Terms and Conditions

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SKYBOX TERMS AND CONDITIONS

1. INTRODUCTION

1.1. This Agreement is between you and Silicon Sky Consulting Proprietary Limited (registration number 2009/008196/07) with its offices at Silver Stream Business Park, 10 Muswell Road, Bryanston (“Silicon Sky”).

1.2. Your use of and access to Skybox (which is a cloud storage facility) is governed by these terms and conditions and Silicon Sky’s Acceptable Use Policy (“AUP”), which can be found at http://www.siliconsky.co.za/aup (collectively referred to as the “Agreement”).

1.3. Please read Silicon Sky’s Privacy Policy located at http://www.siliconsky.co.za/privacy-policy that describes how your information shall be collected, processed, used and treated. Silicon Sky is entitled to collect, process and use your information in accordance with the terms of its Privacy Policy for purposes of providing the Services.

1.4. By clicking “Agree”, you are explicitly acknowledging that you have read, understood and agree to this Agreement.

1.5. Important clauses which may limit our responsibility or involve some risk for you will be in bold. Please pay special attention to these clauses.

2.2. SERVICE

2.1. Skybox allows you to access, store and transmit (collectively referred to as the “Service” in the remainder of this Agreement) information, content and material including, without limitation, contacts, calendars, photos, documents, reports, files and folders (collectively referred to as “Content”) using a compatible electronic device such as a desktop computer, laptop, cell phone and/or tablet (“Device”).

2.2. Your Content is hosted in data centres in the United Kingdom.

3. 3. DURATION AND OPENING AN ACCOUNT

3.1.  To use the Service, you will be required to open a Skybox account.

3.2. This Agreement shall come into effect on the date that Silicon Sky accepts the opening of your Skybox account by emailing you such acceptance and will continue on a month-to- month basis. You may terminate your use of the Service on one clear calendar months’ notice.

3.3. You agree to provide accurate and complete information when you open an account and you further agree to update your information, from time to time, in order to keep it accurate, current and complete.

3.4. When opening an account, you will be assigned a username and be required to create your own password that will enable you to use the Service.  You undertake not to disclose your password to anyone and if you do, you accept that you are allowing other persons to access your Content. 

4.3. REQUIREMENTS FOR USING THE SERVICE

4.1. Capacity

4.1.1. You may only enter into this Agreement and use the Service if you have legal capacity and are not precluded from doing so under any applicable laws. You do not have the necessary legal capacity if, for example: a court order has declared you to be mentally unfit; or you are under the under the age of 18. If you are under the age of 18, your parent or guardian will be required to consent to you entering this Agreement.

4.1.2. If the person entering into this Agreement, and using the Service, on behalf of an organisation or company, then such person is agreeing to the terms of this Agreement for that organization or company and warrants that he/she has the necessary authority to bind that organization or company to this Agreement. In that case “you” and “your” will refer to that organization or company.

4.2. Internet access, software and devices

4.2.1. In order to use the Service, you will require internet connectivity and a Device. You may further be required to download certain software.  You agree that these requirements and the costs thereof are your responsibility. 

4.2.2. Silicon Sky is not responsible for any issues due to internet connectivity, including, without limitation, bandwidth availability, irregular service, shaping and other such circumstances that are beyond Silicon Sky’s control.

4.3. Limitations on use

4.3.1. You agree that the Service is designed and intended for personal use only and you will not copy, sell, lease, licence, sub-licence or otherwise provide the Service (or any part thereof) to any other person.

4.3.2. You agree to use the Service only for purposes permitted by this Agreement and to the extent permitted by any applicable law.

5. FEES AND PAYMENT

5.1. You will be liable and will pay the fees for the Service, without set off or deduction, monthly in advance to Silicon Sky.

5.2. If payment is made by credit card, be assured that Silicon Sky will encrypt the transmission of that information using secure socket layer technology. Alternatively, if you choose to pay via debit order, Silicon Sky will automatically debit your bank account on or before the last day of the month unless Silicon Sky receives your notice of termination as set out in clause 9.1.1.

5.3. All fees and costs are exclusive of value added tax (VAT) and such other taxes payable in respect of any Service , which taxes will be payable by you (except taxes based on the income of Silicon Sky).

5.4. Silicon Sky shall be entitled to increase the fees and costs if there are any changes to the taxes payable in respect of the Service.

5.5. Silicon Sky shall further be entitled to review and increase fees provided that you are given at least one month’s notice of such increase.

