Supplemental - iLand
Where a Customer purchases iLand Services (as defined below) from Trustack, these Supplemental Terms shall apply, in addition to those in the Agreement.
Interpretation
These additional definitions apply:
Customer Contents | files and other data belonging to the Customer. |
iLand | iLand Europe Limited (company number: 06366153). |
iLand Services | iLand provide backup and restore of Office 365 data – specifically Exchange Online, SharePoint Online, OneDrive for business, and Office 365 Groups. The Quotation sets out a description of the specific iLand Services purchased by the Customer. |
iLand Fees | the fees payable by the Customer for the iLand Services as set out in the Quotation. |
iLand Term | time period as described in the Quotation, and thereafter any Renewals. |
Start Date | date described in the Quotation. |
Support | Trustack provide 1st line support services to the Customer where the iLand Services are completely unavailable or not functioning. No support is provided for business as usual administration tasks, user assistance or “how to” queries. |
1. Term and Termination
1.1 Unless otherwise terminated, the iLand Services shall commence on the Start Date, and shall continue for the iLand Term. Thereafter, unless otherwise terminated, the iLand Services shall continue to automatically renew for periods equal to the iLand Term (for example, if the iLand Term is 12 (twelve) months, these Supplemental Terms will automatically renew for successive 12 (twelve) calendar month periods) (Renewal).
1.2 Trustack may terminate these Supplemental Terms at any time by providing written notice to the Customer.
1.3 The Customer may terminate these Supplemental Terms by providing at least 60 (sixty) days’ notice to terminate to expire no earlier than the expiry date of the iLand Term, or any Renewal.
1.4 If a Customer wishes to terminate provision of iLand Services, part way through the iLand Term, the Customer shall pay to Trustack an amount equal to seventy-five percent (75%) of the iLand Fees that would have been payable through the end of the then-current iLand Term.
1.5 The Customer shall pay the iLand Fees in accordance with Trustack’s instructions.
1.6 Upon termination of these Supplemental Terms for any reason, all licences for use of the iLand Services shall be terminated, therefore the Customer shall be required to immediately uninstall and discontinue use of the iLand Services.
1.7 In the event these Supplemental Terms are terminated, it is the Customer’s responsibility to migrate any of the data residing within the iLand Services prior to termination. Trustack may assist the Customer on a chargeable basis if required. Failure to extract data will result in loss of data, for which Trustack shall not be held liable whatsoever or howsoever arising.
2. Warranties
As Trustack is reselling the iLand Services to the Customer, Trustack excludes, as far as is permitted by law, all warranties of any kind, express or implied, with respect to the iLand Services.
3. Acceptable Use Policy
The Customer shall comply with iLand’s acceptable use policy, which shall be notified to the Customer by Trustack (but in any event can be found here: https://www.iland.com/legal/acceptable-use-policy/). Any breach by the Customer of the acceptable use policy shall be deemed to be a material breach and therefore is a terminable event.
4.1 If the iLand Services are not available 100% of the time in each calendar month, please contact Trustack using the details as outlined in the Quotation.
4.2 Unavailability means:
4.2.1 the Customer can neither transmit nor receive data to or from the iLand Services (whereby inability is confirmed by way of evidence provided by the Customer that verifies said inability is due to an issue with iLand’s equipment); and
4.2.2 such inability has been communicated to iLand (through Trustack) in sufficient detail to enable iLand to open a case in respect thereof.
4.3 The iLand Services shall not be deemed to be unavailable in the event of the following:
4.3.1 any circumstances that are not within the reasonable control of iLand or Trustack;
4.3.2 virus activity or hacking attempts;
4.3.3 a force majeure event (clause 18 in the Agreement (Force Majeure));
4.3.4 in accordance with a court order or any requirements of any authority or other competent local authority;
4.3.5 periods of scheduled or emergency maintenance of which the Customer has been notified;
4.3.6 failure of the Customer’s connection or related problem;
4.3.7 failure or malfunction of equipment, software, or other technology not owned or controlled by iLand or Trustack (unless the Customer has paid for Trustack’s support services);
4.3.8 a malfunction that results from any action or inaction of the Customer or a third party (except Trustack);
4.3.9 a malfunction that results from anyone gaining access to the iLand Services by means of Customer passwords or equipment; or
4.3.10 unavailability of any management console or APIs.
4.4 Trustack shall provide first line technical support to the Customer.
5. Backup and Restore
5.1 To utilise the iLand Services the Customer must be a Veeam user.
5.2 Use of Veeam is subject to agreement by the Customer of Veeam’s terms and conditions of service. In the case of conflict, the Veeam terms and conditions of service prevail in relation to usage of Veeam only.
5.3 It is the Customer’s sole responsibility to add the iLand Services as a backup target to its Veeam solution and select this as the location for any Customer Content it wishes to reside in the iLand Services.
5.4 Data is encrypted during transfer from the Customer’s system to the iLand Services using native Veeam processes.
5.5 Trustack shall not be liable for:
5.5.1 any downtime of Veeam or any failures of its service provision;
5.5.2 any communications provision which the Customer acknowledges is supplied and managed by a third party and is outside of Trustack’s control.
5.6 The Customer acknowledges the iLand Services are subject to the limitations of the internet, which is a public network, over which Trustack has no control. Trustack shall under no circumstances whatsoever be liable to the Customer for any losses which directly or indirectly arise as a result of this.
5.7 The Customer can retrieve Customer Contents at any time using Veeam Explorer for Office 365 or the iLand Services.