(Integral Part of Tublat Ltd’s General Terms and Conditions)
Premise
This Integration (the “Orbit Integration” or “Integration”) constitutes
an integral and substantial part of the General Terms and Conditions of Tublat
Ltd, published at https://tublat.com/legal/general-conditions (the “General
Terms”).
It specifically governs the activation, use, management, security, and
maintenance of the Orbit cloud storage and backup service (the “Orbit Service”
or the “Service”) provided by Tublat Ltd.
Where not expressly provided for in this Integration, the General Terms shall apply in full. In the event of any conflict between the provisions of this Integration and the General Terms, the provisions of this Integration shall prevail, in accordance with Clause 1.5 of the General Terms.
1. Purpose and Nature of
the Service
1.1 Definition of the
Service
Tublat Ltd provides the Customer with an online cloud storage and backup
service under the Orbit brand. The Service enables the Customer to upload,
store, manage, and retrieve data, files, and digital content via the Orbit
platform, in accordance with the plan selected at the time of subscription (the
“Plan”).
1.2 Service Limitations
The Orbit Service does not guarantee:
• uninterrupted, error-free, or
virus-free access to the Customer’s account or the Service;
• that data and files stored in the
Customer’s account will not be lost or damaged in any circumstances;
• that the Service will meet the
Customer’s specific needs or requirements;
• timely retrieval or access to stored
data at all times;
• compatibility with all operating
systems, devices, or third-party applications;
• the successful restoration of data
from backup in all scenarios, including in the case of entire machine backup,
disk clone backup, or bare-metal recovery, where factors such as dissimilar
hardware, boot file issues, RAID configurations, or other unforeseen
circumstances may cause the restore process to fail.
In the event of a failed full system restore, the Customer may still
recover individual files and folders from their backups, subject to
availability.
1.3 Technical
Modifications and Updates
Tublat Ltd may modify, update, or integrate the technical specifications
of the Orbit Service for security needs, regulatory compliance, or
technological evolution. Such modifications do not constitute a contractual
breach and will be notified to the Customer in accordance with the General
Terms.
1.4 "As Is"
Provision
The Orbit Service is provided on an “as is” and “as available” basis, at the Customer’s own risk. Tublat Ltd expressly disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law.
2. Account, Registration,
and Customer Obligations
2.1 Account Registration
Activation of the Orbit Service requires the Customer to register an
account and provide accurate, complete, and up-to-date information. The
Customer agrees to maintain and promptly update all registration information to
ensure it remains current and accurate at all times, in accordance with Clause
6.1 of the General Terms.
2.2 Account Security and
Credential Custody
The Customer is solely responsible for maintaining the confidentiality
of all account credentials, including passwords and, where applicable, any
private encryption key selected by the Customer. The Customer undertakes not to
share account credentials with any third party.
The Customer must immediately notify Tublat Ltd of any unauthorised
access to or use of their account. Tublat Ltd shall not be liable for any loss
or damage arising from the Customer’s failure to maintain the security of their
account credentials.
2.3 Private Encryption Key
Where the Customer opts to use a user-defined private encryption key,
the Customer acknowledges and expressly accepts that:
• Tublat Ltd will not have access to,
and will not store, such private key;
• the Customer bears sole
responsibility for safeguarding the private key and maintaining a secure copy;
• any data encrypted using such key
may be permanently irrecoverable in the event the Customer loses or forgets the
key; and
• Tublat Ltd accepts no liability for
any loss of data arising from the Customer’s failure to preserve the private
encryption key.
2.4 Lawful Use
The Customer must use the Orbit Service exclusively for lawful purposes
and in compliance with all applicable legislation. The Customer is solely
responsible for obtaining all necessary rights to all content and data stored
via the Service. It is prohibited to use the Service to store, disseminate, or
transmit:
• unlawful, infringing, defamatory,
offensive, or fraudulent content;
• malware, viruses, Trojan horses,
worms, or any other malicious code;
• copyrighted material or third-party content without authorisation.
