Media Storage Terms and Conditions

Managed IT and Cybersecurity for SMEs

Media Storage Terms and Conditions

Next Generation Digital Technologies provides a service whereby it securely stores external storage media such as portable hard disks and LTO tapes for Clients that do not have the budget to move the data to more robust online archiving solutions, but need the assurance that the physical media is stored offsite securely.

This service is subject to our Media Storage Terms and Conditions.

These Terms and Conditions were last updated on the 16th of June 2020. Next Generation Digital Technologies reserves the right to further amend these terms without notice.

Important Notice

Due to the nature of how physical hard drives are constructed they are not suitable for long term archive storage and Next Generation Digital strongly discourages the practice of using external portable hard disks for this purpose. We strongly recommend that Clients storing external hard disks with us use our LTO transfer service to transfer a copy of the data to LTO tape media which is more suitable for long term archiving.

Definitions

Next Generation Digital Technologies means Next Generation Digital Technologies (Pty) Ltd (Registration no: 2014/231709/07), a private company registered in accordance with the law of the Republic of South Africa.

Office Hours means 08:30 to 17:00 Monday to Friday, excluding public holidays.

After Hours means all other hours that do not fall within Office Hours.

Client means the other contracting party to this agreement (Customer) as set out in any quotation, estimate, sales order, invoice or other documentation.

Service(s) means the services carried out as described the paragraph below.

The Service

Next Generation Digital Technologies will acquire, transport and store the media in a secure vault at an undisclosed location and should the Client require access to the the media, facilitate the return.

Submission – “Check in”

  • Submission of any media is subject to Support Availability and only authoritative contacts will be allowed to request and approve the submission of media.

Protection of confidential information

  • We strongly recommend that all data is encrypted to protect any confidential or personal information that may be stored on the media and that encryption keys are stored separately.

Index

  • After submission Next Generation Digital Technologies will create a visual tree of all data files stored on the media and supply it to the contact that initiated the process.
  • Where there is a difference between what the Client has stated is on the media and what the visual tree reflects, The client shall accept that the list provided by Next Generation Digital Technologies is more acurate.

Copy to LTO Tape (optional)

  • Should the Client request that the contents of the media are copied to LTO tape for long term archiving this shall be quoted on separately.
  • On approval a 1:1 copy of the media shall be made to LTO tape which shall be stored at the same location as the original master media.

Retrival – “Check out”

  • Retrieval of any media that has been stored is subject to Support Availability and only authoritative contacts will be allowed to request that the media is returned from storage.

Support Availability

Technical support is available during Office Hours. Although some services are available on a 24/7 basis, Next Generation Digital Technologies does not routinely provide technical support After Hours. However, we understand that IT problems are not confined to Office Hours and there may be circumstances where you require extended support. In such cases, a member of our technical team is on standby After Hours to assist clients with emergencies. Please note that overtime rates may apply depending on your SLA.

Confidentiality

Next Generation Digital Technologies acknowledges that in the course of providing services to the Client, we may learn certain non-public personal and otherwise Confidential Information relating to the Client’s customers, consumers or employees. Next Generation Digital Technologies shall regard all such information pertaining to The Client’s customers, consumers or employees as strictly confidential.

Disclaimer of warranties

Next Generation Digital Technologies makes no warranties of any kind, whether express or implied, including but not limited to, any implied warranties of merchantability and fitness for a particular purpose.

Next Generation Digital Technologies makes no representation, warranty or covenant concerning the capabilities or performance of any personnel or service that The Service Provider might provide to the Client in connection with delivery or implementation of this Agreement.

Neither Next Generation Digital Technologies, nor its affiliates, makes or has made or shall be deemed to make or have made any warranty or assurity, either expressed or implied, written or oral, inclusive without limitation, any usage of terms which may suggest assurity, any warranties arising from prior course of dealing and usage of trade.

Limitation of liability

Next Generation Digital Technologies its officers, employees, agents, and directors, shall not be liable for any direct or indirect damages to the Client, under any circumstances.

The Client shall not have or acquire any claim against Next Generation Digital Technologies, nor shall Next Generation Digital Technologies be liable in contract or delict for any general, special, or consequential damages sustained by the client or third party flowing directly or indirectly from this contract whether due to acts, omissions or otherwise of Next Generation Digital Technologies or its employees or agents or any other person for whom it may be held liable, and the Client hereby indemnifies the Next Generation Digital Technologies and holds it harmless against any such claim as foresaid.

The Client further acknowledges and agrees that their attention was specifically drawn to the provision by the Next Generation Digital Technologies and that they have fully understood these terms in its entirety, and the Client is in full agreement of the indemnity, finding it fair and reasonable and accepts responsibility for any risk incurred.

Force Majeure

Neither Next Generation Digital Technologies or the Client shall be liable for any failure to fulfil its obligations if such failure is caused by any circumstances beyond its reasonable control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions or acts of God; it also applies to war, civil commotion, riot, strikes, labour disputes, sanctions, embargos, epidemics, an act of government, compliance with law or any other circumstances of the like or different nature beyond the reasonable control of a person.

General

  • No indulgence, which Next Generation Digital Technologies may grant to a Client, shall constitute a waiver of any of its rights, and Next Generation Digital Technologies shall not thereby be precluded from exercising any rights against the client which may have arisen in the past or which might arise in the future.
  • The law applicable to these Terms and Conditions shall be that of the Republic of South Africa.

(C) Copyright Next Generation Digital Technologies (Pty) Ltd