WebDisk Backup Service Terms

Version: 1.0 · Effective from: the effective date will be given once the document is approved (draft)

The Polish version is the legally binding version. This English translation is provided for convenience only.

These terms (hereinafter: "Backup Terms") set out the conditions for the provision of the WebDisk Backup service (hereinafter: "Service") and supplement the WebDisk General Terms of Service (hereinafter: "General Terms") and the WebDisk Acceptable Use Policy (hereinafter: "AUP"). In matters not governed by the Backup Terms, the General Terms apply. In the event of a conflict, the Backup Terms prevail — except for §12 (Provisions concerning consumers) and §13 (Complaints) of the General Terms, which always apply, and except for provisions more favourable to a Consumer or a Business with Consumer Rights (§3.3 of the General Terms). Capitalised terms not defined in the Backup Terms have the meaning given to them in the General Terms.

Provider: Mazura sp. z o.o. with its registered office in Ząbki, ul. Baśniowa 1C/2, 05-091 Ząbki, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under number KRS 0000971559, NIP 1251732787, owner of the WebDisk brand (hereinafter: "We" / "WebDisk" / "Provider").

Contact: office@webdisk.io, tel. +48 574 311 332, correspondence address: ul. Baśniowa 1C/2, 05-091 Ząbki.

Customer: a natural person, legal person or organisational unit without legal personality that has concluded a Contract for the provision of the Service (hereinafter: "Customer" / "You").

1. Definitions

1.1. Backup console — the web console of the backup management software, built on Veeam software, in which the Customer installs agents, configures backup jobs and restores data.

1.2. Organisation — the Customer's separate area in the Backup console, created automatically after the Contract is concluded, comprising the Customer's administrator account and the allocated Licences and Backup storage.

1.3. Portal — the Customer portal of the Service at backup.webdisk.io, used to manage the Subscription, quantities, invoices and tickets.

1.4. WebDisk account — the account shared by services provided under the WebDisk brand, with which the Customer signs in to the Portal.

1.5. Licences — the PC/laptop Licence, the Server Licence and the VM Licence, entitling the Customer to cover with the Service, respectively, one desktop or portable computer, one physical server or one virtual machine, for the duration of the Subscription.

1.6. Backup storage — the limit of space for Backups allocated to the Customer's Organisation, expressed in gigabytes (GB), where 1 TB = 1024 GB.

1.7. Backups — Customer Data stored in the Backup storage.

1.8. Subscription — the monthly renewing Contract for the provision of the Service in the quantities of Licences and Backup storage chosen by the Customer.

1.9. Retention period — the period of 30 days from the end of the Subscription during which Backups are kept but no new Backups can be written (section 8).

2. Subject matter and scope of the Service

2.1. WebDisk Backup is a backup service built on Veeam software, provided as a monthly Subscription. Under the Service we provide:

• Licences in the number chosen by the Customer,
• Backup storage in the size chosen by the Customer,
• an Organisation in the Backup console, including the Customer's administrator account,
• the Portal, in which the Customer sees the use of Licences and Backup storage against the purchased limits,
• handling of tickets.

2.2. The Customer may purchase any combination of Licences and Backup storage, subject to clause 2.5.

2.3. One Licence covers one device or one virtual machine. A device or machine beyond the number of purchased Licences is not covered by the Service until the number of Licences is increased (section 6).

2.4. Backup storage is a hard limit: a Backup whose writing would exceed the limit will not be saved. The Customer monitors storage use in the Portal and in the Backup console.

2.5. A VM Licence requires Backup storage of at least 50 GB.

2.6. Veeam software is third-party software. The Provider makes the Licences available under the Subscription and for its duration; the Customer does not acquire ownership of them or the right to transfer them, and the Licences expire when the Subscription ends. The Provider is not the manufacturer of the software and is not liable for its defects or for changes in functionality introduced by the manufacturer; it is liable for the proper provision of the Service under section 14.

