Cloud T & Cs and License agreement

Welcome

THIS LEGAL AGREEMENT BETWEEN YOU AND VODAFONE GOVERNS YOUR USE OF CLOUD CLIENT AND WEBSITE (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING &”AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS AND USE THE SERVICE.

The Service allows the Customer (you) to back up and synchronize the contents of your regular handset and PC (e.g. photos, videos, songs and other mobile files) over Wi-Fi or Mobile Network. We recommend doing your first backup over Wi-Fi as you may have lots of photos and videos stored on your handset which you would like to upload to the Service.

With respect to Customer Data, Vodafone does not claim ownership of the materials and/or content you submit or make available on the Service. However, by using the Service you consent and agree that Vodafone may collect, use, transmit, process and maintain information related to your account and any registered devices, for the purposes of providing the Service, and any features therein, to you.

Vodafone shall use reasonable skill and due care in providing the service, but does not guarantee that any content you may store or access through the Service will not be subject to unintentional damage, corruption, loss or destruction, or removal in accordance with the terms of this agreement. Vodafone does not accept responsibility or liability should any such incident occur. You agree and acknowledge that you are responsible for the processing of personal data inherent to the contents of your handset and PC (the "Customer Data"). In this sense, Vodafone purely operates as your subcontractor in relation to the storage and management of your data.

If you cease to be a Vodafone customer or stop using the Cloud Service for more than three months, your data will be stored for a further 30 days in a read only state where after your account will be deleted, the data contained in the cloud therein, shall be deleted.

We may stop, suspend, or modify these services at any time without prior notice to you. We may also remove any content from the Service at our discretion.

Terms of Use

To use or have access to the Service, you need to be an active Vodacom Customer. You will be assigned a username and create your own password which will enable you to use the service. We strongly advise that you keep your username and password confidential and not share this information with any other third party. Vodafone does not accept any liability for any third party gaining access to your data as a result of you compromising your username and password.

Use of the Service requires compatible devices (Android 2.2 version and higher, IOS version 5 and higher & Windows phone 8), Internet access and certain software; The Service may require occasional updates and may continue to change over time as we develop and add more features. We may ask you to accept updates and in order to continue receiving the most up-to-date functionality you will need to download these updates.

Privacy

How we collect and use your information generally is explained in our Privacy Policy.

Acceptable use Policy

We are proud of the trust placed in us. In exchange, we trust you to use our services responsibly.

You agree to use the Service only for purposes as permitted by this Agreement and any applicable law or regulation. For example, you must not, and must not attempt to, use the services to do the following things:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, Vodafone (or our Contactor’s ) computer systems;
  • overloading, flooding, spamming, or mail-bombing any part of the Services;
  • plant malware or otherwise use the Services to distribute malware;
  • access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • Share unsolicited communications, promotions or advertisements, or spam;

Publish anything that is fraudulent, misleading or infringes another's rights.

Upload or share explicit or illegal content

Such content and/or activities can be flagged by any Vodafone Cloud users who receive it and if such content and/or activities are discovered, your account will be made available to the relevant authorities. This may be done without prior notice to you.

Account Security

You are responsible for safeguarding your username and password used to access the Service and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorised the activity. You should immediately notify Vodafone of any unauthorised use of your account.

You further acknowledge that the data circulating on the internet is not fully protected against unauthorized third party access and you indemnify Vodafone against any damage you may suffer as a result of your personal data being compromised beyond the control of Vodafone.

You acknowledge that if you wish to protect your transmission of data or files to Cloud, it is your responsibility to use a secure encrypted connection to communicate with the Service.

Free Account

Vodafone allows you to store 5GB worth of content free of charge. Vodafone reserves the right to terminate Free Accounts at any time, with notice. Without limiting the generality of the foregoing, if a Free Account is inactive for 90 days, then Vodafone will move the account to a read-only state for 30 days. Furthermore Vodafone will delete all your account and files without providing additional notice.

Costs

There is no charge to you to use this Service up to the allocated set amount of free storage capacity as notified to you on sign up. Additional storage is available for purchase. Your prevailing data rate will be applied for downloading the Service and uploading content to the Vodafone Cloud over the mobile network. The data consumption will form part of your data bundle or tariff plan or if you are an out of bundle browser you will be charged at the standard network rates.

Upgrades and Downgrades

You can upgrade or downgrade your cloud package at any given time from either the Application, Desktop client or the website. Were applicable you will be charged immediately for any upgrade or downgrade to a non-free package and any fees paid by you before you changed packages are non-refundable.

Storage size Upgrade: Additional storage is available for purchase on a monthly subscription basis, as per the below table

Cloud StorageAll Vodacom Tariffs All Vodacom Red Tariffs iTunes 
Up to 5 GB Free Free  
Up to 10 GB R9 p/m   
Up to 25 GB R19 p/m R19 p/m 60GB per year for R480.00 
50 GBR35 p/m R35 p/m  
Uploading & downloading of content      At prevailing data plan rate         At prevailing data plan rate           
Contacts Free   Free


Downgrades: You can downgrade your Account to a different package with lower storage space, or you can downgrade to a Free Package. However, you will be immediately billed for downgrading from one paid package to another paid package.

IMPORTANT NOTICE

IT IS YOUR RESPONSIBILITY, WHEN YOU DOWNGRADE YOUR STORAGE, FOR EXAMPLE; FROM 10GB TO 5GB, TO SELECT THE ITEMS IN YOUR STORAGE TO BE SYNCHRONISED TO YOUR NEW STORAGE ACCOUNT.

Termination

Termination by You

You may terminate your Account and/or stop using the Service at any time. If you wish to stop using the Service on your Device, you may remove your Cloud account from any of the service’s Clients or web URL. Any fees paid by you prior the termination are non-refundable. Subscription will run its term and thereafter it will go into read only state for 30 days.

Termination by Vodafone

Vodafone may terminate your account upon prior notice via email to the address associated with your account if (a) you disconnect or are disconnected or barred from the Vodafone network (b) you request that Vodafone close your Cloud account or (c) you are a Prepaid or Top-up customer who has entered into a paid cloud subscription, but do not have sufficient funds in your account to cover the monthly subscription fee.

Vodafone may at any time, under certain circumstances and without prior notice, immediately terminate or suspend your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Vodafone in its sole discretion and Vodafone will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspensions of your account and/or access to the Service.

Effects of Termination

Upon termination of your Account you will have a Read-only access to your account for a period of 30 days from the day of termination. After the 30 day period has lapsed, Vodafone will delete information and data stored in or as part of your account.

Should you forget your password or any other cloud service queries you can contact customer care 082111.

Changing the terms of this Agreement

We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. For material changes Vodafone may send an email to the primary address associated with your account notifying you of such. It is your responsibility to check the website and/or your primary email address for any such notices. By continuing to access or use this Service after revisions become effective, you agree to be bound by the revised Terms.