The Customer shall be solely liable for any damage or regulatory
sanction arising from any breach of this clause.
2.5 Accuracy of
Information
The Customer warrants that all information provided is accurate and up-to-date and undertakes to promptly communicate any changes, in accordance with Clause 6.1 of the General Terms. Tublat Ltd shall not be liable for any failure to extend, renew, or maintain a service if the Customer fails to keep contact details current.
3. Plans, Storage Quotas,
and Permitted Use
3.1 Plan Types and
Permitted Use
Mini and Personal Orbit Plans are intended exclusively for personal and
home use. Business Customers must select a Business or Team Plan. The Customer
acknowledges that there may be material differences in pricing, storage
capacity, and functionality between Plan types.
3.2 Storage Quotas and
Overuse
The Orbit Service operates within the storage quota associated with the
Customer’s selected Plan (the “Quota”). Certain paid Plans may permit temporary
use of storage beyond the Quota to ensure uninterrupted backups. In such cases,
Tublat Ltd reserves the right to apply overuse charges in accordance with the
rates applicable at the time of subscription, as set out on the Orbit Service
pricing page.
The Customer is encouraged to upgrade their Plan or to perform archive
cleanup operations if usage regularly exceeds the Quota.
3.3 Prohibition on Bulk
Resale
Mini, Personal, Team, and Business Orbit Accounts are not authorised or licensed for bulk resale. If Tublat Ltd determines that an account is being used for resale without prior written authorisation, Tublat Ltd reserves the right to immediately suspend the account and to pursue any additional remedy available under this Integration and the General Terms.
4. Duration, Renewal, and
Termination
4.1 Duration and Automatic
Renewal
The Orbit Service subscription period is as indicated in the relevant
Plan (monthly or annual), unless otherwise agreed in writing. Subscription
renewal occurs automatically at the end of each subscription period, unless the
Customer provides written notice of termination in accordance with Clause 4.2
below. By subscribing to a recurring Plan, the Customer expressly authorises
Tublat Ltd to charge the registered payment method at the applicable renewal
date.
4.2 Customer Termination
Notice
To cancel renewal, the Customer must provide written notice of
termination via the Client Area or by registered letter with return receipt
addressed to the registered office of Tublat Ltd, at least 45 (forty-five) days
prior to the end of the annual subscription period.
4.3 Early Termination by
the Customer
If the Customer terminates the Contract early for reasons not
attributable to Tublat Ltd and not otherwise permitted by law for Consumers,
the Customer shall pay the liquidated damages set out in Clause 10.6 of the
General Terms, equal to 20% (twenty per cent) of the Contract value, in
addition to any fees remaining unpaid for the unexpired subscription period.
4.4 Non-Payment and Grace
Period
In the event of non-payment, Tublat Ltd will apply a grace period of 30
(thirty) days from the invoice due date. Following the expiry of such period
without regularisation, Tublat Ltd may proceed with the permanent deletion of
all data and of the Orbit account. The Customer shall have no right to claim
compensation or restitution in such circumstances.
4.5 Suspension and
Termination by Tublat Ltd
Tublat Ltd may suspend or terminate the Orbit Service in the
circumstances set out in Clauses 9.6, 9.8, and 12 of the General Terms,
including but not limited to contractual breach, improper or unlawful use,
non-payment, requests from competent authorities, or where the Customer’s use
poses a security risk to the platform. Suspension or termination does not
entitle the Customer to a refund, except for any proportional refund for unused
periods attributable to Tublat Ltd.
4.6 Free Accounts
Where a free-tier Orbit account is made available, Tublat Ltd reserves the right to terminate such account at any time, with or without notice. Without limitation, a free account that has been inactive for 90 (ninety) consecutive days may be terminated without further notice. An inactive account is an account in which no sign-in has occurred, whether automatically or manually, during the specified period.