2.7. The Service does not include configuring backup jobs on the Customer's behalf, supervising whether jobs succeed, restoring data on the Customer's behalf, or the Customer's hardware, systems and internet connectivity.

2.8. Technical requirements, in particular supported operating systems, virtualisation platforms and software versions, are set out in the Service documentation.

2.9. Prices of Licences and Backup storage are set out in the Price List available at backup.webdisk.io and in the Portal. The prices and parameters in force at the time of purchase are binding for the given Billing Period.

3. Conclusion of the Contract, WebDisk account and access

3.1. Orders are placed on the Service website: the Customer chooses the number of Licences, the size of the Backup storage and the currency, optionally enters invoicing details, accepts the Backup Terms, the General Terms, the AUP, the Privacy Policy and the data processing agreement (section 11), and then makes the payment. The Contract is concluded when the Provider confirms the order, which happens after the payment operator confirms the payment.

3.2. The Customer's status (Consumer, Business with Consumer Rights, Business) is determined in accordance with §5.2–5.5 of the General Terms.

3.3. After the Contract is concluded, the Provider automatically creates the Organisation and sends an email with a link to set a password to the email address given in the order. The link is valid for a limited time; the Customer can generate a new link in the Portal.

3.4. WebDisk account. If the Customer does not have a WebDisk account, one is created at purchase for the email address given in the order. The WebDisk account is shared by WebDisk services; the end of the Contract does not delete the WebDisk account or access to other services the Customer uses.

3.5. Passwords. The Backup console password is independent of the WebDisk account password; if the WebDisk account is created with the purchase, the link from clause 3.3 sets the same initial password in both places, and any later change affects only one of them. The Customer is responsible for keeping both passwords confidential and for using multi-factor authentication where it is available.

3.6. Organisation users. If the Backup console allows further users of the Organisation to be created, they are created and managed by the Customer, who is responsible for their actions as for its own.

3.7. If a breach of security of the WebDisk account or the Organisation is suspected, the Customer promptly changes the passwords and notifies the Provider at security@webdisk.io or through the ticket function in the Portal.

4. Customer obligations: job configuration and Backups

4.1. Configuration is the Customer's responsibility. The Customer, on its own:

• installs agents on its devices and connects virtual machines in accordance with the documentation,
• configures backup jobs, in particular the scope of data, the schedule and the number and retention period of versions,
• monitors job results and responds to errors and warnings,
• ensures its devices' connectivity with the Service and keeps the agents up to date.

4.2. Restore tests. The Customer regularly checks that data can be restored from Backups.

4.3. No verification of content. The Provider does not check the content, completeness or consistency of Backups. The Provider is not liable for missing or incomplete Backups resulting from the Customer's job configuration, exhaustion of Licences or Backup storage, a disabled or uninstalled agent, lack of connectivity of the Customer's devices, or deletion of Backups by the Customer or a person using the Customer's access credentials.

4.4. Backup encryption password. If the Customer uses the function of encrypting Backups with a password it sets itself, only the Customer knows that password: without it, encrypted Backups cannot be restored, and the Provider cannot recover it.

4.5. 3-2-1 rule. The Service provides a copy of data outside the Customer's premises. We recommend that the Customer also keeps other copies of critical data, following the 3-2-1 rule (three copies, two media, one outside the primary location).

4.6. Personal data in Backups. The Customer, as the controller of personal data contained in Backups, ensures a legal basis for their processing; the rules for entrusting them to the Provider are set out in section 11.

4.7. The Customer uses the Service in accordance with the documentation and does not attempt to circumvent the limits of Licences or Backup storage.

5. Fees and billing

5.1. The fee for the Service is charged in advance for a monthly Billing Period, and the Subscription renews automatically until cancelled (section 8). Payments are handled by Stripe Payments Europe Ltd.

5.2. The monthly fee is the sum of: the products of the number of Licences of each type and their unit prices, and the fee for Backup storage, calculated pro rata to the number of GB from the price per 1 TB (1 TB = 1024 GB) and rounded once, per line item.

