Terms & Conditions

1. Important notice

  1. You agree to provide Bolt Backup with true and correct information in order to render service to you and you give Bolt Backup permission to process your personal information.
  2. You agree that these terms may change and that you will check regularly for these changes.
  3. You agree that failure to settle amounts outstanding on your Bolt Backup account will result in account suspension.
  4. Acceptance of terms for any given service is not applicable to other services.
  5. You limit Bolt Backup's liability and indemnify Bolt Backup for various acts or omissions.

2. Definitions

  1. "Bolt Backup" means Sahdsoft Technologies CC or any other entity which Sahdsoft Technologies CC may assign, cede or delegate any of their rights or obligations to.
  2. "Client" is the party described as such on any application or service executed between it and Bolt Backup.
  3. "Supplier" means a supplier of goods and / or services to Bolt Backup.

3. Client obligations

  1. The client confirms that all information provided to Bolt Backup is true and correct. Bolt Backup reserves he right to request further information to validate any given information.
  2. Bolt Backup reserves the right to request verification of the identity of the primary account holder at any time. Failure to produce such verification may result in account suspension or cancellation of services.
  3. Bolt Backup's website and provided services have been developed to be used within the bounds of acceptable use. Bolt Backup reserves the right to suspend or terminate any accounts which abuse the Bolt Backup platform in any way.
  4. Bolt Backup reserves the right to define what is considered acceptable use of the Bolt Backup platform.
  5. Bolt Backup reserves the right to suspend or terminate the account of any client found to be using Bolt Backup's services to conduct any illegal or offensive practices. This is applicable to all services provided by Bolt Backup.

4. Availability of services

  1. Bolt Backup cannot guarantee provision of requested services upon receipt of the application.
  2. Bolt Backup will not be held liable for any downtime of services resulting from matters outside of its control. We provide a best effort service managed by highly competent technical staff.
  3. Bolt Backup will not be held liable for downtime enountered as a result of misconfiguration of services (by the client), and/or deletion or corruption of files necessary for correct functioning of these services (by the client).
  4. Bolt Backup reserves the right to terminate a particular service offering after a 30 day notice period.

5. Payment for services

  1. Bolt Backup will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.
  2. Bolt Backup will not accept any liability or responsibility for any downtime encountered as a result of service suspension/termination due to unpaid accounts.
  3. Bolt Backup reserves the right to suspend services for which there are outstanding fees past the payment due date for these services.
  4. Accepted payment methods include Credit/Debit Card, Bank Transfer (EFT), Debit orders, ATM cash deposits.

6. Debit Order Authorisation

  1. By accepting these terms, the client hereby authorizes Bolt Backup to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the client in respect of services or products.
  2. The client authorises Bolt Backup's nominated agent to debit their bank account or Visa/Mastercard on Bolt Backup's behalf (the "authorized party"). The debit authority will remain in force until such services or products are cancelled, subject to the condition that client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
  3. The client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the client and that the client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.

7. Term and termination

  1. Bolt Backup operates month-to-month contracts. Either the client or Bolt Backup may terminate the agreement, of a particular service, by giving one calendar month's notice to the other. For example if notice is given on the 13th of December, termination will take effect on the 1st of February.
  2. The client is able to terminate services through the Bolt Backup client area. Should the client not want to terminate services via the client area, written notice of service cancellation is required to be sent to info@boltbackup.com. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process. Should the client incorrectly complete the cancellation process, Bolt Backup will not be liable for any additional costs or compensation due to the error.
  3. Bolt Backup reserves the right to terminate any services determined to be in violation of our policies.

8. Client information and privacy

  1. Clients signing up for services as a primary contact are considered as "the client" and no other parties will be permitted access or authority to the client account, even if they are a 3rd party recipient or affiliate of the "client".
  2. Bolt Backup will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.

9. Security

  1. Bolt Backup has implemented software, hardware, and physical security measures in line with good industry practice to ensure the protection of your data. Bolt Backup does not warrant that breaches in security will not take place.
  2. Clients should take care to ensure that no malicious software is executed on the Bolt Backup platform.
  3. Bolt Backup takes necessary measures to ensure that disaster recover procedures are followed completely in the unlikely event of a disaster (software or hardware). Bolt Backup provides no guarantee that this recovery will be successful or completed withing any given time period.
  4. The client consents to give Bolt Backup full permission to their account for investigation in the unlikely event of system compromise relating to that account.

