Terms of Service

1. Acceptance of Terms

By accessing or utilizing the infrastructure and services provided by Data Sanctuary ("we," "us," or "our"), you ("the Client") agree to be bound by these Terms of Service. These terms govern the provisioning of dedicated offsite storage environments, VPN tunnels, and associated physical seeding services.

2. Nature of Service & Secondary Custodianship

Data Sanctuary provides Secondary Offsite Storage Targets. Our infrastructure is designed to fulfill the offsite requirement of standard enterprise backup strategies (such as the 3-2-1 rule).

• Primary Data Responsibility: The Client is solely responsible for maintaining their primary data sources and local, first-line backups.
• No Replication of Targets: Data Sanctuary does not perform secondary replication or create "backups of your backups." We act as the final target destination.
• Hardware Failure & Re-seeding: In the rare event of catastrophic, unrecoverable hardware failure on our dedicated nodes, Data Sanctuary will replace the underlying infrastructure at no cost. The Client will be responsible for re-synchronizing or re-seeding their data from their primary local copies.

3. Hardware Integrity & Infrastructure

We commit to utilizing enterprise-grade, bare-metal hardware and redundant network gateways to mitigate predictable hardware faults. Client data is strictly siloed within dedicated Virtual Machines or isolated containers; we do not utilize shared storage pools.

4. Service Availability & Network Transit

While Data Sanctuary operates on high-capacity, redundant fiber upstream connections, network transit and synchronization speeds are provided on a best-effort basis.

• Bandwidth Fluctuation: Upload and download speeds may fluctuate based on global network congestion, concurrent node synchronizations, and physical distance.
• Third-Party Dependencies: We are not liable for service interruptions caused by third-party telecommunications providers, upstream internet service providers (ISPs), or national power grid instability.

5. Acceptable Use Policy

The Client agrees to utilize Data Sanctuary infrastructure solely for the purpose of secure data backup and archiving. Hosting public-facing websites, distributing copyrighted material, or utilizing the network for malicious traffic is strictly prohibited and will result in immediate termination of the VPN tunnel and data destruction.

6. Limitation of Liability

To the maximum extent permitted by South African law, Data Sanctuary shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data, whether incurred directly or indirectly, resulting from (a) your access to or use of or inability to access or use the services; (b) any unauthorized access, use, or alteration of your transmissions or content.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.