DATTO BCDR WARRANTY

 

Standard Limited Hardware Warranty. New Datto business continuity and disaster recovery physical device hardware is warranted against defects in materials and workmanship under normal use, handling and installation for a warranty period, which starts on the date the associated device is shipped to you and which continues for the period of time applicable to the associated product (see chart below). With respect to any device covered by this Standard Limited Hardware Warranty (Standard Warranty) that is found by Datto to be defective during the warranty period, Datto's obligations under this Standard Warranty are limited to, at Datto's option, either: (i) repairing the device using new or refurbished parts that are equivalent to new in performance and reliability; (ii) replacing the device with one that is new or formed from new and/or refurbished parts that are equivalent to new in performance and reliability; or (iii) issuing a credit for the device. In order to be eligible for warranty service, a device must be enrolled in an active Service Subscription for which payment is current. This Standard Warranty does not extend to or include software included with the associated device. The warranty period on the device is determined at the time of purchase and is not affected by subsequent software updates or hardware upgrades. All warranty claims must be received by Datto within the applicable warranty period.

 

The Standard Limited Warranty does not cover device defects or failures resulting from 1) accident, neglect or abuse; 2) improper installation or maintenance; or 3) modifications, repairs, improvements, installation of third party software, or other changes to the hardware or software components of the device that have not been authorized in writing by Datto. You are responsible for any costs related to the foregoing exclusions.

 

A device that has been repaired or is a replacement of a device will continue to be under warranty for a period equal to the greater of (i) the balance of the existing warranty period for the original device; or (ii) sixty (60) days.

 

 

Device Hardware Type                                                                                                              Standard Warranty Period                                                                                                                               

Siris 3 Business, Siris 3 Professional, Siris 3 X Professional, Siris 3 Enterprise, Siris 4            5 Years

 

NAS 3 Business Performance, NAS 3 Professional Performance, NAS 3 X Professional

Performance, NAS 3 Enterprise Performance, NAS 4                                                                5 years

 

All other Datto devices                                                                                                                3 years

 

 

 

THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY DATTO AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

RETURNS

 

All Datto Products may be returned at any time within sixty (60) days of purchase. If your purchase involves a Product that includes a physical device, the purchase date for the purposes of this Section shall be the shipment date of the Product.  Please contact your Datto Sales Representative to request an RMA email that will include return instructions and, as applicable, a return shipping label.

 

For device returns, please follow the applicable Product Return Guidelines. To be eligible for a full refund, the device must be returned in its original packaging in an undamaged, working condition and must include all accessories originally shipped with the device. If hardware is returned missing parts, in damaged condition or if damage occurs while in shipment due to poor packaging, your refund may be reduced to cover the damaged hardware. For all other Product returns, please follow any return instructions included with your RMA materials.

PRODUCT RETURN GUIDELINES

 

Step 1 - Notification:

Warranty Return: Once our Technical Support team has authorized the warranty return, a replacement device or part will be sent to you. You will be provided with the return shipping instructions and label with the replacement device or part. If you cannot locate this return label then we will have a new shipping label sent to you. To do so, if you are located in the United States, Canada, Singapore, or Australia, please contact us at returns@datto.com; if you are located in the EMEA region, please open a support ticket so that support may provide you with a new shipping label.

 

Credit Return, Upgrade or Trial Return: We will provide you with return shipping instructions and label once a return request is processed through your Sales Representative. If you cannot locate this return label then we will have a new shipping label sent to you. To do so, if you are located in the United States, Canada, Singapore, or Australia, please contact us at returns@datto.com; if you are located in the EMEA region, please open a support ticket so that support may provide you with a new shipping label.

 

Note: When we email you a shipping label, it will come from an automated sender with the shipper’s domain (e.g., ups.com or fedex.com). If you do not receive your label, please check your spam folder. If not found and you are located in the United States, Canada, Singapore, or Australia, please contact us at returns@datto.com. If you are located in the EMEA region, please open a support ticket so that we may assist you.

 

Note: To avoid inadvertent data loss, we will not automatically cancel a Service Subscription on a device that has been authorized for return. We will terminate the Service Subscription as of the last day of the month we receive a returned device. If you do not return a device to us that is being replaced (for warranty, upgrade, or any other reason), billing will continue on the device until you cancel the Service Subscription.

