due by all of its end users which means that StorVault will hold the reseller or distributor liable (as the case may be).
- Monthly debit orders, or payment on receipt of invoice will be required for services and credit card payments may also be accepted in StorVault’s discretion.
- StorVault does not warrant the availability, utility and security of any online payment mechanism if you pay by credit card.
- 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. Our invoices are payable on receipt.
- 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.
- You will need to notify StorVault when your credit card expires and if any bank details change.
- 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.
- StorVault does not provide refunds for any reason once an order has been accepted and the software agent (or account information) has been provided to you. If you wish to cancel an order, you must do so on the portal, but you will still be liable for the first payment.
- Delivery of services to you will take place once your payment or payment method as the case may be, has been approved.
- Delivery takes the form of an authorisation from StorVault sent to you as a software agent (where applicable) to be downloaded, or you may be required to create a password on the portal to gain access to the services.
- It is your responsibility to secure the software agent (where applicable) and your account information and any password, to prevent unauthorised access to the services. We do not have access to your password.
- If for any reason the services do not install properly (where you have been provided with a software agent), you must notify StorVault immediately. If you do not notify StorVault within 24 hours of approval of your account, StorVault can 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 payment will then be due and payable.
- Neither delivery of the software agent (where applicable) or use of the services will transfer ownership in the services to you. Registration and payment allow you the right to use the services and install the software agent (if applicable).
- We do not process personal information EXCEPT as set out below. We provide systems and software in order to enable the services.
- When we provide services to you, we do not process any personal information that you may include in the data you provide to us because we do not access that data at any time or do anything with that data other than back it up or store it at your request. We are not a “responsible party” nor are we an “operator”, as these terms are defined in POPI in relation to that data. If you include personal data in the data that you wish to backup, we are not able to identify this.
- The Metallic service is provided by us to you subject to various terms and conditions that apply in addition to these terms and conditions, and which include data protection terms and conditions that are aligned with the General Data Protection Regulation or “GDPR”. The GDPR applies in many other countries where Commvault provides or supports the Metallic services. It is very similar to but not the same as POPI. Please make sure you read and understand the Metallic DPA (see clause 38). In particular, you should note that in terms of the GDPR, Commvault may gain various rights to process your personal information when you use their platform to backup your data.
- Resellers and distributors may register with us on behalf of end users but we will treat you, the reseller or distributor, as our customer. Resellers and distributors may be companies or individuals. For the avoidance of doubt, if a reseller or distributor provides any personal information to us on behalf of end users, they will represent to us that they have complied with POPI in obtaining and processing that personal information. Neither a reseller nor a distributor is a StorVault operator nor is a reseller or distributor an authorised representative of StorVault.
- We are not liable for the speed of your internet connection or for any interruptions in the backup or data transfer activities occasioned by any other service provider or underlying network; and you acknowledge that internet communications and transactions are not error-free nor entirely secure.
- We are not liable for failure of either or both of the backup or data transfer activities caused by a failure or interruption of your internet connection or any part 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.
- We have selected the backup site because it is regarded as one of the most reliable, secure and stable environments in South Africa, but we 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, we do not provide any guarantees regarding security at the backup site provided that we 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.
- We will not inspect or review any data which you make available for backup (for example, through Backup-As-A-Service).
- We are not liable for the content of your data (meaning the information in electronic form that you provide to us in the course of our providing services to you) and you indemnify us against any claims by third parties related to the content of your data in relation to which you have used our services; 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.
- We are not liable for any other problems that may result from the problems referred to above; 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, pandemic, civil unrest or government intervention).
- Your use of the services, website, portal and payment mechanism is at your sole risk and these are provided to you “as is”. StorVault makes no representations or warranties concerning any of them other than that they are maintained in line with best of breed industry standards for similar systems and services.
- Our total liability in any year arising from any cause whatsoever under this agreement, shall be limited to the fees you have paid for the services you ordered for a period of 12 months from the date when you first placed your order. We are not liable for any indirect or consequential loss whatsoever, (including, for example, loss of profit, and loss of business).
- We will, where possible, schedule maintenance or other work in relation to the website, the portal or the services so as to take place at night; but we 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 if the backup function will not be operating during that time.
- If you notice any issues with a service, you must report them to us as soon as possible.
- Support will be provided in terms of Annexure A.
- We own or have the right to license for use by you, each of 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, all of which we refer to as our “intellectual property”.
