End User License Agreement (EULA)

Our services are delivered on a monthly contract with 1 months notice required to terminate services and subscriptions. All services and subscriptions are charged in United States Dollars (USD). Bacula4Hosts is a Canadian corporation, registered in Ontario, Canada.

THIS SOFTWARE LICENSE AND SERVICES AGREEMENT

hereto (collectively, the “Agreement”) is entered into by and between Bacula4Hosts., an Ontario, Canada corporation (“Bacula4Hosts”), and (“COMPANY”), as of (the “Effective Date”). In consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

1. DEFINITIONS. The following definitions apply throughout this Agreement:

1.1 “Documentation” means Bacula4Hosts’s published user manuals relating to the Software as of the Effective Date or as it relates to any Modification or Major Release as of the date of delivery of each Modification or Major Release,
as applicable.

1.2 “Error” means any failure of the Software to operate in conformance with the Documentation in any material respect.

1.3 “Maintenance” shall means the services provided by Bacula4Hosts to the Company.

1.4 “Modification” means any revisions, enhancements, bug fixes, patches, error resolutions and all other changes to the Software required to insure that the Software operates in conformance with the Documentation and Specifications.

1.5 “Order” means the online purchase and subscription by the company to purchase and utilize licenses of the Software or to purchase Maintenance under this Agreement.

1.6 “Production” means Company’s use of the Software or Company’s customers (or potential customers) through associated services.

1.8 “Software” means the all software modules provided by Bacula4Hosts and any Major Releases, Modifications, interim releases, bug fixes and patches applicable to such software modules.

1.9 “Source Code” means the Software fully documented in its source code (i.e., human readable) form; (ii) a compiler, similar computer program or any other software which is necessary to convert the source code form into the object code form of the Software; and (iii) runtime software necessary to execute the source code form of the Software, including but not limited to interpreters and templates. Also for the purposes of this Agreement, “Commentary” shall include explanations, flow charts, schematics, algorithms, subroutine descriptions, class and object descriptions, memory and overlay maps, statements of principles of operations, architecture standards, data flow descriptions, class, base-class and sub-class descriptions, data structures and control logic of the software and any other documentation of the source code form of the Software, all in sufficient detail to enable a trained programmer through study of such materials to maintain and/or modify the software without undue experimentation.

2. LICENSE GRANT. Subject to the terms and conditions of this Agreement, Bacula4Hosts hereby grants to Company (and its successors and assigns as permitted herein) a perpetual, non-sublicensable, non-exclusive, non-transferable (except as otherwise expressly set forth herein), royalty-free, worldwide, enterprise-wide right and license, and to make as many backup (non-use other than for disaster testing and recovery purposes) copies as may be necessary, provided that Company shall keep a record of each such backup copy and the location of its storage, and shall provide any and all such records to Bacula4Hosts upon request. Company must reproduce and include any and all copyright, proprietary and any other notices that appear on the original Software and any media therefor on any copies made by Company.

3. RESTRICTIONS ON USE.

3.1 Proprietary Rights. Company acknowledges that the Software, its structure, organization and Source Code, and the Documentation are the property and constitute valuable trade secrets of Bacula4Hosts and its suppliers. Company agrees not to, for all Bacula4Hosts and Bacula Systems provided components and modules: (a) decompile or disassemble the Software, separate the Software into its component parts, or in any way attempt to reconstruct or discover any source code or algorithms of the Software by any means whatsoever; (b) remove any product identification, trademark, copyright, confidentiality, proprietary or other notice contained on or within the Software; (c) modify or create any derivative works from the Software or any part thereof, except to the extent that the Software provides for user-modifiable components (d) except as otherwise permitted herein, sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software or any component thereof; (e) otherwise copy or use the Software for any purpose or in any manner not expressly permitted in this Agreement; or (f) knowingly permit or encourage any third party to do any of the foregoing. All assistance requested by Company for integration with existing or proposed Company systems or software shall be provided by Bacula4Hosts in accordance with Section 7. All rights in and to the Software and Documentation not expressly granted to Company in this Agreement are reserved by Bacula4Hosts and its suppliers.

3.2 Restrictions. Company shall use the Software only on the operating system specified by Bacula4Hosts as supported, however, that a breach of this sentence by Company shall not be considered a material breach.

3.3 Open Source. The Open Source components of the software are freely available to the Customer. The Customer retains ownership of all data stored and/or backed up using the Bacula4Hosts Software. ,Upon termination of the services contract and software licensing with Bacula4Hosts, the Customer may install the Open Source versions of Bacula. Upon termination, all Bacula4Hosts and Bacula Systems Software cannot be used and must be un-installed.

4. ORDERING AND DELIVERY. An Order will be binding on both parties the online ordering process is completed and the order is approved.  Each Order shall includes the following: (a) the Software licensed or to which Support and Maintenance shall apply, and (b) the applicable fees. No additional or different terms in any purchase order or similar document shall modify the terms of this Agreement. For purposes of this Agreement, initial delivery of the Software and Documentation will be deemed to have occurred upon Bacula4Hosts providing Company with a password to access a web page, portal or has completed installation of the software at the Company facility.

