The Terms & Conditions listed on this page, along with our General Terms & Conditions, acts as the Agreement in which Intellihost will provide device backup services to the Client, and together acts as the Agreement in which both parties will do business.

By requesting of Intellihost to render device backup services to the Client, the Client agrees that it has read, understood and agrees to the Terms & Conditions and that our relationship within the context of the Services with be governed by this Agreement.

1. Disclaimer

• 1.1 – Unless the context clearly indicates to the contrary, any term defined in the General Terms will, when used in these Specific Terms, bear the same meaning as defined in the General Terms.
• 1.2 – Intellihost will take all possible measures to ensure that we can offer, maintain and support the Service to you, however, we offer no warranty that the Services are always available, error-free, updated and reliable. The Service is thus offered to the Client “as is” and “as available” and the Client accepts that using our Services is at their own risk.
• 1.3 – Intellihost reserves the right to suspend or terminate any backup account where it is found that the Client is in breach of either the Backup Specific Terms and General Terms or any other Policy linked to this Agreement.

2. Backups and limitation of liability

• 2.1 – The Client hereby agrees to indemnify and hold harmless Intellihost, its members, directors, employees, agents, sub-contractors and any member of the Intellihost Personnel from and against all and any loss, damage and/or action that Intellihost or its members, directors, employees, agents, sub-contractors or any member of the Intellihost Personnel may suffer or incur as a consequence of the failure of any or of all the said back-ups of the Client or any failure to make such back-ups.
• 2.2 – The Client acknowledges and agrees that (i) while Intellihost undertakes in good faith to provide and maintain the general routines and maintenance regarding the back-up of the Client’s data, due to the very nature of data management, the Client is required to take ultimate responsibility for the back-ups. Therefore, the making of back-ups of the Client’s data, of any nature whatsoever, does not form part of the Service and it is accordingly entirely the responsibility of the Client to make its own back-ups on a regular basis or upon such basis as may be prescribed by Intellihost or any member of the Intellihost Personnel from time to time; and (ii) neither Intellihost, its members, directors, employees, agents, sub-contractors or any member of the Intellihost Personnel shall be responsible for any failure by the Client to ensure that its aforesaid data is properly backed up or for any failure of the back-up itself.

3. Ownership

• 3.1 – The parties agree that Ownership of the Software shall vest in Intellihost and nothing in this Agreement shall be construed as conferring on the Client or any other person on its behalf any right, title or interest in the Software other than the Client (having the rights set out in this Agreement). The Client shall not acquire ownership of the Software on the delivery thereof or during or after the termination of this Agreement unless the Client elects to purchase the Redstor software licenses outright. This would require the Client to purchase the software licenses on a perceptual licensing model and would fall outside the scope of this agreement.

4. Maintenance

• 4.1 – It is recorded that this Agreement applies only to the hiring of the Software and that the Rental stipulated in the Agreement particulars do not include any payment in respect of maintenance.

5. Assumptions

• 5.1 – Monitoring of backup’s and backup success and selection/data selection for backup purposes is the responsibility of the Client.
• 5.2 – Servers and workstations have enough local disk space to store the local data and run the system.
• – The amount of history with the backup will contain will depend on the amount of storage space the storage platform has. We plan to allow for one month’s history in the initial configuration based on the current volume of data and expected changes per day.
• 5.3 – Archiving can be done for a nominal charge at the customers’ request. Any assistance required to restore data will be an additional charge.
• 5.4 – Monitoring of backup’s and backup success and selection/data selection for backup purposes is the responsibility of the Client.
• 5.5 – Intellihost has no control over the Clients local I.T. environment, the type and quantity of data stored, the ongoing configuration of the software, the machines it is running on (or collecting data from) including connectivity from the Clients offices to the storage platform, Intellihost therefore accepts no liability for content or the success or failure to store or restore the Clients data or any part thereof.
• 5.6 – Due to encryption, loss of encryption keys and passwords will result in a total loss of all data and a failure to recover in the event of a disaster. Preservation of this information is solely the responsibility of the Client and Intellihost therefore accepts no liability in the event of failure to recover data due to this information not being available.
• 6.6 – The Client accepts that Intellihost cannot be held liable for the timeframe or data usage for data to be uploaded or downloaded from our Infrastructure.