CloudSafe Policies

Terms


CloudSafe Terms of Service 

Last updated: 29th May 2019

Welcome to CloudSafe! Thanks for using our services. We're glad you're trusting us with your backups and disaster recovery requirements.

These Terms of Service ("Terms") apply to your use of CloudSafe's website, products, and services. Please read them carefully and let us know if you have any questions.

By using CloudSafe, you agree to be bound by these Terms. If you're using CloudSafe on behalf of an organization, you agree to these Terms on behalf of that organization.

These terms and conditions of use constitute the entire agreement between CloudSafe and the Customer relating to the services provided by CloudSafe.

The Services we provide

Depending on the type of services you've chosen to use from us, as a customer you may be using service/s that include:

We may, at our discretion, modify the range of services that we decide to provide to you.

Content

All content on CloudSafe is protected by intellectual property laws. You'll find a few different types of content on our service.


Prohibited Activities

CloudSafe strives to maintain great service. To that end, we require you to respect these limitations, and we may terminate your account if you don't follow them.

You agree that if any of the provisions of this agreement is unenforceable then this/these unenforceable provisions will be deemed to be severed from this agreement and the remaining provisions of this agreement will continue in full force and effect.

Our Rights

We're always working to improve CloudSafe and make our services better, so we do reserve some rights. At our sole discretion, we may, at any time with or without notice change, eliminate or restrict access to our services, and modify, suspend, or terminate a user account, if we feel that you have acted in a manner that's contrary to the letter and spirit of this agreement.

CloudSafe is not liable for any damages because of these actions.

Customer Obligations

You agree to abide by all applicable local, state/provincial, national, and international laws and regulations and you also agree to be solely responsible for all acts or omissions that occur.

We also expect that you'll not interfere or attempt to disrupt any of our services and that you'll respect our intellectual property and not attempt to compromise our services our systems.

You commit to providing us with accurate information that we request during your service sign-up process, and that if this information changes, you'll contact us and notify us accordingly.

Other Sites and Services

CloudSafe may contain links to websites, services, and advertisements that we neither own nor control. We don't endorse or assume responsibility for any third-party sites, information, materials, products, or services.

Privacy

We value your business and we know your privacy is important to you. Accordingly, we have implemented this Privacy Notice which describes: how we collect and use personal information that you provide to us when you create a CloudSafe account, via our website or Apps; what we do with the information collected; and how you can exercise your privacy rights.

This Privacy Notice applies only to the information collected in respect of your account and does not apply to the content that customers store on our system, including any personal information. CloudSafe will not disclose, move, access or use customer content except as provided in the terms and conditions.





Security

We take the security of CloudSafe (and your personal information and service-related data) very seriously - we'll do whatever we need to in order to ensure that our systems remain functional and able to deliver the service/s you have subscribed for.

We use appropriate technical and organizational security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.

Therefore, we cannot guarantee its absolute security.

Phone & SMS

You may receive messages to verify your phone number and authenticate your login (if you choose that option, and once CloudSafe offers 2-factor authentication). Message & data rates may apply. Reply to the message with HELP for help or STOP to cancel.

Children

CloudSafe is only for users 13 years old and older. If we become aware that a child under 13 has created an account, we will terminate that account.

Fees Paid for Services

We'll notify you of our fee structure for the services we provide on the basis of a fee schedule.

We'll make all customers aware of changes to these fees as and when they occur, and we'll obviously endeavor to minimize the impact of any fee changes affecting our customers.

Unless we've otherwise agreed with you, all customers will pay the fees due for the service/s they want to purchase from us on signing up for the service/s, when those payments become due (this'll vary from service to service, but you'll be well informed of the details when you sign up for the service/s).

Typically, service fees are charged monthly in advance, and customers will be notified accordingly should this not be the case.

We (generally) expect that fees will be paid using a credit card - if you want to make any other arrangements, please contact us at accounts@cloudsafe.me.

If you don't pay your fees on time, we'll, unfortunately, have to discontinue your access to our services, and we will have to delete your stored data. Please be aware that once this step is taken, your date and backups are no longer recoverable - ever.

