Standard Copy Backup: A standard copy backup that copies all selected files, but does not mark each file as archived or otherwise marked as backed up. Default Daily Backup: A standard daily backup that copies all selected files that were modified on the day the backup was performed, but the files are not marked as archived or otherwise marked as backed up. Default incremental backup: A default incremental backup that copies all data that has changed since the last default incremental backup. Archive backup: An archive backup that copies all data, whether or not it has changed since the last backup. Physical storage of backup media: A physical location that serves as storage for customer data, backups, and associated storage media. Transport of backup media: Services related to the transport of backup media between the customer`s facilities or locations and the company. Upon deactivation, termination or deletion of the account, all files and data stored on the Company`s servers will be deleted immediately. The Company is not obligated or responsible to store the Customer`s data after the deactivation or termination of the Customer`s account. The Company may, in its sole discretion, terminate this Agreement if one or more of the following occurs: (1) failure to comply with the provisions of this Agreement or the ”Acceptable Use Policy” upon receipt of written notice from the Company of such breach, (2) appointment of an insolvency administrator or upon the submission of a claim for redress by the Customer to creditors, 3) by mutual written agreement of the Company and the Customers.
Enterprise storage devices use enterprise antivirus software to protect the server and detect viruses and other malicious code. Infected files are processed in accordance with company policies and settings, and the company notifies the customer that an infection has been detected in the data backed up and stored by the company. Under no circumstances will the Company attempt to remove, repair or otherwise delete the infection in any file. The customer assumes full responsibility for the data backed up on the company`s storage devices and media containing viruses or malicious code. Customer is responsible for implementing Customer`s own internal policies and procedures for opening potentially harmful attachments and is encouraged to install antivirus software on all access points or computers using the Backup and Storage Services for corporate data. The Company makes no warranties or representations of any kind, express or implied, for the service it provides. The Company also disclaims any warranty of merchantability or fitness for a particular purpose and is not responsible for any damages that may be incurred by the Customer, including loss of data due to delays, non-deliveries or interruptions of service for any reason or errors or omissions of the Customer. The use of information obtained through the Company is at the Customer`s own risk, and the Company expressly disclaims any responsibility for the accuracy or quality of the information obtained through its services. Connection speed represents the speed of an end-to-end connection. The Company will provide the Customer with a customized external data backup and storage solution in accordance with the attached specifications (Appendix B) and may include one or more of the following types of backups or consultations: Any backup and storage of data must be performed according to specified schedules (i.e. hourly, daily, weekly) determined by the desired level of service specified in the specifications.
The Company is not responsible for the loss of data or the absence of a backup between the time of starting a backup and the next scheduled backup. The type of backup performed also determines the availability of recoverable media. Restore points, snapshots, or other backup or storage requirements that the customer needs at any time. The customer assumes full responsibility for the integrity and adequacy of the data to be recovered. The specific requirements for verifying the suitability of the data to be restored, the schedules for these tests, and the scenarios in which the data and backup files will be recovered and restored are described in the specifications. This Agreement will automatically renew for six (6) or twelve (12) consecutive months, unless terminated in writing by Customer at least 30 days prior to the expiration of the Renewal Date. Renewal prices are subject to change. By renewing the Services by the Customer, you agree to all changes in contract and price. The renewal fee for the following period will be automatically charged to the customer`s account. It is in the nature of customer data and backups that it is stored on volatile physical media that are subject to degradation and technological change. The Company will make every effort to permanently transfer or update storage devices and media in order to fulfill its obligations under this Agreement. The Company reserves the right to transfer and update all media and backups at its sole discretion, unless otherwise agreed in the specifications.
Data backup and recoveryConsultation: Sales consultants provide the customer with recommendations on the types of backups and storage that meet the customer`s objectives. Consultants take into account the amount of storage space as well as the speed of restoration and recovery of archived data. Consultants can recommend a combination of different types of backup and incremental backup to achieve the client`s goals. The failure of a Party to exercise or delay any right or power conferred upon it by this Agreement shall not be deemed a waiver of such right or authority. Subject to the terms of this Agreement, the Company will provide data backup and storage services to the Customer under the following conditions: The Company will not exercise any control over the content of the information transmitted via the network, email or website. The terms of payment are cash on delivery, unless the approval of the loan has been granted by the company. If a loan commitment has been granted, the terms of the loan are net 10 days after receipt of the invoice. We reserve the right to revoke a credit granted if payment is more than 30 days late. The parties represent and warrant that, on the earliest written date above, they are entitled to enter into this Agreement in its entirety and to duly bind their respective principals by their signatures below: THIS AGREEMENT is entered into on the day of the current month, year by and between the name of the company (”Company”) and the name of the company (”Customer”). The purpose of this Agreement (hereinafter referred to as the ”Agreement”) is to establish a contractual agreement under which the Company will provide external data backup and storage services (”Backup and Data Storage Services”) on behalf of the Customer. The Client shall indemnify and hold the Company harmless from and against all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorneys` fees) of any kind and nature that may be invoked, granted or imposed directly or indirectly against the Company arising out of or in connection with the Client`s marketing or support services for the Product or Services or representation not authorized of the Product and Services or any breach of this Agreement by Customer.
If legal proceedings are commenced to resolve a dispute arising out of or in connection with this Agreement, the prevailing party shall be entitled to reimburse all costs, attorneys` fees and expert fees, as well as any costs or attorneys` fees associated with the appeals. The Company does not guarantee the speed or availability of end-to-end connections. The Company expressly limits its compensation to the Customer for unreachable times or other downtime to the monthly fees calculated on a pro rata basis during the unavailability of the system. The Company expressly disclaims any liability for any damage caused as a result of such unavailability. The protected information exchanged here will be treated as such by the customer. This information includes, but is not limited to, the terms of this Agreement, product and service information, and pricing. The Customer further undertakes not to disassemble, disassemble, decode or reverse engineer any program, code or technology of the Company or parts thereof delivered to the Customer. The first payment, plus the installation fee, is due before each service provided. The service begins upon receipt of payment by the company for this first period of use or on another mutually agreed date.
The Customer may not assign or transfer this Agreement, in whole or in part, without the prior written consent of the Company. In the event that the Customer considers a total or partial sale of his business, a change of ownership or a change of jurisdiction, the Customer must inform the Company by mail, fax or email at least 60 days before the effective date of the event. End User pricing and compensation are set forth in Appendix A and are subject to change at the Company`s sole discretion. Customer warrants that it has the right to use all applicable trademarks or any copyrighted material used in connection with this Service. Customer agrees to a contractual service period of six (6) months or twelve (12) months (”Term”). The required duration of the contract depends on the type of service requested by the customer and is determined exclusively by the company. If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall not be affected or affected in any way. This Agreement shall be governed by and construed in accordance with the laws of the State. The place of jurisdiction and exclusive place is county county, State Superior Court.
The Company may charge additional fees or restriction of the Services at any time if the Customer`s use of the Services has a significant impact on the Company`s resources or system performance. .