5. Fees and Payment
5.1 Fees
The fees applicable to the Orbit Service are as indicated on the Tublat
Ltd website at the time of subscription and may be updated annually with prior
notice in accordance with the General Terms. All fees are exclusive of VAT and
any applicable taxes, which shall be borne by the Customer in accordance with
Clause 15.5 of the General Terms.
5.2 Payment Methods and
Recurring Charges
Payment must be made using payment methods approved by Tublat Ltd. In
the case of recurring Plans, the Customer expressly authorises automatic
renewal charges to the registered payment method at the applicable renewal
date. Late payments shall attract interest in accordance with Clause 15.6 of
the General Terms.
5.3 Billing Discrepancies
The Customer’s right to raise a billing discrepancy is waived unless
reported to Tublat Ltd via the Client Area or in writing within 30 (thirty)
calendar days of the date on which the relevant charge was applied.
5.4 Non-Refundability
All payments are non-refundable, except for proportional refunds in the
event of service interruptions directly attributable to Tublat Ltd, and except
as otherwise provided by law for Consumer customers.
6. Data Management,
Backup, and Recovery
6.1 Customer
Responsibility for Backups
Unless otherwise expressly stated in the applicable Plan, the Orbit
Service does not include automatic backup of the Customer’s local data. The
Customer is solely responsible for maintaining independent local backup copies
of all data stored via the Service. Tublat Ltd strongly recommends that the
Customer maintains a local backup as a complement to any cloud backup solution
and does not rely on the Orbit Service as the sole means of data preservation.
6.2 Data Redundancy
Tublat Ltd may or may not maintain redundant backups of primary
production data, depending on the storage infrastructure deployed. In the event
of hardware or software failure, Tublat Ltd cannot guarantee recovery of all
data and may request a fresh backup from the Customer. Recovery and repair
efforts may take significant time and are not guaranteed.
6.3 Version History
Where supported by the selected Plan, the Orbit Service may retain a
specified number of previous versions of backed-up files. Versions do not count
against the Customer’s Quota. However, Tublat Ltd reserves the right to limit
the number of retained versions where the storage required for version
retention materially exceeds acceptable thresholds.
6.4 Recovery Limitations
The Customer acknowledges that restoration of an entire machine, disk
clone, or volume may not be successful in all circumstances. Factors such as
dissimilar hardware, boot file configuration, RAID configuration, or other
system-related issues may cause a restore operation to fail. In such
circumstances, file-level and folder-level recovery may remain available.
6.5 Deletion of Data on
Termination
Upon termination or cancellation of the Customer’s account, for any reason, all data stored in the Orbit account will be permanently deleted from active systems. The Customer is solely responsible for retrieving or migrating their data prior to termination. Tublat Ltd shall have no obligation to retain, back up, or return data following account closure, in accordance with Clause 12.4 of the General Terms.
7. Sub-Accounts and
Multi-User Management
7.1 Sub-Account
Administration
Where the Orbit Service supports the creation of additional or
sub-accounts, the main account holder is responsible for the administration of
all sub-accounts and for ensuring compliance with this Integration and the
General Terms by all sub-account users.
7.2 Liability of Main
Account Holder
The main account holder shall be responsible for all activities carried
out under sub-accounts, including data storage, access, and any misuse. Tublat
Ltd shall serve as primary support provider at its discretion, and the main
account holder shall be the primary point of contact for sub-account-related
support in all other cases.
7.3 Termination of
Sub-Accounts
Termination of the main account will result in the automatic termination of all associated sub-accounts and the deletion of all data held therein. Tublat Ltd reserves the right to maintain sub-accounts active for a transitional period in the event of termination of the main account due to non-payment, to allow sub-account holders to migrate to direct subscriptions.
8. Third-Party
Integrations and Applications
8.1 Third-Party
Applications
The Orbit Service may support integration with third-party applications
(including Microsoft Office 365, Google Workspace, and other platforms). The
Customer must maintain authorisation and access to any such third-party
platform sufficient to allow Tublat Ltd to perform the backup service. The
Customer acknowledges that availability of backed-up data may be affected if
access authority to a third-party platform is changed or restricted.
