Terms of Service

 Services

DATASTOR will provide the Service as a monthly subscription to Customer. All software and hardware shall remain the property of DATASTOR. DATASTOR will deliver, configure and manage the solution in accordance with the accompanying Service Level Agreement (“SLA”), which is provided below. 

DATASTOR will provide the following products and services (the “Services”) to Customer in accordance with the SLA: 

The initial setup will cover the delivery of the hybrid cloud storage appliance and configuring the hardware and software to Customer’s specification. 

It is the responsibility of the Customer to install, rack (if applicable), and power-up the Hybrid Cloud Storage appliance and provide all network connectivity. DATASTOR will configure the solution within the Customer environment. 

DATASTOR will configure and manage replication of onsite data to offsite cloud storage (Cloud Vaulting) using strong military grade AES-256 encryption. Customer is responsible for assigning encryption key and safeguarding this key. IMPORTANT NOTE: In the event this key is lost and no recovery key is available, data will not be recoverable from cloud storage. 

DATASTOR will manage up to 10 years of backup retention on premise with up to 10 years of backup retention offsite, as required, to meet Customer’s retention requirements. 

DATASTOR will monitor all backup and replication to storage device and manage offsite cloud storage. 

DATASTOR will support Customer in the event of any failure, which requires data restoration. 

DATASTOR will verify system recovery across all systems, no less often than once per month, and provide reports confirming recoverability. 

 

Payment Terms and Conditions 

Schedule of Payments 

Recurring Monthly Subscription Fee 

The first month’s subscription fee is charged upon order acceptance, and recurs monthly thereafter until the services is canceled. 

Cloud storage used in excess of subscription capacity will be billed at the rate of $50.00 per TB per month in arrears. 

Term 

This agreement shall remain in effect for three (3) years from the date of order acceptance (the “Initial Term”). Unless the Customer cancels the Services 30 days prior to the expiration of the Initial Term, this agreement shall automatically renew annually for an additional one (1) year. Customer may terminate this agreement, for convenience, at any time after the initial three-month term of service, with 30 days’ written notice. Customer is responsible for returning the Hybrid Cloud Storage appliance within 15 days of termination of the agreement. 

 

Service Level Agreement 

This Agreement represents the Service Level Agreement (“SLA” or “Agreement”) for the delivery of DATASTOR Shield™ Hybrid Cloud Storage (“HCS”) solution. 

The following Services are covered by this SLA: 

Installation and Configuration 

DATASTOR shall be responsible for the installation and configuration of the HCS solution. This will include: delivery of appliance to the Customer, setup and configuration of the HCS appliance and software, setup and configuration of cloud storage services for Customer for offsite replication of data stored to the HCS appliance. DATASTOR will complete initial backups for the Customer to ensure backups are performing properly. 

In order to complete the installation and configuration of the HCS solution, DATASTOR requires that Customer assist DATASTOR by providing necessary access to Customer’s networks to ensure proper configuration. 

Ongoing Services Provided by DATASTOR™ 

For the duration of the Agreement, DATASTOR shall be responsible for the ongoing monitoring and management of Customer’s regular backups, data replication to the cloud, HCS appliance performance, reporting, and Level 1 customer support. Level 1 customer support shall be available during regular business hours, Monday – Friday from 8AM to 5PM Mountain Time. 

Ownership of Appliance and Software 

DATASTOR shall forever retain ownership of appliance and software provided to Customer as part of the HCS solution. DATASTOR provides the HCS solution as a paid for service only. Nothing in this agreement, the accompanying proposal, shall be construed as a transfer of ownership of any appliance or software from DATASTOR to Customer. 

License to Use Appliance and Software 

DATASTOR hereby provides Customer with limited license to use the software and appliance provided with its HCS solution for the duration of the Agreement between the parties. This license shall automatically terminate upon the termination or conclusion of the Agreement between the parties. 

The use (if any), by Customer, of any software developed by DATASTOR as part of the HCS solution shall be governed by the terms and conditions of the DATASTOR End User License Agreement (“EULA”), which is provided to Customer herewith. 

Appliance Guarantee 

DATASTOR guarantees that the appliance components provided by DATASTOR as part of the HCS solution will perform properly and will replace any failed component at no cost to the Customer. The replacement process will begin when the cause of the problem has been determined. Replacement of any faulty appliance will be completed within 5 business days. DATASTOR will also assist Customer with the installation and configuration of any new appliance in accordance with the installation and configuration services offered as a part of this SLA. 

Return of Appliance and Software 

Following the expiration or termination of the HCS Service contract between DATASTOR and Customer, Customer agrees that it shall return all appliance and software it has received from DATASTOR within 15 days of termination or expiration. Shipping and insurance costs for the return of any appliance or software shall be the responsibility of DATASTOR™. 

Limitations 

DATASTOR service and support obligations are limited to providing support for the appliance, software, and services components of its HCS solution. DATASTOR shall not be responsible for failures unrelated to the HCS solution. This includes, without limitation, any network performance issues from the provider to Customer’s location, any internal network performance issues within Customer’s internal network, or any server failures on Customer’s local network. 

Terms 

Terms defined in the Proposal will have the same meaning when used in this SLA. In the event of any conflict between this SLA and the Proposal, the Proposal will govern. 

General 

DATASTOR and Customer agree that the courts of the State of Colorado shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement. 

In the event of litigation or arbitration for any matter arising out of or related to this Agreement, the party prevailing in any such action shall be entitled to recover from the losing party its reasonable attorney’s fees and all other legal costs and expenses, including but not limited to filing fees, expended in the matter. 

The benefits of this Agreement shall inure to the respective successors and assigns of the parties hereto.