5.3. The Customer chooses the billing currency (PLN, EUR or USD) at purchase; the Subscription is billed in that currency for its entire duration.

5.4. Prices in the Price List are net prices, to which VAT is added at the applicable rate, as a rule 23%. A business from another EU Member State whose EU VAT number is active in the VIES system is invoiced under the reverse charge procedure. The Customer sees the gross amount before making the payment; prices are presented to Consumers as gross (§6.2 of the General Terms).

5.5. Invoices. The rules for issuing invoices are set out in §6.6 of the General Terms. Invoices are available for download in the Portal. The tax identification number given in the order is verified in public registers (GUS, VIES) before payment.

5.6. Renewal. §6.4 of the General Terms applies to the automatic renewal of the Subscription.

5.7. Price List changes. A change to the Price List does not affect prices in a paid Billing Period. We notify changes of price for subsequent periods by email 30 days in advance (§6.7 of the General Terms).

6. Changing quantities

6.1. The Customer changes the number of Licences and the size of the Backup storage in the Portal. Before the change is confirmed, the Portal shows the new monthly amount and any additional charge.

6.2. An increase takes effect promptly. A pro rata additional charge is taken for the remainder of the current Billing Period. If payment of the additional charge requires further confirmation by the Customer, the increase is applied once it has been paid.

6.3. A decrease applies from the next Billing Period, with no refund for the current period. The number of Licences or the Backup storage cannot be reduced below current use.

6.4. The requirement of clause 2.5 also applies after a change of quantities.

7. Payment arrears and suspension of the Service

7.1. If a payment fails, the Provider sends the Customer a reminder email with a link to pay the overdue invoice and sets an additional payment deadline of no less than 7 days (§6.8 of the General Terms).

7.2. After the additional deadline has passed without effect, the Provider may suspend the Service: the Organisation is disabled in the Backup console, new Backups are not written to the Backup storage, and stored Backups remain intact. Suspension does not end the Subscription: invoices for further Billing Periods are still issued during the suspension and are due when the Service is resumed (clause 7.3) and when it is restored during the Retention period (clause 8.6).

7.3. Once the arrears are paid — all unpaid invoices, including those issued for the suspension period — the Provider promptly restores the Service.

7.4. If the arrears exceed 60 days from the payment deadline despite a demand for payment, the Provider may terminate the Contract with 30 days' notice (§14.2 of the General Terms). After termination, section 8 (Retention period) applies.

7.5. Suspension of the Service for a breach of the AUP or a security threat takes place under the AUP and the General Terms.

8. Cancellation, end of the Subscription, Retention period and data deletion

8.1. Cancellation by the Customer. The Customer may cancel the Subscription at any time in the Portal or by a statement sent to office@webdisk.io (§14.1 of the General Terms). Cancellation takes effect at the end of the paid Billing Period; until then the Service continues unchanged, and the Customer may withdraw the cancellation in the Portal.

8.2. A Customer who is a Consumer or a Business with Consumer Rights may demand termination of the Contract with immediate effect, with a pro rata refund of the fee for the unused period (§14.1 of the General Terms); clauses 8.4–8.9 then apply to the Backups.

8.3. Immediate termination with data deletion. Instead of cancelling at the end of the Billing Period, the Customer may in the Portal end the Subscription with immediate effect and at the same time order the permanent deletion of the Organisation and the Backups, confirming this by typing the word indicated in the Portal. The Provider carries out the deletion only after the Subscription has been successfully ended in the payment system; the deletion takes place without a Retention period and is irreversible (clause 8.7). The fee for the current Billing Period is not refunded, subject to clause 8.2.

8.4. Retention period. When the Subscription ends — for whatever reason — a Retention period of 30 days begins. During the Retention period:

• the Organisation is suspended and no new Backups are written,
• stored Backups are kept unchanged,
• the Provider charges no fees,
• the Provider informs the Customer by email of the date of permanent deletion of the Backups when the Subscription ends, and again before deletion.

