Legal document 3 of 4
Data Responsibility
LLCServco Drive stores your files on your server, on your hardware, on your network. We never hold your file data, and we cannot recover it for you. Read this document before you deploy.
The single most important sentence on this site: if your data is lost, we cannot get it back, because we never had it. Your backups are the only thing standing between your organisation and permanent loss.
1. Where your files live
LLCServco Drive is software you install and run yourself. Files uploaded to it are written to storage you own or control, inside your own network. They are not copied to us. They do not pass through a service we operate. We have no console, no key and no back door through which we could read, list, retrieve or restore them.
2. You are the controller and the custodian
Your organisation is the data controller for everything stored in your installation, and the sole custodian of it. You decide what is stored, for how long, by whom it may be accessed, and when it is deleted. We do not make any of those decisions and cannot carry them out on your behalf.
We supply software. We do not supply storage, custody, or a copy of your files.
3. No guarantee of your data
The publisher gives no guarantee whatsoever for the preservation, availability, integrity or recoverability of your data. There is no service level, no retention promise and no restoration service, because there is nothing on our side to restore from.
Each of the following is entirely your organisation's responsibility:
- Backup — taking backups, verifying that they restore, and keeping copies somewhere other than the machine being backed up.
- Disaster recovery — planning for fire, flood, theft, ransomware, accidental deletion and hardware failure, and testing that plan.
- Hardware maintenance — the health of your disks, servers, power and network, and replacing them before they fail.
- Physical security — who can walk up to the machine and what they can do when they get there.
- Staff access — which of your people hold accounts and credentials, what they can reach, and removing that access when they leave.
- Software upkeep — applying updates to the operating system and to LLCServco Drive itself.
4. Encrypted backup to LLCServco — coming soon, a convenience and never a guarantee
This feature is not available yet. Once it opens, some licences will let you switch on encrypted backup of selected data to LLCServco. The terms below describe exactly what it will be and will not be, so there is one place that states them before the feature exists and nothing has to be rewritten when it does.
- It will be a convenience feature, not a custody service and not a guarantee.
- It will be bounded by the daily quota of your licence, which is 10 GB per licence on the Essential and Address plans, and 20 GB on the Backup and Distributed plans. Data beyond the quota will not transfer that day.
- It will depend on your own connectivity. If your link is down, slow, metered or blocked, the transfer will not happen, and we will have no way to know what you intended to send.
- We will not warrant that any particular file is present in it, that a backup completed, that it is current, or that a restore will succeed or be complete.
- It will be encrypted. Where the encryption keys are held by you, we will not be able to read the content and will not be able to help you recover it if you lose the keys.
Treat this feature, once it opens, as a second copy that may or may not be there. It will not be a substitute for your own backups, and enabling it will not transfer any part of the responsibility in section 3 to us. This section does not describe the local encrypted backup your own server already writes to its own S: drive today — that is covered by section 3 and is live now.
5. Your own legal obligations over the data
You are responsible for complying with every law that applies to the data you store — including data protection and privacy law, confidentiality duties, professional and sectoral rules, records retention requirements, and any restriction on where data may be located or transferred.
That includes having a lawful basis for what you store, honouring the rights of the people the data is about, keeping the records your regulator requires, and reporting breaches to the authorities and to affected people where the law requires it. Because the data sits on your systems, only you can do these things. Our data-protection contact for questions about this document is info@llcservco.uk.
5b. Data lost on your own systems
LLCServco Drive runs on your server and your files stay on your storage. We do not hold them, we cannot reach them and we cannot restore them. If data on your systems is lost, altered or destroyed — by a virus, by ransomware, by a failed disk, by a power cut, by a mistake one of your own people makes, by an operating-system fault, by a misconfiguration, by theft, or by any other cause — that is not something we are responsible for, and no claim arises against us for it.
Two things reduce that risk and both are yours to do: keep your own backups on separate storage, and prefer an SSD for the data volume. The SSD is optional and is not a condition of the licence; it is recommended because it fails less often than a spinning disk and recovers faster when it does.
6. Limitation of liability
To the fullest extent permitted by law:
- our total liability arising out of or in connection with the licence, however arising, is capped at the fees you paid to us in the twelve months immediately before the event giving rise to the claim;
- we are not liable for indirect or consequential loss, nor for loss of profit, revenue, business, contracts, goodwill or anticipated savings; and
- we are not liable for loss of, corruption of, or inability to access data — which, as sections 1 to 4 explain, is in your custody and not ours.
Nothing here excludes or limits liability that the applicable law does not allow to be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.
7. Governing law
This document is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.