Supplemental - HBOSS
Where a Customer purchases Hybrid Backup Off-Site Services (HBOSS) from Trustack, these Supplemental Terms shall apply, in addition to those in the Agreement.
Interpretation
These additional definitions apply:
Additional Service Charges | any storage or bandwidth or other charges payable by the Customer, over and above those set out in the Quotation, that are based on actual usage and future requirements. |
Commencement Date | the date outlined in the Quotation. |
Customer Content | files and other data belonging to the Customer. |
Customer Requirements | information obtained by Trustack in order to prepare the Quotation, as described in paragraph 3.4. |
Service Charges | the charges payable in consideration of the provision of HBOSS as set out in the Quotation, which shall be calculated at Trustack’s then current prices. |
Storage Device | the storage device on which the Customer Content is stored. |
Term | the term of these Supplemental Terms, as set out in the Quotation, including any Renewal. |
Veeam | backup software. |
These Supplemental Terms commence on the Commencement Date and will continue for the Term, after which they will remain in force and, unless otherwise agreed, shall automatically renew for successive 12 (twelve) calendar month periods (or such other period as agreed between the parties) (Renewal), subject to then current prices, until terminated by either party. Either party may terminate by providing at least 60 (sixty) days’ notice to terminate, to expire no earlier than the expiry date of the Term or Renewal.
2. Contents
2.1 HBOSS provides capability to remotely backup Customer Content.
2.2 Subject to paragraph 3.3, the Customer determines the volume of Customer Content and retention period that it is stored for within HBOSS.
2.3 The Customer will routinely back-up its Customer Content in HBOSS. Trustack accepts no liability or responsibility for the failure to store or deletion of any Customer Content.
2.4 The Customer will not:
2.4.1 transmit or store Customer Content that may infringe the intellectual property rights or other rights of third parties or that is illegal, tortious, defamatory, libellous, or invasive of another’s privacy;
2.4.2 transmit or store Customer Content belonging to another party without first obtaining all consents required by law from the data controller and/or data subjects for transmission of the Contents to HBOSS;
2.4.3 transmit any Customer Content that contains software viruses or other harmful computer code, files or programs such as trojan horses, worms or time bombs; or
2.4.4 interfere with or disrupt servers or networks connected to the HBOSS Backup Proxy or Veeam.
3. Storage Device
3.1 The Customer owns the Storage Device. The specification of the Storage Device is set out in the Quotation.
3.2 The Storage Device must be procured by the Customer from Trustack subject to its Supplemental Terms for sale of Equipment.
3.3 The amount of Customer Content which can be remotely stored will be dependent on the capability of the Storage Device, in addition to the data type and compression it achieves. The Storage Device is selected by the Customer following consultation with Trustack.
3.4 As part of the consultation, Trustack will determine the size of the Storage Device required as a result of the information provided by the Customer, which includes but is not limited to: the type of Customer Content; the volume of Customer Content; expected compression ratios; and/or retention policies required by the Customer. Trustack follow good industry practice (as set by Veeam) in order to recommend the appropriate Storage Device based on current Customer Requirements.
3.5 If the Customer Requirements change over time, Trustack shall advise the Customer what changes may be required (including changes to the Storage Device), and the Customer shall pay to Trustack the Additional Service Charges notified to it from time to time.
3.6 Trustack will liaise with the manufacturer of the Storage Device on the Customer’s behalf to seek to rectify any maintenance issues but the manufacturer remains responsible for the Storage Device in accordance with any warranties or contractual provisions for hardware maintenance which may be in place from time to time.
3.7 Trustack will hold the Storage Device in such data centre as Trustack may determine and may transfer data centres during the Term.
4. Veeam
4.1 To utilise HBOSS the Customer must be a Veeam user.
4.2 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.
4.3 It is the Customer’s sole responsibility to add HBOSS as a backup target to its Veeam solution and select this as the location for any Customer Content it wishes to reside in HBOSS.
4.4 Data is encrypted during transfer from the Customer’s system to the HBOSS platform using native Veeam processes.
4.5 Trustack shall not be liable for:
4.5.1 any downtime of Veeam or any failures of its service provision;
4.5.2 any communications provision which the Customer acknowledges is supplied and managed by a third party and is outside of Trustack’s control.
4.6 The Customer acknowledges that, as HBOSS is a remote backup service, it is 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. Retrieval of Contents
The Customer can retrieve Customer Content at any time using the standard Veeam restore functionality.
6. Limitations
The right to use HBOSS is personal to the Customer. The Customer agrees not to:
6.1.1 resell or make any commercial use of HBOSS; or
6.1.2 use HBOSS for illegal purposes.
7. Service Charges
The Customer shall pay the Service Charges and any Additional Service Charges and, for the avoidance of doubt, Trustack will be entitled to increase the Service Charges and Additional Service Charges at any time on written notice to the Customer.