8.5. Access to Backups during the Retention period. During the Retention period the Customer has no self-service access to the Backup console — the Organisation is suspended. At the Customer's written request sent to support@webdisk.io, the Provider makes the Backups available for download throughout the Retention period (clause 8.4); this is how the Provider provides access to the Customer Data for the purpose of retrieving it under §14.4 of the General Terms. The Customer downloads invoices in the Portal.

8.6. Restoring the Service. During the Retention period the Customer may restore the Service by ordering it again in the Portal. The Provider then connects the existing Organisation and Backups to the new Subscription. Restoring requires prior payment of the outstanding invoices of the previous Subscription, including those issued for the suspension period (clause 7.2).

8.7. Permanent deletion. After the Retention period, the Provider permanently deletes the Backups, the Organisation and the accounts in the Backup console. Deletion is irreversible: the Provider has no way of recovering deleted Backups.

8.8. Agents. After the Service ends, the Customer uninstalls the agents from its devices.

8.9. We recommend that the Customer restores any data it needs before the end of the paid Billing Period.

8.10. Retention after deletion. After permanent deletion of the Backups we keep only:

• a log of operations concerning the Service, without the content of Backups (timestamp, type of operation, status) — for 12 months, for security purposes and to comply with requests from authorities,
• accounting records (invoices, amounts, tax identification data) — for the period required by accounting and tax regulations, as a rule 5 years from the end of the financial year.

8.11. Termination by the Provider. The Provider may terminate the Contract in the cases and with the notice periods set out in §14.2 of the General Terms. After termination, the Retention period applies unless this is contrary to law or a decision of the competent authority (§14.3 of the General Terms).

9. Infrastructure, data location and availability

9.1. Data location. The content of this clause will be completed before the document takes effect.

9.2. Shared infrastructure. Backups of different Customers are stored on shared infrastructure and are logically separated: each Organisation has its own area and its own Backup storage limit.

9.3. Immutability. In its current form, the Service does not provide immutability of Backups or protection against their deletion.

9.4. Encryption. The Provider does not declare encryption of Backups on its side. A Customer that requires encryption applies it at the level of its own systems or in the job configuration, if the Backup console allows it (clause 4.4).

9.5. Updates. The Provider updates the software of the Service infrastructure and the Backup console. An update may involve brief unavailability of the Backup console or a pause of jobs, and may require the Customer to update agents; we give advance notice of changes that require action by the Customer.

9.6. Availability (SLA). Availability parameters, rules for reporting failures, maintenance windows and compensation are set out in the SLA Terms and Conditions to the extent they cover the Service.

10. Acceptable use of the Service

10.1. The AUP applies to the use of the Service.

10.2. Backup storage is used solely to store Backups created with the software covered by the Service. It is not a file store and is not used to share content with third parties.

10.3. The Customer does not make the Organisation or the Licences available to third parties outside its own organisation and does not resell the Service without the Provider's written consent.

10.4. The Provider does not monitor the content of Backups. The procedure on obtaining knowledge of the unlawful nature of data is set out in §10 of the General Terms.

11. Protection of personal data

11.1. The rules for processing personal data for which the Provider is the controller (WebDisk account data, billing data, technical data) are set out in the WebDisk Backup Privacy Policy.

11.2. We process personal data contained in Backups solely as a processor, on the Customer's instructions, under the Data Processing Agreement accepted at purchase. The Customer is the controller of that data.

12. Processors

In providing the Service, the Provider uses the following categories of processors:

We notify changes to the list of processors 30 days in advance. The Customer has the right to raise a reasoned objection under the Data Processing Agreement.

13. Reporting security incidents

13.1. The Customer promptly informs the Provider of a breach of security of the WebDisk account or the Organisation (in particular of takeover of Backup console credentials) at security@webdisk.io or through the ticket function in the Portal. We accept abuse reports at abuse@webdisk.io.