5. LICENSE FEES AND PAYMENT. Company shall pay to Bacula4Hosts the license fees for the Software set forth during the order process. All fees hereunder exclude all applicable sales, use, value-added, property and other taxes, including duties and similar mandatory payments, and Company will be responsible for payment of all applicable sales such taxes, and any related penalties and interest, arising from the payment of such fees, the delivery or license of the Software, or the provision of any services to Company. All amounts under this Agreement are in U.S. dollars and payment must be made in such. Company will make all payments of amounts due under this Agreement to Bacula4Hosts free and clear of, and without reduction for, any withholding taxes.  Bacula4Hosts reserves the right to charge interest on any overdue amounts at a rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid plus reasonable costs incurred in collection (including reasonable attorneys’ fees).

6. SOURCE CODE OWNERSHIP

6.1 .Derivative Works. Any and all derivative works to the Software which are created pursuant to this Agreement shall be owned by Bacula4Hosts, but Company shall have the same rights and licenses to such derivative works as Company has to the Software.

7. MAINTENANCE.

7.1 Maintenance Terms. Maintenance provided by Bacula4Hosts shall be pursuant to Bacula4Hosts’s standard maintenance terms

7.2 Maintenance Fees and Payment. Maintenance and support fees are included in the license subscription and will continue perpetually until termination of the software subscription occurs.

8. TERM AND TERMINATION.

8.1 Term. This Agreement shall remain in effect unless and until terminated as provided herein.

8.2 Termination. Company may terminate this Agreement at any time for any reason following thirty (30) days notice to Bacula4. Either party may terminate this Agreement for any reason with 30 days written notice.

8.2.a Termination of annual or fix term contracts require 30 days notice prior to contract termination. Contracts automatically renew for 1 year after the initial term

8.2.b Bacula4 does not offer any partial finds credits upon termination. Any refunds granted accrue as Bacula4 account credits

8.3 Effects of Termination. Upon termination of this Agreement for any reason, any amounts owed under this Agreement will be immediately due and payable all rights and licenses granted under this Agreement will immediately cease to exist, and Company must promptly discontinue all use of the Software and Documentation. Upon termination Company shall erase all copies of the Software and Documentation from Company’s computers, return to Bacula4Hosts or destroy all copies of the Software and Documentation on tangible media in Company’s possession or control and certify in writing to Bacula4Hosts that it has fully complied with these requirements.

DISCLAIMER

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Bacula4Hosts MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. Bacula4Hosts DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bacula4Hosts DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT. Bacula4Hosts MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Bacula4Hosts AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY. Bacula4Hosts MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Bacula4Hosts AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, Bacula4Hosts IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Bacula4Hosts HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

JURISDICTION

This agreement and all claims relating to the relationship between the parties are governed by the Provincial laws and the laws of the Province of Ontario, Canada. without regard to choice of law provisions.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

 

 

Privacy Policy

Bacula4Hosts respects your privacy and is committed to maintaining the privacy and confidentiality of data we collect. The purpose of this Privacy Statement is to demonstrate our firm commitment to the privacy and protection of personal data to Bacula4Hosts and its affiliates. This Privacy Statement describes the ways we collect information and what is collected.

By visiting Bacula4Hosts websites or are otherwise providing your personal information to Bacula4Hosts via any other means, you are accepting and consenting to the practices described in this Privacy Statement.

For purposes of this Privacy Statement, the term “visitor” includes visitors to our websites who are not yet customers, those who become customers, as well as those who do not become customers; whether you upload information to our websites, download it, or are merely visiting our websites.

1. WHAT DO WE COLLECT AND WHERE?

The information we collect may include your personal information, such as your name, contact information, IP addresses, Live Chat Messages, phone conversation logs, product and service selections and orders or other items that identify you individually.

Generally, we may collect information about you in the following manners:

  • you may provide your personal information to us via chat, email or other written correspondence, telephone calls, web based forms, or other means
  • we use automated technical means to collect information about all website visitors for example by use of cookies

Web Visit

You may visit our Websites in any of the following ways:

  • By using your browser to navigate to our Websites
  • By viewing an advertisement displayed on a third party website that is served content by our web server

When you visit our Websites, our server logs your IP address (unique network addresses), the time and duration of your visit, and the time and duration of the pages on our website you view. If you arrive at our website by clicking a paid advertisement (including a paid search engine result) or via a link in an email, then we will capture information that tracks your visit from that link. If you arrive at our Website by clicking a non-paid source, such as link in a non-paid search engine result or a hyperlink on another website, we may capture information that tracks your visit from that source, to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.