Also, unless we're notified 1 calendar month in advance that you would like to cancel the service/s provided by CloudSafe, your service will renew periodically on the same basis going forward (i.e. if you sign up for a 1-year service plan, every year on the anniversary of that service plan, you'll be billed yearly in advanced for the following year).

Effective Date

The effective date will be the date from which you agree to purchase any services from us - and generally, this is when you sign up and pay for (or commit to paying for) any service that we supply.

We'll start the service to you on registration, or soon thereafter.

Using CloudSafe in an Organization

If you set up CloudSafe for a business, organization, or other groups, you must operate your account consistent with your group's policies. If you are using a CloudSafe service set up by a group administrator, that administrator may be able to access, restrict, terminate, or remove information from your CloudSafe account.

Cancellation

You can cancel your service any time you'd like by simply signing in to your account, but please note that if you choose to cancel a term agreement before the end of that period (e.g. say you decide to cancel in month 8 of a 1-year service subscription), any discounts that may have applied will be recalculated and you'll be retroactively billed for the actual period the service was used for minus whatever discount you received when you signed up.

If you're on a monthly subscription, and you cancel anytime during the month for which the payment has been made, the cancellation will come into effect at the end of the month, and no refunds will be entertained.

Disclaimers, Warranties, and Limitation of Liability

CloudSafe is provided "as is" without any warranties, express or implied.

CloudSafe disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Remember that the CloudSafe service is a PERSONAL File-based Backup service (specifically for installation and use on desktop and laptop computers) so if you use the CloudSafe service to back up servers or files hosted on servers (including systems running and/or set up to act as servers, managing access to centralized and/or networked services for one or many users), then CloudSafe is not liable for ANY damages caused to any server/s during the use of the CloudSafe PERSONAL File Backup service.

All customers warrant to us that:

At the same time, we warrant to you that we'll always act in good faith and with regard to best practice, in the context of services we provide to you.

To the fullest extent allowed by South African law, CloudSafe won't be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use CloudSafe; (B) any third party conduct or content on CloudSafe, including any defamatory, offensive, or illegal conduct of third parties; (C) any unauthorized access, use, or alteration of your content; or (D) the loss or removal of any of your data stored on the CloudSafe platforms.

Further, due to the nature of the service provided, CloudSafe doesn't represent or warrant, despite our best efforts, that the Service/s or the Customer's use thereof will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.

We accept NO responsibility for data loss of any kind where the Customer or one of our agents assisting the Customer does NOT select the correct data to back up. You are solely and exclusively responsible for the selection of data to back up and for verifying that the correct data is being backed up on an on-going basis.

In the process of registering for our services, you'll receive a user name and password (and possibly other credentials). It's your responsibility to ensure that you keep these credentials confidential and that you let us know immediately if you believe that these credentials have been compromised in any way.

Note that - by default - we don't encrypt your backups and related data that you store on our platforms while utilizing our services. Our CloudSafe backup software will allow you the option of encrypting your backups, but should you choose to encrypt your backups, please be aware that the encryption key/password you use for this is entirely under your control and falls under your responsibility. Should you forget or lose the encryption key/password, we have NO way of decrypting your data, and if you aren't able to remember/recover your chosen key/password, your data will not be usable and cannot - under 
ANY circumstances - be decrypted!

Maintaining the confidentiality of these credentials (username, password, encryption keys, and any and all other credentials) is entirely your responsibility - you are solely responsible for any loss or damage it may suffer as a result of not maintaining the confidentiality of access to its CloudSafe account.

CloudSafe shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions or agreements entered into through the use of the Service.

The Customer specifically agrees that CloudSafe is not responsible for any content or data sent using and/or included in the Service. CloudSafe shall back up and store the data uploaded to the CloudSafe storage platform in the condition in which it is uploaded (encrypted - if set up by you - and password protected). For the avoidance of doubt - any data which is incomplete, infected with a virus or has any other defect, will be encrypted with all defects, compressed, and transmitted to the CloudSafe platform. If data is required to be restored to the client, the data will be restored in the same condition, i.e. any defective or 
corrupt data will be restored to the client computer.

CloudSafe and/or its suppliers, shareholders, directors, and employees make no representations about the suitability, reliability, availability, timeliness, security, and accuracy of the service/s for any purpose, other than those specified in these Terms and Conditions.