13.2. In the event of a personal data breach on the Provider's side, we notify the President of the Personal Data Protection Office within 72 hours of becoming aware of it (Article 33 GDPR), and the affected persons without undue delay if the breach is likely to result in a high risk to their rights and freedoms (Article 34 GDPR). Breaches concerning data in Backups are reported to the Customer under the Data Processing Agreement.

14. Liability

14.1. The Provider provides the Service with due professional diligence and is liable for damage caused by non-performance or improper performance of the Contract.

14.2. The Provider is not liable for:

• missing or incomplete Backups for the reasons listed in clause 4.3,
• defects in the manufacturer's software (clause 2.6),
• the consequences of the Customer disclosing access credentials to unauthorised persons,
• loss of data that the Customer could have restored before the permanent deletion of Backups after the Retention period,
• unavailability covered by the exclusions in the SLA Terms and Conditions.

14.3. The Provider's liability for damages covers actual loss, excluding lost profits, and is limited to the fees paid by the Customer for the Service in the 12 months preceding the event giving rise to the damage.

14.4. The limitations of liability in clauses 14.2 and 14.3 do not apply to damage caused intentionally or to the extent that mandatory provisions of law, in particular consumer protection law, do not permit them.

15. Provisions concerning consumers

15.1. §12 of the General Terms always applies to a Customer who is a Consumer or a Business with Consumer Rights. The key rights are summarised below.

15.2. Right of withdrawal. The Customer may withdraw from a distance contract within 14 days of its conclusion, without giving a reason and without incurring costs, subject to clause 15.4. Sending the statement before the deadline expires is sufficient.

15.3. How to withdraw. The statement may be made in any form, in particular by email to office@webdisk.io or in writing to: Mazura sp. z o.o., ul. Baśniowa 1C/2, 05-091 Ząbki. The model form in Annex 2 to the Polish Consumer Rights Act may be used, but this is not mandatory.

15.4. Performance before the withdrawal period expires. The Service starts promptly after payment, at the Customer's express request made when ordering. A Customer who subsequently withdraws pays for the performance rendered up to the moment of withdrawal, in proportion to its scope and taking into account the agreed price.

15.5. Refund. The Provider refunds payments — subject to clause 15.4 — promptly, no later than within 14 days of receiving the statement, using the same means of payment, unless the Customer has agreed to another method that entails no costs for it. Section 8 applies to the Backups after withdrawal.

15.6. Liability for lack of conformity of the Service with the Contract and out-of-court dispute resolution are governed by §12.6–12.8 of the General Terms.

16. Complaints

16.1. Complaints are handled in accordance with §13 of the General Terms. A complaint may be submitted by email to office@webdisk.io, in writing to: Mazura sp. z o.o., ul. Baśniowa 1C/2, 05-091 Ząbki, or through the ticket function in the Portal.

16.2. We respond within 14 days of receiving the complaint. For Consumers and Businesses with Consumer Rights, no response within that period means the complaint is accepted.

17. Final provisions

17.1. Changes to the Backup Terms. The Provider may change the Backup Terms for important reasons, in accordance with §15 of the General Terms, notifying the change by email 30 days in advance. A Customer who does not accept the changes may terminate the Contract before they take effect.

17.2. Language versions. The Backup Terms are available in Polish, English, Ukrainian and German. In the event of discrepancies between the language versions, the Polish version is binding.

17.3. Governing law and jurisdiction. The Contract is governed by Polish law and §16.2–16.3 of the General Terms apply. The choice of Polish law does not deprive a Consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

17.4. Invalidity. If any provision of the Backup Terms proves invalid or ineffective, the remaining provisions remain in force.

17.5. Contact. Questions about the Backup Terms: legal@webdisk.io. Personal data protection: iod@webdisk.io. Technical support: support@webdisk.io. Abuse reports: abuse@webdisk.io. Complaints and other matters: office@webdisk.io.

Mazura sp. z o.o. · WebDisk Backup · Service Terms · version 1.0 · draft — effective date after approval