 

Step 2 - Pack and ship:

After receiving the shipping label, package your original device or part in the original or like packaging, ensure that it is protected, and return it to Datto within 45 days of receipt of the shipping label or you will be charged for the applicable device or part. If Datto determines after receipt of the original device or part subject to a warranty return that there is no defect found or the defect is due to one of the exclusions listed under our warranty, you will be charged for the part or the difference between the cost of the replacement device and the value of the original returned device. All devices must be returned in adequate packaging, and if damage occurs while in shipment due to poor packaging, fees may be charged to you to cover damaged hardware.

 

RETENTION

Retention determines how and/or for how long data associated with a Product is retained. Certain Products have local retention settings that control how data is retained on the local Product and that are set by the user. The retention settings for replicated or offsite data associated with Products enrolled in Siris Private Service and Datto Cloud Capacity Based Storage are also set by the user.

 

As used in this section, a Retention Schedule refers to how and/or for how long data associated with a Product enrolled in Datto Cloud Service is retained. Data associated with Products enrolled in any Datto Cloud Service Plan will be retained, as specified in the applicable Retention Schedule associated with the purchased Service Plan, for as long as the Product is under an active Service Subscription for which payments are current. If a Service Subscription terminates, Datto reserves the right to delete, after 60 days, the backed up data in the Datto Cloud associated with your Product. It is your responsibility, prior to or during this period, at your expense, to request a copy of the data if you would like to retain a copy of the backed up data in the Datto Cloud associated with your Product. See our Reverse Round Trip Procedures for further information. For Datto Cloud Continuity, access to data in the Datto Cloud terminates at the same time as the Service Subscription so you must export your data prior to termination.

 

DATTO CLOUD SERVICE PLAN - RETENTION SCHEDULES.

The Datto Cloud Service Plan options are: (1) 1-Year Cloud Retention; (2) Infinite Cloud Retention; (3) Capacity Based Storage; (4) Live Dataset Retention; and (5) Mirrored Cloud Retention.

 

1-Year Cloud Retention- The 1-Year Cloud Retention (also known as 1 Year Time Based Retention) plan is not limited to a pre-defined amount of Datto Cloud storage. Rather, incremental data backups are maintained for one year on a rolling basis, with the oldest incremental backups deleted first after one year. Automatic consolidation of incremental backup recovery points is applied on a rolling basis as shown below.

 

Infinite Cloud Retention- The Infinite Cloud Retention service plan uses a set retention schedule for the storage of cloud data. The plan is not limited to a pre-defined amount of Datto Cloud storage. Instead, incremental backups are retained for an indefinite period of time for as long as the Infinite Cloud Retention Service Plan Service Subscription for the Product is current. Automatic consolidation of incremental backup recovery points is applied on a rolling basis as shown below.

 

Capacity Based Storage- Capacity Based Storage (previously known as Total Cloud Retention) allows you to set your own retention schedule. The plan provides for a pre-defined amount of Datto Cloud storage in the monthly Service Subscription fee. Usage of Datto Cloud storage in excess of the pre-defined allotment for the Product is charged an additional amount as described in the applicable pricing sheet.

 

Live Dataset Retention- Live Dataset Retention is a legacy retention option according to which Products are allocated the lesser of 2 times the local storage capacity of the Product or the most recent 12 months of incremental backups. Data is automatically pruned, oldest first, once the amount of data has reached the allotted storage (lesser of 12 months or 2 times the local storage capacity). Live Dataset Retention is no longer available for purchase with new Products.

 

PRUNING OF INCREMENTAL BACKUPS FOR INFINITE CLOUD OR TIME-BASED RETENTION SCHEDULES.

With respect to Infinite Cloud Retention, 1-Year Cloud Retention, or any previously offered multi-year time-based Service Plan, we use the following schedule for consolidating incremental backups, stored in the Datto Cloud. For Products under a previously offered multi-year time-based Service Plan, monthly backups are deleted oldest first after the retention period selected (i.e., 2-10 years).