Otherwise than provided for in law, in no event will we (CloudSafe / CloudAfrica Hosting (Pty) Ltd) and/or our suppliers, shareholders, directors, and employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of any service/s we provide, with the delay or inability to use the Service/s, the provision of or failure to provide the Service/s, whether based on contract, delict, negligence, strict liability or otherwise, even if we have 
been advised of the possibility of such damages.

Your (i.e. the Customer's) ONLY remedy is to discontinue using the Service.

Arbitration and Opt-Out

We'd like to resolve any disputes fairly and quickly. Toward that end, if you have any issue with CloudSafe, please contact us and we'll work with you in good faith to try to resolve the matter.

If we can't solve the dispute informally, and if you are a resident of or have your principal place of business in South Africa, you and CloudSafe agree to resolve any claim against each other through final and binding arbitration, including claims against CloudSafe affiliates, officers, directors, employees and agents, and CloudSafe affiliates, officers, directors, employees and agents.

You and CloudSafe agree to submit the dispute to a single arbitrator facilitated by the Arbitration Foundation of Southern Africa (AFSA - http://www.afsa.co.za), and the location of the arbitration and the allocation of fees and costs shall be determined by AFSA.

The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses.

The arbitrator will decide whether a Dispute can be arbitrated.

If you opt-out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, or if you neither are a resident nor have a principal place of business in South Africa, you agree to resolve any claim you have with CloudSafe exclusively in a court within South Africa, for purpose of litigating all such disputes.

Nothing shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the services.

To the extent permitted by law, you agree to file any claim you may have against CloudSafe within one year after such claim arose. Otherwise, your claim is permanently barred.

Class Action and Trial Waiver

You and CloudSafe agree that each may bring disputes against the other only in an individual capacity and not on behalf of any class of people. You and CloudSafe agree not to participate in a class action, a class-wide arbitration claims brought in a representative capacity, or consolidated claims involving another person's account. You and CloudSafe agree not to combine a claim subject to arbitration under this agreement with a claim that is not eligible for arbitration under this agreement.

Your Right to Opt-Out of Arbitration

You may opt-out of the agreement to arbitrate. If you do so, neither you nor CloudSafe can require the other to participate in an arbitration proceeding. To opt-out, you must notify CloudSafe within 90 days of the date that you first agreed to these Terms. To opt-out by mail, send your written opt-out notice to this address:

CloudSafe Arbitration Opt-Out
c/o CloudAfrica Hosting (Pty) Ltd
P.O. Box 87268, Houghton
Johannesburg
2041
South Africa

Your written opt-out notice must include (1) your name and residence address; (2) the email address associated with your account; (3) a clear statement that you want to opt-out of this arbitration agreement; (4) date sent, and (5) your signature.

Alternatively, you can opt-out online by fully sending an email with the above information to: legal@CloudSafe.me.

General

This agreement shall be governed by and interpreted in accordance with the laws of South Africa.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CloudSafe as a result of this agreement or use of the Service.

CloudSafe's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of CloudSafe's right to comply with governmental, court, and law enforcement requests.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most 
closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the parties with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties with respect to the Service.

You hereby appoint as your address the physical address as specified in the "contact details" on the customer's CloudSafe website as the Customer's domicilium citandi et executandi for all purposes relating to this agreement.

This agreement may not be ceded by the Customer to any other party.

The clause headings in this agreement are solely used for the convenience of the parties and have no legal or contractual significance.

This agreement constitutes the sole record of the agreement between the parties in relation to the subject matter hereof.

Neither party shall be bound by any representation, warranty, promise, or the like not recorded herein.

No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of both parties.

This agreement supersedes all prior agreements, undertaking,s and arrangements existing between the parties relating to the subject matter hereof.

No Waiver

No waiver of any provision of these Terms shall be a further or continuing waiver of that term. CloudSafe's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.

Modification

The Terms may be modified from time to time. The date of the most recent revisions will always be at Terms and Conditions. If we make changes that we believe will substantially alter your rights, we will notify you. You'll agree to accept any changes or revisions to the Terms by continuing to use CloudSafe.

Contact

We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know at legal@CloudSafe.me.