6. CONTENT

6.1. Ownership

Silicon Sky and its third party service provider shall not have any rights to your Content except to the extent required to provide the Service.

6.2. Sharing

The Service provides features that allow you to share your Content with others or to make your Content public (for example, by using blogs, forums and other publicly accessible community services).  You agree that by doing so, you will bear the responsibility thereof and that such other persons may use, copy, modify and further share your Content and that such Content may remain available to the public even after you stop using the Service.

6.3. Conduct

6.3.1. You are solely responsible for your conduct and all activities that occur on or through your Skybox (for example, your communications with others).

6.3.2. You are solely responsible for your Content and any other Content that you, or any person to whom you give access to your Skybox, may generate, access, store, transmit or otherwise use via the Service.

6.3.3. You will and will ensure that, any person to whom you give access to your Skybox, will use the Service for lawful purposes only and in accordance with all applicable laws (including anti-spam legislation) and the AUP.

6.4. Backups of your Content

6.4.1. Your Skybox should not be used as your only source of storage.

6.4.2. You are responsible for backing up your Content to another Device and for the costs thereof.

6.4.3. Silicon Sky shall use reasonable skill, care and diligence to provide the Service, but Silicon Sky does represent or warrant that any Content will not be damaged, corrupted or lost.

6.4.4. Silicon Sky will not be liable for any damage, loss or corruption of Content unless such liability is attributable to the gross negligence of Silicon Sky or any person acting for or controlled by Silicon Sky.

7. SECURITY

7.1. Silicon Sky will use commercially reasonable efforts to protect the cloud infrastructure that houses your Skybox and comply with generally accepted standards to protect the information submitted to it, both during transmission and once it has been received

7.2. However, you acknowledge that no method of electronic transmission or storage is 100% secure and consequently Silicon Sky cannot guarantee the absolute security of your use of the Service.

7.3. You are responsible for safeguarding the password that you use to access your Skybox and agree not to disclose your password to another person.

7.4. You are solely responsible for maintaining the confidentiality and security of your Skybox.

7.5. You agree to immediately notify Silicon Sky of any security breach of your Skybox.

7.6. Silicon Sky shall not be liable for any unauthorised use of, or access to, your Skybox unless such liability is attributable to the gross negligence of Silicon Sky or any person acting for or controlled by Silicon Sky.

8. SOFTWARE

8.1. Ownership

Silicon Sky or its licensors own the Service, including but not limited to, any software provided to you as a part of and/or in connection with the Service (“Software”).

8.2. Licence to use

8.2.1. While you are entitled to use the Service, Silicon Sky grants you a limited licence to do so. This Agreement does not give you any other right to the Service and/or Software.

8.2.2. The licence is not exclusive to you and you may not transfer or sub‑licence it to anyone else.

8.3. Updates and new versions

From time to time updates and new versions of the Software will become available.  Should they not be automatically downloaded by your Device, you will be required and you agree to install such update or new version.

9. SUSPENSION AND TERMINATION

9.1. If Silicon Sky terminates the Service and/or Agreement for convenience, without making available a reasonably accessible alternative facility, Silicon Sky shall:

9.1.1. give written notice of that intention to you at least 40 (forty) business days before the intended date of termination; and

9.1.2. no later than 5 (five) business days after terminating the Service, refund you the unused portion of fees paid for the Service on a pro-rata basis.

9.2. Silicon Sky may terminate this Agreement 5 (five) business days after giving you written notice of a failure by you to comply with this Agreement, unless you rectify the failure within that time.

9.3. Silicon Sky is entitled to suspend the provision of the Service:

9.3.1. if Silicon Sky suspects that your Skybox account has been used fraudulently or unlawfully;

9.3.2. in order to comply with any applicable law or requests of governmental entities, in each case that adversely affects Silicon Sky’s ability to provide the Service;

9.3.3. in order for Silicon Sky or its third party service provider to repair, maintain, upgrade, modify, replace or improve the Service and/or the cloud infrastructure;

9.3.4. where you have not made payment of monies owing to Silicon Sky by the due date; or

9.3.5. if you fail to comply with any provision of this Agreement.

provided that the period of suspension will be that which is reasonable under the particular circumstances.

9.4. Silicon Sky shall try to notify you of any such suspension.

9.5. Silicon Sky will not be liable for any losses, costs, expenses and/or damages suffered and/or incurred by you as a result of any such suspension.