8.2 Limitation of
Liability for Third-Party Services
Tublat Ltd disclaims all liability for malfunctions, interruptions, or data losses caused by third-party applications or platforms, including changes to third-party APIs that affect Tublat Ltd’s ability to provide the Service. No refund or compensation shall be due in such circumstances.
9. Liability and
Limitations
9.1 Tublat Ltd’s Duty of
Care
Tublat Ltd manages the Orbit Service in accordance with best industry
practices and applicable law. It does not, however, guarantee uninterrupted,
error-free, or complete operation of the Service.
9.2 Exclusion of Liability
To the fullest extent permitted by applicable law, and in accordance
with Clause 18 of the General Terms, Tublat Ltd shall not be liable for:
• loss or corruption of data, files,
or digital content;
• loss of profits, revenues, or
anticipated savings;
• business interruption or loss of
goodwill;
• indirect, consequential, special, or
punitive damages of any nature;
• delays, errors, or failures
attributable to third-party infrastructure, network providers, or force majeure
events.
9.3 Liability Cap
Tublat Ltd’s total aggregate liability arising under or in connection
with this Integration shall not exceed the cap set out in Clause 18.3 of the
General Terms.
9.4 Customer’s
Responsibility
The Customer is solely responsible for the proper and lawful use of the Orbit Service, for maintaining adequate local backups, and for implementing appropriate technical and organisational security measures, including firewalls, antivirus systems, and access controls.
10. Confidentiality and
Data Protection
10.1 Confidentiality
Both Parties undertake to keep strictly confidential all confidential
information disclosed in the context of the Orbit Service, in accordance with
Clause 17 of the General Terms. The confidentiality obligation shall survive
termination of the Contract for a period of 5 (five) years, or indefinitely in
respect of commercially sensitive or proprietary information.
10.2 Data Protection
The processing of personal data in connection with the Orbit Service is
governed by the Privacy Policy, Cookie Policy, and Data Processing Agreement of
Tublat Ltd, which form an integral part of the Contract.
10.3 Data Processing Roles
Tublat Ltd acts, depending on circumstances, as Data Processor for
technical and operational data relating to the provision of the Service, and as
independent Data Controller for administrative and contractual data. The
Customer remains Data Controller of all personal data contained in files stored
via the Orbit Service and assumes full responsibility for regulatory
compliance.
10.4 Security Measures
Tublat Ltd adopts appropriate technical and organisational security
measures to protect data transmitted and stored via the Orbit Service,
including AES 256-bit encryption. However, Tublat Ltd does not guarantee the
total absence of cybersecurity risks. The Customer must promptly report any
actual or suspected security breach or unauthorised access to Tublat Ltd.
11. Monitoring, AI Tools,
and Automated Features
11.1 No Monitored Service
The Orbit Service is not a monitored service. The Customer is solely
responsible for periodically auditing backup logs and verifying that backups
are executing successfully. Tublat Ltd recommends that the Customer review
backup status at least weekly.
11.2 Automated and
AI-Assisted Features
Where the Orbit Service incorporates automated or AI-assisted features,
including any chatbot or virtual assistant functionality, such features are
intended to provide general information and assistance only. They may generate
inaccurate or incomplete responses. The Customer must not rely solely on such
features for critical operational or business decisions. All interactions with
automated features may be logged for quality assurance and service improvement
purposes.
12. Final Provisions
12.1 Integration
This Integration supplements the Tublat Ltd General Terms and Conditions
and prevails in case of conflict with incompatible provisions, in accordance
with Clause 1.5 of the General Terms.
12.2 Governing Law and
Jurisdiction
This Integration is governed by English law. Any disputes arising out of
or in connection with this Integration shall be subject to the exclusive
jurisdiction of the courts of London (UK), in accordance with Clause 20.6 of
the General Terms.
12.3 Severability
Each provision of this Integration operates independently. If any
provision is found to be unlawful or unenforceable by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