We will likely place a cookie on your hard drive during the web visit. A cookie is a unique alphanumeric identifier that we use to help us identify the number of unique visitors to our Website, whether or not those visitors are repeat visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them and personal information cannot be gathered from them. They are simply an identifier shared between you and us to allow us to improve the services we offer to you through our Website. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is found in your browser’s “security settings” section.  Permanently disabling cookies in your browser may hinder your use of our Website as well as other websites and interactive services.

We do not collect personal information about you as part of a web visit, but web visit information may be tied to other information (including personal information) we collect from you via chat, web forms, and the other means we describe in this Privacy Statement.

Hyperlinks to non-Bacula4Hosts Websites

We may provide links to third-party websites for your convenience and information. The privacy practices of those sites may differ from Bacula4Hosts practices and are not controlled by Bacula4Hosts and covered by this Privacy Statement. We do not make any representations about third-party websites. We encourage you to review their privacy policies before submitting your personal data.

Minor Children’s Online Privacy Protection

Our services are not designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13.

2. WHAT DO WE USE THIS INFORMATION FOR?

Personal Information

We may use your information to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of the Website, recommend merchandise and services that might be of interest to you, to personalize your visit to our Website, and to enable us to review develop and continually improve the products services and offers we provide online. We also use this information to prevent or detect fraud or abuses of our Website and to enable third parties to carry out technical, logistical or other functions on our behalf.

Contact Information

We use visitor information to send information about our company to visitors and to get in touch with them when necessary.

Financial Information and payment card details

We may ask visitors to enter credit card or account information in order to process orders for services placed with Bacula4Hosts. Financial information provided via our website or via the our control panel/portal is transferred over a secure connection. We collect this information on a transaction-by-transaction basis and will not authorize the release of the information with anyone not directly involved in processing the transaction.

Credit card numbers are used only for processing payments and are not used for any other purposes.

We use information you provide to us via telephone calls, chat, email, web forms and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, we will use the information to establish your account. Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about your web visits.   Your telephone call may be recorded and we may enter information you provide via telephone into our systems to use for the purposes described in this paragraph.

3. DISCLOSURE OF PERSONAL INFORMATION

Personal information we gather is for internal use only and will not authorize the release of this information to anyone outside Bacula4Hosts (except to third party service providers to Bacula4Hosts who perform functions on our behalf but in such event personal information will only be shared to the extent reasonably necessary to perform their functions and they will not be authorized to use it for any other function), unless you have consented to such disclosure.

Bacula4Hosts utilizes two data centers that are certified on the Safe Harbor List and abides by the principles set forth in the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. To enforce the requirements of the Safe Harbor and to provide an independent means of resolving disputes, Bacula4Hosts performs periodic self-assessments to verify that it is adhering to the Safe Harbor Privacy Principles and that the provisions of this Privacy Policy are true and accurate, fully implemented and followed by Bacula4Hosts. Bacula4Hosts as a Canadian company is also bound by the “Personal Information Protection and Electronic Documents Act” (PIPEDA). The act is intended to reassure the European Union there is adequate privacy compliance requirements to protect the personal information of European citizens.

Should you breach our terms and conditions or website terms, or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In particular, we may release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.

We may release the information we collect to third parties, where the information is provided to enable such third party to provide services to us, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Statement, and is permitted to use the information only for the purpose of providing services to us.

4. OPTING OUT OF COMMUNICATIONS

Bacula4Hosts gives you an opportunity to chose to opt-out of personal data being disclosed to third parties for a purpose incompatible with the purpose for which it was originally collected (except for meeting applicable legal requirements or permitting third party service providers who perform functions on our behalf as described in section 3 of this Privacy Statement).

5. SECURITY OF YOUR INFORMATION

Bacula4Hosts is committed to industry best practices approaches concerning security measures to prevent the loss, misuse and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us on a computer system located in a controlled facility with a limited access. Visitor textual information is encrypted during transmission, our company databases are accessible only by Bacula4Hosts employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreements with Bacula4Hosts.

6. DATA INTEGRITY

Personal data we collect is relevant for the purposes for which it is to be used. Bacula4Hosts takes reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.

7. RIGHT TO ACCESS YOUR PERSONAL INFORMATION

If you believe that any personal information we have about you is incorrect, or is, has been, or might be used inappropriately, please contact us, and we will take steps to correct or delete the information, or restrict its use, as appropriate.

8. VERIFICATION

Bacula4Hosts utilizes the self-assessment approach to assure its compliance with its Privacy Statement. Bacula4Hosts regularly verifies that the privacy statement is accurate, comprehensive, prominently displayed, completely implemented and in conformity. Appropriate employee training is in place and internal procedures for periodically conducting objective reviews of compliance are in place.

9. INQUIRIES OR COMPLAINTS

If you have a question or complaint about this Privacy Statement or our information collection practices, please contact us. We will investigate the matter and are committed to resolve any privacy concerns that you may have.

10. CHANGES

Our business changes constantly and our Privacy Statement may also change from time to time. You should check our website frequently to see recent changes, however, we will never materially change our policies and practices to make them less protective of personal information collected in the past without your prior consent.