 

Pruning of Incremental Offsite Backups:                                                      Takes Place After:

Intra-dailies                                                                                                   7 Days

Dailies                                                                                                           2 Weeks

Weeklies                                                                                                       45 Days

Monthlies                                                                                                      Depends upon plan

 

SERVICE PLAN CONVERSION

If your Product is not subject to a Committed Service Term, you may switch from any Service Plan to any other currently offered Service Plan available for your Product model (Note: some limitations may apply in switching between certain Service Plans, please contact your OneIT Sales Representative for additional information).

If a Product is subject to a current Committed Service Term, the Product may be converted to another Service Plan only if monthly Service Subscription fees under a new Service Plan are higher than under the current Service Plan. Service Plan conversions may require a different Retention Schedule or involve deletion of data backups and you are responsible for understanding the consequences of any conversion to a different Service Plan.

 

Regardless of whether a Product is subject to a Committed Service Plan, some fees may apply in switching a Product's Service Plan to Infinite Cloud Retention.

 

CUSTOM BUILT DEVICES.

Select Datto devices can be custom-built by starting with a pre-configured device and adding more RAM and/or a more powerful CPU. In some cases, a RAM and/or CPU change may necessitate using a different motherboard as well. These standard approved configurations are provided by Datto. The price for a custom-built device is the price of the pre-configured model, plus the price of the additional hardware. Each device that is custom-built by Datto using standard approved configurations comes with the same Standard Warranty as the pre-configured device on which it is based. To learn more about custom-built options, please contact your Datto Sales Representative.

 

UPGRADES

Standard Upgrades.

Our Standard Upgrade Policy allows you to purchase a new device (the Upgrade device) and return an existing device (the Original device) to Datto for upgrade credit equal to the price you paid for the Original device. In no event will the upgrade credit exceed the lesser of the cost of the Upgrade device, or the amount paid for the Original device.

 

To be eligible for any upgrade, the Upgrade device must be in a higher product tier and purchased with a higher priced Service Subscription than the Service Subscription for the Original device. The Service Subscription price for the Original device will be the price at the time of the Original device order or the price at the time of the upgrade order, whichever is greater. The only hardware discounts available on an Upgrade device purchase are any standard discounts for Committed Service Terms. Please contact your Datto Sales

 

Representative for available upgrade paths for your device. If the Original device undergoing a Standard Upgrade is subject to a current Committed Service Term, the Upgrade device must be purchased together with a new Committed Service Term at least as long as the time remaining in the Committed Service Term on the Original device. For example, if the Original device has 6 months remaining on a 36 month Committed Service Term at the time of Standard Upgrade, and the shortest Committed Service Term offered is 12 months in length, then the Upgrade device must be purchased together with a Committed Service Term of at least 12 months. A device transferred from the Partner that originally purchased it is not eligible for an upgrade credit under the Standard Upgrade Policy; only the Partner that originally purchased that device can take advantage of a Standard Upgrade for that device.

 

To perform a Standard Upgrade, you must contact a Datto Sales Representative and purchase an eligible Upgrade device. Once you receive the Upgrade device, you must connect the Upgrade device and the Original device to the same local network, then migrate the data from the Original device to the Upgrade device (this may require the assistance of Datto Technical Support). After migration is complete and the Upgrade device is operational, you must return the Original device to Datto following the Product Return Guidelines to receive an upgrade credit. Once you register the Upgrade device, you will be billed at the new monthly Service Subscription rate for the Upgrade device. In order to ensure uninterrupted service, Service billing on the Original device continues until we either receive the Original device or you cancel the Service Subscription on the Original device. To receive the upgrade credit, the Original device must be returned in undamaged, working condition in adequate packaging. If damage occurs while in shipment to us due to poor packaging, your upgrade credit may be reduced to cover damaged hardware.

 

A Standard Upgrade can only be applied one time within three years from purchase of the Original device. An Upgrade device obtained with a Standard Upgrade comes with a new Standard Warranty applicable to the Upgrade device but may not be used in a further Standard Upgrade under this policy.

 

Field Upgrades.

For any of the upgrade paths for which a Field Upgrade is an option, in the event you would like to perform an upgrade to a different model, you must select a Field Upgrade rather than a Standard Upgrade.

