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What is Bactopus®?
Bactopus® is an Automated,
Unlimited, Flexible and Fully Secure SaaS Backup & Recovery Solution for
Microsoft 365
Bactopus® Can Solve Your Data
Protection Challenges and Limitations for Microsoft 365.
Bactopus® is the right solution
for your Cloud Backup needs.
1. Solution
These Terms and Conditions (the
“Terms”) apply to Customer’s use of Bactopus® software-as-a-service
(the “Solution”).”
2. Getting Started
As a Customer, you will register a Bactopus® account and provide Consolidated
Telecoms Co. ltd. with accurate and complete information (the “Customer
Account”). Customers may authorize one or more of its employees (collectively,
“Authorized Users”) to access and use the SaaS Solution on Customer’s
behalf. Each Authorized User will sign-In using Azure AD SSO. Customer
acknowledges that its Authorized Users have full access (Based on Roles) to and
management privileges of its Customer Account(s) and Customer Data. The term
“Customer” is intended to include its Authorized Users for the purposes of the
Terms.
3. Global Availability and Support
3.1
Global Service and Support.
Consolidated Telecoms is proud to
administer the SaaS Solution from its HQ that best suit our customers’ needs.
Where applicable and subject to Data Center availability, Customer Data will be
backed up to a data center located in Microsoft Azure North Europe Region.
Consolidated Telecoms is pleased to provide Customers with the Support Portal that they can use and
utilize to access support information. The support terms are incorporated by
reference and may be modified from time to time in Consolidated Telecoms sole
discretion. Communications related to support of the SaaS Solution may be sent
to support@bactopus.com.
3.2
Global Availability.
The SaaS Solution is
available at least 99.9% of the time measured on a monthly basis (“Uptime”)
based on Microsoft Azure Services Availability. The Uptime does not apply to
any downtime due to: (i) any emergency or planned maintenance, repair, or
upgrade; (ii) third-party attacks, intrusions, distributed denial of service
attacks or force majeure events, including those at Customer’s site or between
Customer’s site and data centers made available through the SaaS Solution; (iii)
Any downtime from Microsoft Azure Region Availability; or (iv) Customer’s acts
or omissions in violation of these Terms. In the event of Bactopus® Uptime failure, Consolidated
Telecoms shall use commercially reasonable efforts to provide Customer with an
error correction or work-around that corrects the Uptime failure.
3.3
Hosted Services.
Customer acknowledges that Bactopus® hosted storage is
provided by Microsoft Azure Cloud Computing Services. Customer’s use of hosted
storage services is subject to the then-current Microsoft Online Subscription Agreement(s). Bactopus® by default have
Unlimited Retention and Storage Polices. Customer is solely responsible for
settings, schedules, and configurable parameters applied to Customer Data,
including implementing its own specific Backup and Restore Operations.
4. Data Privacy
& Security
4.1 Privacy and Security Program.
Customer data privacy and security
is Consolidated Telecoms priority. Consolidated Telecoms represents and
warrants that it maintains: (i) network security, business continuity and
disaster recovery policies and procedures commensurate with Microsoft Azure
best practices; (ii) administrative and technical safeguards designed to secure
Customer Data from accidental or unauthorized access, use, alteration or
disclosure using Microsoft Azure Security Tools. As Bactopus® is using Microsoft Azure
as it’s Hosted Platform, Physical and Backend Security is subject to Microsoft Azure Cloud Computing Security Standards. Consolidated Telecoms
collection, use, processing, storage and disclosure of any personal data
included in Customer Data shall be in accordance with applicable data
protection laws and Consolidated Telecoms Privacy Policy and Bactopus® Privacy Policy .Customer acknowledges
that it is Customer’s responsibility to verify that the SaaS Solution security
and privacy protections are adequate and in compliance with all applicable laws
governing the type of data included in Customer Data. Customer acknowledges (i)
effective security is dependent on multi-layered, multi-faceted combination of
solutions, deployed and managed in accordance with appropriate policies and
procedures consistently applied, (ii) the quality of data, other output
and strength of Customer’s threat detection program are dependent on the
configuration and deployment of the deceptive environment by Customer and its
Authorized Users, and (iii) no individual element alone is sufficient to detect
and prevent all security threats, as a result Consolidated Telecoms does not
warrant and disclaims liability that all security threats will be detected and
prevented by the Solution. Customer agrees to, and will ensure that each
Authorized User will, notify Consolidated Telecoms at support@bactopus.com immediately upon
learning of any suspicious access to its Customer Account.
4.2 Access.
Customer data privacy and security
is Consolidated Telecoms priority. At times, Consolidated Telecoms may be
required to access or disclose Customer Data: (i) to provision the SaaS
Solution to Customer pursuant to these Terms; (ii) to investigate or prevent
security threats, fraud, or other illegal, malicious, or inappropriate activity;
(iii) to investigate or prevent security Bugs; or (iv) with the informed
consent of the data subject. In the event Consolidated Telecoms is
required to access Customer Data, Consolidated Telecoms shall not disclose
Customer Data to third parties without Customer’s consent or instruction,
unless prohibited by law.
5. Term
Consolidated Telecoms initiates
activation of the SaaS Solution upon receipt of a valid purchase order, by
providing Customer with access to an account (the “Activation Date”). The term
of Customer’s subscription to the SaaS Solution shall begin on the Activation
Date and continue as set forth on the applicable purchase order (the “SaaS
Solution Term”). The SaaS Solution Term shall renew for an equal term or an
agreed new term unless either party provides written notice of non-renewal fifteen
(15) days prior to the renewal date.
6. Customer
Acknowledgments
Customer agrees: (i) Customer and
its Authorized Users will keep Access Credentials confidential, and Customer
remains responsible for the acts and omissions of its Authorized Users and any
activity that occurs under its Customer Account(s) using the Access
Credentials; (ii) Customer will use the most current version of the SaaS
Solution at all times, unless otherwise agreed in writing; (iii) Customer is
responsible for the security of its Customer Data if Customer disables any
encryption or other security feature within the SaaS Solution; and (iv)
Customer is responsible for maintaining its own internet and data connections,
and components of the SaaS Solution that are accessed or used through internet
connections and may be subject to Customers’ internet service providers fees
and downtime. Customer acknowledges Customer Data may not be available if: (i)
Customer’s initial backup is not properly completed by Customer; (ii)
Customer deletes Customer Data and does not restore it after deletion pursuant
to Customer’s data retention policies; (iii) Customer selects incorrect or
inappropriate policies and settings within the SaaS Solution; (iv) Customer’s
IT environment is unable to secure a connection with Consolidated Telecoms
servers or network; or (v) Customer fails to follow Consolidated Telecoms technical
requirements and the Documentation for utilizing the SaaS Solution, including Microsoft
365 Connection, or failing to periodically test Customer’s backups and
restores, or ensure that Customer Data is protected and not otherwise
corrupted.