Terms and Conditions
Last Updated: June 24th, 2021
DATABKUP SERVICE AGREEMENT
These Terms and Conditions are a legal contract between the client/user and databkup, its subsidiaries and affiliated companies and govern the services offered by databkup and that databkup may make available to you through the Site or other authorized distribution channels, and, unless different terms are present, any products or services made available from databkup through the Site.
Please read these terms and conditions of service agreement carefully. It contains the terms and conditions under which databkup will provide its services to you the client. It also contains terms and conditions that bind you in connection with the service order.
databkup is a company that offers online backup services, for Microsoft 365, and Google Workspace Services, directly from providers.
This agreement constitutes the entire understanding between databkup and the client with respect to the transactions contemplated herein. All prior or contemporaneous agreements, understandings, representations, oral or written, are superseded by this agreement unless explicitly included as an attachment.
TERMS AND CONDITIONS
1. THE SERVICES
databkup delivers backup and recovery solutions for businesses and managed service providers. Our portfolio of products includes protection solutions for Microsoft 365 and Google Workspace.
Our services include backup of data stored in Microsoft Exchange (Email, Folders, Contacts, Calendar, Tasks); Microsoft SharePoint (Sites, Libraries, Documents of any previous version); Microsoft OneDrive (Users, Folders, Files of any previous versions); Microsoft Teams (Membership, Settings, Posts, Channel, Files of any previous version).
databkup provides data backup services for Google Workspace Services, including but not limited to email, contacts, calendars and Google drive services.
The backups are executed directly from the service providers without accessing the clients network. Backups will be run automatically run at least 1 time a day.
Our services include data centers located in but not limited to Los Angeles, Dallas, and Tampa. Data is stored in AWS and Wasabi cloud storage.
We provide each customer with their own encryption key to ensure data security. Data is encrypted during transport using TLS 1.2 with 2048-bit certificates. Data is encrypted at rest using AES256-bit keys in the cloud.
The client accounts have no minimum user requirements, and the services are managed directly by databkup, setting up the necessary access, and providing as per the request of the client, the backups, and restores.
The backup service enables the user to retrieve data from their accounts, during the service period. databkup provides access to backup data on 24 X 7 basis, via tech support team, whom can be contacted by the designated administrators to perform all restores required. We give point in time recovery services, for any item from a specific date and time, as required by the client.
Customers have no restrictions on the amount of storage space used for backups. The customer can select the data retention time period for the backup process to follow. Customers will be billed according to the amount of storage that is actually used to hold their data and all versions kept according to the retention policy specified.
2. FEES
The service fees structure is based on the number of unique users, and data to be backed up.
Our current monthly fees for use of the databkup Services are set forth in the Site under Pricing.
Conditions for billing cycle, payment methods, and currency are intermediate by the Revenue Delivery Platform Paddle. The Terms and conditions for such service are a part of this agreement, and can be accessed at:
https://paddle.com/legal-buyers/
3. TERM
The term of this agreement will begin on the date the client activates the service, and it will continue for the period agreed upon, or a written notice from the Client declaring the termination of services. The service is billed in monthly increments and no partial refunds will be provided.
4. TERMINATION OF SERVICES
The services will be terminated if the Client breaches the provisions of these Terms and Conditions, and does not desist from the conduct that breaches the terms, even after a written reminder within a period of seven working days.
If the Client is unable to pay or insolvency proceedings are instigated in respect of the Client's assets or an application for the instigation of such proceedings is rejected for lack of assets to cover the costs, the service will be terminated immediately;
Upon termination of the databkup Services, we will use reasonable commercial efforts to send notification of such termination to the email address provided to us by the Client, informing that access to our Services will be discontinued.
An invoice will be created on the first day of the month based on the usage from the previous month. The client will need to contact databkup if there are any discrepancies with the invoice before the 5th of the month. The client will be billed according to their selected payment method on the 5th of each month. If payment is not received by the 10th of the month then all services will be suspended. If payment is not received by the 15th of the month then the contract will be terminated and customer data will be deleted.
5. DATA
databkup will not be liable in any case, for any termination or deletion of backed up data. Access to data is not guaranteed and databkup is not liable: If third party providers such as Microsoft or Google cloud infrastructure where the Client´s data has been stored has an outage or data is destroyed, databkup is not liable.
If our site/services are down due to maintenance or any other reason beyond our control, we will take the necessary measures to restore services as soon as possible.
databkup is not responsible if any software/hardware/operator failure results in deletion of your backup data or accounts at our site or services; or if Google or Microsoft restricts or denies access to your data for us to backup; or if your subscription terminates or is suspended.
6. PROPRIETARY INFORMATION
The client declares by accepting these Terms and Conditions, that it is the sole owner of the Data requested for backup, and that retains all title, ownership rights and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Data.
7. INTELLECTUAL PROPERTY
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, calendar, queue services, and any other content including the trademarks, service marks and logos contained therein are owned by or licensed to databkup.
8. PRIVACY POLICY
databkup respects and protect privacy rights of clients and users. For this reason, we have created our Privacy Policy that describes our collection, use and disclosure practices regarding any personal information provided to us using the Site.
Please review our Privacy Policy at: https://databkup.com/privacy.html
9. DISCLAIMER
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) AND THE BACKUP SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANT-ABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, DATABKUP DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE.
DATABKUP MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE OFFERINGS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, OFFERINGS, MATERIALS AND ANY INFORMATION CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO USERS ON AN AS IS, AS AVAILABLE AND WHERE IS BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NETAPP DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
NOTHING IN THE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
10. INDEMNITY
The client agrees to defend, indemnify and hold harmless databkup, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney´s fees) arising from: (i) the use of the Site (ii) violation of these Terms (iii) violation of any third party right, including without limitation any copyright, property, publicity or privacy right any claim that caused damage to a third party.
11. MODIFICATION TO THIS TERMS
databkup may, at its discretion, change the features of its online service.
12. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands without regard to conflict of law rules.
13. JURISDICTION
Purely for purposes of venue and jurisdiction of adjudicating any dispute arising under this Terms and Conditions, the parties hereto and their successors and assigns agree that the federal and state courts located in British Virgin Islands shall have exclusive jurisdiction over them.
14. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the Client, but may be assigned by databkup without restriction or notification to You.
15. SEVERABILITY
Should individual provisions of this terms be void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire agreement.