9.6. Upon termination of this Agreement, you will no longer have use of the Service including, but not limited to, access to your Skybox account and Content. Silicon Sky will not be required to maintain or store, and may delete, your Content after a period of 30 (thirty) days.

10. INDEMNIFICATION

10.1. You unconditionally and irrevocably agree to defend, indemnify and hold Silicon Sky, its group of companies and their respective employees, representatives and third party service providers harmless from and against any claim or demand made by a third party relating to: any Content that you may generate, access, transmit, store or otherwise use via the Service; your use of the Service and your Skybox account; and any breach by you of this Agreement.

11. DISCLAIMER OF WARRANTIES

11.1. You agree that the Services are provided “As Is” and "As Available". 

11.2. Silicon Sky does not warrant, guarantee or represent to you the availability, security, reliability, quality, merchantability, fitness for purpose, title or non‑infringement of intellectual property rights of the Service. For example, your use of the Service may be uninterrupted.

11.3. Any Content obtained through the use of the Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your Device or loss of data that results from obtaining such Content.

11.4. Further, Silicon Sky does not warrant, guarantee or represent that any Content will be complete, appropriate, accurate, reliable or of a certain quality. 

12. LIMITATION OF LIABILITY

12.1. To the fullest extent permissible by applicable law and save for any damages or losses falling within the ambit of section 51(1)(c) of the Consumer Protection Act 68 of 2008 (as amended), where applicable, you expressly understand and agree that:

12.1.1. Silicon Sky’s maximum aggregate liability will be limited to the monthly fee payable for the Service; and

12.1.2. neither you nor Silicon Sky will be liable for any indirect, special or consequential damages and/or losses or any loss of material, data, business or profits

arising from or related to this Agreement even if you or Silicon Sky have been advised of the possibility of such damages and whether such claim, loss or damage results from breach of contract, delict or any other cause without limitation.

13. ADDRESSES FOR LEGAL NOTICES

13.1. Your physical (street) address set out in “Account Settings” is your chosen address for receiving any legal proceedings and legal notices (for example, a summons). You must immediately update your “Account Settings” if your address changes.

13.2. We may choose to send notices that are not legal notices, to the email address set out in your “Account Settings”.

13.3 .We will assume that you have received any notice we send to you within 7 (seven) days of posting, or on the same day if delivered by hand or sent by email.

13.4. You must notify us immediately of any change of address.

13.5. Silicon Sky chooses as its address for purpose of receiving legal proceedings and legal notices, at Silver Stream Business Park, 10 Muswell Road, Bryanston South Africa, For the attention of: The Managing Director.

14. CHANGES TO THIS AGREEMENT

14.1. Silicon Sky may, from time to time, change, add or remove features or functionality from the Service or change this Agreement by replacing or adding terms or conditions.

14.2. Such changes will be communicated to you and, if accepted, will be effective immediately and will automatically amend this Agreement.

14.3. Should you refuse or fail to accept such changes, Silicon Sky will have the right to immediately terminate this Agreement and your Skybox account and refund you the unused portion of fees paid for the Service on a pro-rata

14. GENERAL

15.1. Silicon Sky will not be liable for any failure or delay in performing its obligations if such failure or delay is caused by circumstances beyond its reasonable control, including laws and regulations, natural disasters, fire, accident, labour disturbances, breakdown of machinery and non-delivery or delay by third party service providers or suppliers.

15.2. No party will be bound by any term, representation, warranty or promise not stated in this Agreement.

15.3. You may not change the terms or conditions of this Agreement.

15.4. South African law governs this Agreement.

15.5. Silicon Sky may institute legal action against you (for example, sue you) in a Magistrates’ Court, even if its claim against you is greater than would otherwise be allowed.

15.6. Any favour, concession, indulgence, extension of time that Silicon Sky may allow you will not affect or substitute any of Silicon Sky’s rights against you.

15.7. Each clause and paragraph of the Agreement is a separate and independent provision. If any provision is found to be invalid, illegal or unenforceable, such provision shall not affect the remaining provisions, which shall remain binding.

15.8. Termination of this Agreement or one or more of the rights and obligations will not affect the terms of this Agreement, which are intended to continue to have effect and apply after such termination.

15.9. You may not transfer or assign any of your rights and obligations in this Agreement. Silicon Sky may, without your consent, transfer or assign its rights and obligations to any of its group of companies, provided such transfer will not be to your detriment.

15.10. Silicon Sky and your rights and obligations will be binding upon and inure to (i.e. come into legal effect) the benefit of Silicon Sky and you as well as your successors and permitted assigns.