10. Reseller terms

  1. You agree to act as a positive ambassador for the Bolt Backup brand at all times.
  2. You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact Bolt Backup at any time. Bolt Backup will not offer support or service to your customers.
  3. Where you advertise a service that include Bolt Backup Services you must at all times deliver the service that has been described to a standard acceptable to Bolt Backup
  4. You are not permitted to use any Bolt Backup property including logos, icons, designs and text without our written authorisation.
  5. You may not distribute any aspect of the Bolt Backup service free of charge. If you bundle the Services with another service, this service must not be distributed free of charge.
  6. You are responsible for ensuring that your customers use the Services in accordance with applicable Terms of Use by your customers within these Reseller Terms. We will hold you liable for any breach of the Terms of Use by your customers.
  7. Bolt Backup has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Reseller Terms.
  8. Bolt Backup reserves its rights to amend the fees due to it from Reseller. Where Bolt Backup has agreed a fee structure with the Reseller for a fixed period, then any fee increases will not take effect until the end of that fixed period. Bolt Backup will provide all Resellers with at least one month’s notice of any changes in the fees due to it by Resellers, by posting such a notice together with the date that the new fee structure will take effect on our Website.
  9. If you fail to pay fees due to Bolt Backup or fail to comply with these Reseller Terms (including but not limited to the obligation to provide an appropriate level of support to your customers) then Bolt Backup reserves the right to suspend or terminate Services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative Services.
  10. You may not bid on Bolt Backup brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as "Bolt Backup", "bolt-backup", "boltbackup.com" or any other variation or misspelling of "Bolt Backup" including bidding on “Bolt Backup” with other keywords.
  11. You may not claim to be Bolt Backup or to represent Bolt Backup on your website or in any form of media or social media. You must make it clear if you are going to mention Bolt Backup that you are a reseller of Bolt Backup and are not part of the Bolt Backup organisation. You may also not use the name Bolt Backup in your domain for any website you own or control or use the name Bolt Backup or any variation as your name in any social media that you use.

11. Acceptable use

You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things.

  1. Bolt Backup has implemented software, hardware, and physical security measures in line with good industry practice to ensure the protection of your data. Bolt Backup does not warrant that breaches in security will not take place.
  2. Clients should take care to ensure that no malicious software is executed on the Bolt Backup platform.
  3. Bolt Backup takes necessary measures to ensure that disaster recover procedures are followed completely in the unlikely event of a disaster (software or hardware). Bolt Backup provides no guarantee that this recovery will be successful or completed withing any given time period.
  4. The client consents to give Bolt Backup full permission to their account for investigation in the unlikely event of system compromise relating to that account.

12. Information we collect and store

  1. Information you provide - information pertaining to accounts registered with us is securely stored and strictly confidential.
  2. Files - all backed up data is encrypted with AES-256 blowfish encryption, and has multiple levels of redundancy.
  3. Log data - information relating to devices used to back up / restore data is logged.
  4. Cookies - are used to store information such as user id's and other data related to user experience.

13. Cancellation

  1. Cancellation, by the client or Bolt Backup, will result in any data being permanently removed from Bolt Backup's servers. Clients are solely responsible for ensuring that backups are made of their data prior to terminate their backup package with Bolt Backup. Bolt Backup will not be liable for loss of data, or be obliged to provide any such data once the backup package contract term has expired.

14. Retention of rights

  1. Bolt Backup makes no claim to the intellectual property (such as data) of clients hosted on their servers. However, all equipment remains the property of Bolt Backup and retention of data does not directly or indirectly give ownership of Bolt Backup hardware to clients.

15. Affiliates

  1. Bolt Backup reserves the right to accept or reject any affiliate account applications.
  2. Bolt Backup reserves the right to terminate any affiliate account involved in practices determinated unacceptable by VE Host.
  3. Bolt Backup reserves the right to ammend affiliate commissions after a 30 day notice period.

16. Limitation of liability and indemnity

  1. BOLT BACKUP WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND BOLT BACKUP WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF A BOLT BACKUP EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
  2. In the event that Bolt Backup is nonetheless held liable, the quantum of Bolt Backup liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Bolt Backup or any other cause.
  3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS BOLT BACKUP IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST BOLT BACKUP ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
  4. These limitations on liability and indemnities apply to the benefit of Bolt Backup and Bolt Backup's affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Bolt Backup platform.
  5. Nothing contained in this clause will limit the client's liability in respect of charges incurred for ongoing services.
  6. If the consumer protection act 68 of 2008 is applicable to this agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Bolt Backup to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
  7. In the case of ambiguity, this clause will take precedence over any expression of the parties' intention, whether express or implied, that may be contained elsewhere in this agreement.
  8. Bolt Backup will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly OR ANY ACTION TAKEN BY BOLT BACKUP IN RESPONSE TO THE ABUSE OF SERVICES WHICH IT OFFERS.
  9. Bolt Backup will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
  10. Neither Bolt Backup, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Bolt Backup's service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Bolt Backup service, unless otherwise expressly stated in this Agreement.
  11. Bolt Backup expressly limits its liability to the client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Bolt Backup specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
  12. Bolt Backup is not responsible if an external company network and firewall is setup to block access to services Bolt Backup provides. If a client's network is setup to block certain ports or web addresses that compromise the services Bolt Backup provides it is the client's responsibility to ensure that their network configurations are changed as necessary.
  13. Clients also hereby indemnify Bolt Backup against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Bolt Backup to share or cover such losses or liability, either directly or indirectly. Bolt Backup is also indemnified from direct claims from clients for losses incurred due to 3rd party actions or claims.