 

Different from the Standard Upgrade, a Field Upgrade does not require physically swapping an Original device for an Upgrade device. Instead, you may purchase from Datto and install on-site a Field Upgrade Kit, consisting of hard disk drives and in some cases RAM. In most cases a Field Upgrade Kit will upgrade a device to match the specs of a larger model in the same product line. Field Upgrade Kits are available only for certain devices - please see your sales representative for further information.

 

You may purchase Field Upgrade Kits through a Datto Sales Representative, paying the difference between the list price (at the time of upgrade) for the Original device and the list price (at the time of upgrade) of the Upgrade device. The price of the Service Subscription applicable to the device after the Field Upgrade must be higher than before the Field Upgrade.

 

Once the Field Upgrade Kit has been received, you should initiate the installation by contacting Datto Technical Support. A Support Representative will guide you through the process of adding the RAM to the motherboard, and adding the new drives via the hot-swap bays. Multiple drive swaps and/or resilvering operations may be required. The Field Upgrade process can be suspended should you need to perform a recovery from the local device. For further details, please consult the Partner Portal, or contact your Sales Representative.

 

The new Service Subscription rate on the Upgraded device will begin in the month immediately following the completed Field Upgrade.

 

If the device that has undergone a Field Upgrade has a prepaid Service Subscription, you will be charged a prorated amount equal to the difference between the original monthly Service Subscription rate and the new monthly Service Subscription rate times the number of months remaining in the prepaid term, rounded down to the nearest month. Discounts originally applied to a prepayment do not extend to new Service Subscription charges resulting from a Field Upgrade.

A Field Upgrade does not affect a Committed Service Term on the device, which will remain in force at the new service Subscription rate.

 

A Field Upgrade can be applied at any point during the three-year period following purchase of the device, but at no time after. Performing a Field Upgrade does not extend the device's Standard Warranty and all components installed from a Field Upgrade Kit fall under the device's original Standard Warranty. At no point will the Field Upgrade Kit components be under warranty when the Standard Warranty for the Original device in which they have been installed has lapsed.

 

ROUNDTRIPS

Datto RoundTrip service is used to expedite the replication of large data sets from a local Datto device to the Datto Cloud (standard RoundTrip) or to retrieve large data sets from the Datto Cloud (reverse RoundTrip). RoundTrip service involves the use of a physical storage device, called a RoundTrip device/drive, supplied by Datto or by you, that makes a “round trip" (either from Datto to you and back with a Datto supplied RoundTrip drive; or from you to Datto and back when you supply the physical storage device). RoundTrip service allows synchronization of data to the Datto Cloud, or retrieval of data from the Datto Cloud, in far less time than it takes to transfer large data sets over internet connections.

 

The primary purpose of standard RoundTrip service is to facilitate the initial replication of full images from a newly deployed Datto device to the Datto Cloud. After such initial cloud seeding, standard RoundTrip service should be used only to resolve off-site synchronization issues and not to compensate regularly for inadequate bandwidth at a local device site.

 

Reverse RoundTrip service is a fee-based service. Datto requires proper written authorization for all reverse RoundTrip orders before we send any data from the Datto Cloud. You must represent that you have the authority to request and receive a copy of the data in the Datto Cloud and are acting on the instructions of and for the benefit of the owner of the data. You are responsible for any misrepresentation involving your authority to receive data from the Datto Cloud that has not in fact been authorized by the owner of the data.

 

All RoundTrip service is subject to the RoundTrip Procedures. Datto is not responsible for any delayed or incorrect RoundTrip service caused by your improper ordering of RoundTrip service, incorrect shipments or shipment information, or any other failure by you to follow instructions or the RoundTrip Procedures. You are responsible for and agree to pay the full current replacement cost of a RoundTrip device/drive supplied by Datto if damage occurs to it (a) while in your custody or control; (b) due to your shipment using to inadequate shipping materials; or (c) if you fail to return it to Datto in the time specified in the RoundTrip Procedures. You are also fully responsible for all consequences of your delay in returning a RoundTrip device/drive that results in incomplete data synchronization between a Datto device and the Datto Cloud and the need for that data in the event of a disaster or other business continuity event.