Terms

Terms and conditions

These are the agreements between you and DataVault365 when you use our backup service for Microsoft 365. We keep them deliberately compact and readable. These terms apply to all subscriptions, quotations and services of DataVault365, unless a signed agreement expressly states otherwise.

Last updated: 5 September 2026. This is a translation for convenience; in case of differences the Dutch version prevails.

1. Definitions

What do we mean by the terms used?

DataVault365: the backup service of Altena Software Development & IT Management, trading as Altena Digital, Dutch Chamber of Commerce no. 98829106. Referred to below as “we”.
Customer: the organisation that takes out a DataVault365 subscription. Our service is intended for business use.
Service: periodically creating, storing and, on request, restoring backups of the customer’s Microsoft 365 environment (Exchange Online, OneDrive, SharePoint and Power Automate), including the customer portal.
Subscription: the chosen plan (Essential, Compliance or Enterprise) with its number of users, coverage and retention period.
User: a Microsoft 365 account of the customer that is protected by the service.
Backup data: the copies of data from the customer’s Microsoft 365 environment that the service stores.
Data processing agreement: the agreements on the processing of personal data in the backup data, see section 8.

2. Agreement

How is an agreement concluded?

An agreement is concluded as soon as the customer confirms a proposal or quotation in writing, by email or by signed document, or as soon as we have accepted a registration through the customer portal. The prices and plans on our website are indicative; the proposal is decisive. The service has a minimum of 10 users or € 39.50 per month.

We may decline a request, for example if the Microsoft 365 environment is technically unsuitable or if there is doubt about the customer’s creditworthiness.

3. Term

Term, renewal and cancellation

A subscription has a term of 12 months, starting on the commencement date stated in the proposal.
At the end of the term the subscription is automatically renewed for successive periods of 12 months, unless either party cancels in writing no later than one month before the end of the current period.
The number of users can be increased during the term; the additional users are invoiced pro rata for the remaining term. A reduction in the number of users takes effect at the next renewal.
At the end of the agreement, section 8 applies to the backup data.

4. Fees

Fees and payment

Fees apply per user per month and exclude VAT. The subscription is invoiced annually in advance, unless agreed otherwise.
Each plan includes an amount of storage per user (Essential 50 GB, Compliance 100 GB, Enterprise as stated in the proposal), pooled across the organisation. We measure the stored backup data after compression and deduplication. Usage above the included storage is measured monthly and invoiced in arrears per block of 100 GB at the applicable rate (€ 10 per 100 GB per month at the time of publication of these terms). We inform the customer as soon as usage reaches 80% of the included storage.
The payment term is 14 days from the invoice date.
If payment is not received after a reminder, we may suspend the service until payment has been made. We always announce a suspension in advance. During a suspension no new backups are made; existing backup data is retained in accordance with section 8.
We may adjust our fees annually. We announce an adjustment at least one month before the renewal date and it takes effect at the next renewal. If the increase exceeds 10%, the customer may cancel the subscription as of the renewal date.

5. The service

What can you expect from DataVault365?

We automatically and periodically back up the components covered by the chosen subscription. For Essential and Compliance this is a daily backup.
Backup data is retained for the retention period of the chosen subscription, up to a maximum of seven years, and stored on servers within Europe.
Through the customer portal the customer can search available restore points and start restore actions. Restore actions are logged.
Backup data is transferred encrypted and stored encrypted. Access to systems is limited to authorised roles; administrators sign in with their Microsoft account with multi-factor authentication.
We provide support by email on working days. Under the Compliance and Enterprise plans, support is handled with priority.
For Enterprise, the additional agreements in the proposal apply, for example on retention, implementation and reporting.

The service is a best-efforts obligation. We set up our systems with care, but cannot guarantee that every backup run always completes in full, for example due to limitations or outages at Microsoft. Failed runs are retried and are visible in the customer portal.

6. Your responsibilities

What do we expect from the customer?

The customer grants the service access to its Microsoft 365 environment through Microsoft’s official interfaces and maintains that access and the required permissions. Without valid access no backups can be made.
The customer decides which users and components are protected and reviews that configuration regularly, for example when new employees join.
The customer’s administrators sign in to the customer portal with their Microsoft account with multi-factor authentication. The customer handles those accounts with care, limits access to authorised staff and reports misuse immediately.
The customer is responsible for the content and lawfulness of the data being backed up and for informing data subjects where required.
The customer verifies the result of restore actions and reports any discrepancies as soon as possible.
The service may not be used for unlawful purposes or for data to which the customer holds no rights.

7. Availability

Availability and maintenance

We aim for high availability of the customer portal and the backup systems. We carry out planned maintenance outside office hours where possible and announce it in advance. We resolve outages as quickly as reasonably possible.

The service depends on Microsoft’s services and interfaces. Outages, changes or limitations on Microsoft’s side, and outages at internet or hosting providers, are beyond our control. We monitor these dependencies within reason and inform the customer of prolonged disruptions.

8. Data

Backup data, privacy and termination

The customer is the controller for the personal data in the backup data; we are the processor. The data processing agreement of DataVault365 applies to the processing and forms part of the agreement. On request we provide a signed copy.
We process backup data solely to deliver the service. We do not look into the content of backups and do not share them with third parties, unless the law requires us to.
Backup data is held on servers in Germany and stored encrypted with a key the customer manages in its own Microsoft Azure environment. How we handle personal data is described in our privacy policy.
After the agreement ends, the backup data remains available for 30 days so the customer can still restore or export data. After that we delete the backup data permanently. On request we delete it earlier.
In the event of a data breach affecting the backup data, we inform the customer without undue delay and no later than 48 hours after discovery.

9. Confidentiality

Confidentiality

Information that the parties share with each other in the context of the agreement is treated as confidential and is not disclosed to third parties without consent. This applies in particular to the backup data, the configuration of the customer’s Microsoft 365 environment and the fees. This obligation continues after the agreement ends.

10. Liability

Liability

Our liability for damage arising from the agreement is limited, per event, with related events counting as one event, to the amount the customer paid for the service in the twelve months preceding the event.
Liability for indirect damage, consequential damage, lost profit, missed savings and damage due to business interruption is excluded.
We are not liable for damage caused by the customer revoking or misconfiguring access to Microsoft 365, by data that was already lost before the first backup, or by outages and limitations at Microsoft or other providers beyond our control.
These limitations do not apply in the case of intent or deliberate recklessness on our part.
A claim lapses if the customer has not reported it to us in writing within twelve months of discovery.

11. Suspension and termination

Suspension and termination

We may suspend the service or terminate the agreement with immediate effect if the customer, after a written warning, fails to meet its obligations, misuses the service, or is declared bankrupt or granted a suspension of payments. Either party may terminate the agreement if the other party fails to meet a material obligation even after a reasonable period to remedy it. Amounts already invoiced remain due.

12. Changes

Changes to the service and to these terms

We continue to develop the service and may add, change or replace features, as long as the core of the service (creating, storing and restoring backups) is preserved. We may amend these terms. We announce significant changes at least one month in advance by email or through the customer portal. If a change is detrimental to the customer, the customer may terminate the agreement as of the date the change takes effect.

13. Governing law

Governing law and disputes

The agreement and these terms are governed by Dutch law. The parties prefer to resolve disputes by mutual agreement. If they cannot, the dispute is submitted to the competent court in the district where Altena Digital is established.