- You may not change, attempt to change, distribute, decompile, reverse engineer, circumvent the technology in the services or software agent, or deal with the intellectual property other than as set out in the General Terms and Conditions.
- You must give us 1 calendar month’s notice to terminate your service. Notice must be in writing to email@example.com. If you are purchasing services on a month to month basis, StorVault will continue to supply and charge for the service until you notify StorVault as set out in this clause.
- Once you have given notice to terminate the service it is your responsibility to retrieve your data within 30 days from the end of the expiry of the notice period (“availability period”). StorVault may de-activate the service at this time or continue to charge you for the service, in its discretion.
- At the end of the availability period or agreed period of use, the de-activation of the services means we will delete all data regardless of the service you have purchased, and you and every person authorised to use the service are obliged to then uninstall the software agent (where applicable) and you undertake to do so by agreeing to these General Terms and Conditions.
- We may terminate the services for your failure to make payment as set out in Price and Payment, whether on time or at all; or if we send you a notice in writing in the case of emergency; or if we or you have to terminate by legal order or direction; or in the case of your misuse of the services (each of which is “a breach”). If your breach is capable of remedy, we will require you to remedy the breach within 14 ordinary days, failing which StorVault shall notify you of the termination in writing (“the notice”).
- We 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 this section and in this case, the availability period shall be reduced to 5 days from date of the notice.
- If you wish to lodge a complaint about the services, please direct your query to the contact Storvault details.
- Storvault will investigate your complaint and respond to you within 14 days in writing.
- 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.
- 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.
- Credit card transactions conducted on the website are encrypted and administered by an online payment portal, subject always to the section on Liability.
- 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.
- 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.
- 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.
Annexure A: Service levels
- The helpdesk is the first point of contact for you to:
- report any problem with the services; or
- request a status update in respect of any reported problem; or
- submit a request for any additional or optional services or for any change to the existing services.
- A problem with services is referred to in this Annexure as an “Incident”.
- Service requests may be placed via telephone or e-mail during Designated Working Hours.
Phone: +27 (0) 11 848 7063 (Designated Working Hours only)
Email: firstname.lastname@example.org (Designated Working Hours only)
After hours telephone: +27 (0) 11 848 7063
These are 8:00am to 17:00pm, Monday to Friday, excluding public holidays. Support will be limited outside of Designated Working Hours.
- 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.
- The relevant Incident number must be quoted on all communications with the helpdesk.
- You must provide the following information when contacting the helpdesk:
- your or your representative’s name and contact telephone number;
- description of the problem and required services;
- any identity authentication information required; and
- such other information as may be required by StorVault for purposes of providing support.
- You must report Incidents to us with the correct classification, which is set out in the table below. We will confirm the class level of the Incident and respond with the applicable level of support. The level of support will depend on whether you report the Incident during Designated Working Hours or not.
- In the course of dealing with an Incident, we may identify a possible workaround. A “workaround” for these purposes means a method of using the service which avoids or minimises the effect of the Incident and which does not result in substantial inconvenience or expense to you. We will notify possible workarounds to you as soon as practicable following our initial diagnosis, and help you, if necessary, to implement the workaround.
- If we are not able to respond to any Incidents within the target time set out below, we will notify you of a revised timetable for providing you with updates regarding status. The target time does not apply except for Incidents reported during Designated Working Hours.
|Class Level of Incident||Definition|
|Class Level 1 – Critical|
Faults which affect production for the end user for example:
|Class Level 2 – Urgent|
|Class Level 3 – Minor|
|Class Level 4 – Monitor|
- StorVault’s support request escalation process and the response targets set out below apply to all customers with Incidents.
- 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 (during Designated Working Hours), and level of management awareness:
|Class Level of Incident||Definition|
|Response time (and engineer allocation)|
Level 1: 2 hours
Level 2: 2 hours
Level 3: 2 hours
Level 4: 2 hours
|Escalation to engineering management (from time of notification)|
Level 1: 4 hours
Level 2: 6 hours
Level 3: 2 days
Level 4: n/a
|Escalation to engineering manager (from time of notification)|
Level 1: 6 hours
Level 2: 8 hours
Level 3: 3 days
Level 4: n/a
|Customer response time|
Level 1: 30 minutes
Level 2: 1 hour
Level 3: 1 day
Level 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.
- 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.