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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals DATA BACKUP AND STORAGE AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Company and CustCompany Customer The purpose this Agreement hereafter referred the Agreement set forth contract arrangement under which Company will provide offsite Data Backup and Storage services Data Backup and Storage Services behalf Customer Agreements consideration the mutual covenants set forth this Agreement Company and Customer hereby agree follows Terms Subject the terms and conditions this Agreement Company will provide Data Backup and Storage Services for Customer subject the following terms Length Service Customer agrees initial six month twelve month contractual term service Term The length contract required based the type service desired Customer and shall determined solely Company Service Start Date The first payment plus setup charges any shall due advance any service provided Service shall begin upon Company receipt payment for such first Term service upon mutually agreed upon alternate date Renewal Customer This Agreement will automatically renew for successive six twelve month Terms unless canceled writing Customer least days prior the end Term renewal date Renewal prices are subject change Renewal services Customer indicates agreement any contract revisions and price changes Renewal fees for the following term will automatically invoiced Customer account Type Service Company will provide Customer with custom offsite data backup and storage solution according the attached Specifications Exhibit and may comprise one more the following types backups consulting Backup and Restoration Data Consulting Company consultants will make recommendations Customer the type backups and storage that fit the Customer goals and objectives Consultants will take into consideration the amount storage space well the speed the restoration and retrieval archived data Consultants may recommend combination different backup and incremental backup types meet Customer goals and objectives Standard Copy Backup standard copy backup that copies all selected files but will not mark each file archived otherwise flagged having been backed Standard Daily Backup standard daily backup that copies all selected files that have been modified the day that the backup performed however the files are not marked archived otherwise flagged having been backed Standard Incremental Backup standard incremental backup that copies all the data that has been modified since the last standard incremental backup Archival Backup archival backup that copies all the data whether not has been modified since the last backup Physical Storage Backup Media physical location that serves storage for Customer data data backups and related storage media Transportation Backup Media Services involved the transporting backup media between Customer and Company facilities location Limitations Service The nature Customer data and backups that they are stored impermanent physical media which are subject degradation and technological change Company will make every effort continually transfer upgrade storage devices and media order fulfill its obligations under this agreement Company reserves the right transfer and upgrade all media and backups sees fit unless otherwise agreed upon the Specifications Limitations Due Time All data backup and storage performed pre determined schedules hourly daily weekly determined the level service desired and set forth the Specifications Company not responsible for loss data absence backup between the time backup starts and the next scheduled backup The type backup performed will also dictate the availability restorable media restore points snapshots any other data backup storage requirement that may needed the Customer any given time End User Pricing and Compensation End user pricing and compensation outlined Exhibit attached and subject change the sole discretion Company Excessive Use Services Company may impose additional charge restriction services any time that Customer use the services imposes considerable effect Company resources system performance Company shall have sole discretion what constitutes excessive use and what activity considered violation either the Company Acceptable Use Policy level service that the Customer currently using Company responsible for monitoring such excessive use for the account whole and has responsibility identify Customer individual end user employee other agent who may may not responsible for the excessive use services Terms Payment Terms payment are unless credit approval has been granted Company credit approval has been granted credit terms are net days upon receipt invoice reserve the right revoke any credit extended payment arrears for more than days Proprietary Information Proprietary information exchanged here under shall treated such Customer This information shall include but not limited the provisions this Agreement product and services information and pricing Customer further agrees not decompose disassemble decode reverse engineer any Company program code technology delivered Customer any portion thereof Censorship Company will exercise control whatsoever over the content the information passing through the network email web site Warranties Company makes warranties representations any kind whether expressed implied for the service providing Company also disclaims any warranty merchantability fitness for any particular purpose and will not responsible for any damages that may suffered Customer including loss data resulting from delays non deliveries service interruptions any cause errors omissions Customer Use any information obtained way Company Customer own risk and Company specifically denies any responsibility for the accuracy quality information obtained through its services Connection speed represents the speed end end connection Company does not represent guarantees speed availability end end connections Company expressly limits its damages Customer for any non accessibility time other down time the pro rata monthly charge during the system unavailability Company specifically denies any responsibilities for any damages arising consequence such unavailability Antivirus Trojan and Malicious Code Disclaimer Company storage devices make use enterprise class antivirus software order protect the server and detect viruses and other malicious code Infected files will handled per Company policy and preferences and Company will notify Customer that infection has been detected the data being backed and stored Company Company will not under any circumstance attempt delete repair otherwise remove the infection any file Customer assumes all responsibility for data backed Company storage devices and media that contain virus malicious code Customer responsible for implementing Customer own internal policies and procedures for opening potentially dangerous attachments and encouraged install antivirus software all access points computers using Company Data Backup and Storage Services Warranties Restoration Files and Data Customer assumes all responsibility for the integrity and the suitability the data that restored Specific requirements for testing the suitability any data that restored schedules for such testing and scenarios under which the retrieval and restoration data and backup files will occur shall outlined the Specifications Trademarks and Copyrighted Material Customer warrants that has the right use any applicable trademarks copyrighted material used connection with this service Transfer Agreement Customer may not assign transfer this Agreement whole part without the prior written consent Company the event that Customer contemplates whole partial sale its business ownership change change jurisdiction Customer shall notify Company mail facsimile email less than days prior the effective date the event Termination Company may terminate this Agreement its sole discretion upon the occurrence one more the following events failure comply with any provisions this Agreement the Acceptable Use Policy upon receipt written notice from Company said failure appointment receiver upon the filing any application Customer seeking relief from creditors upon mutual agreement writing Company and Customer Account Deactivation Termination Cancellation Upon account deactivation termination deletion all files and data stored Company servers will immediately deleted immediately Company has obligation responsibility store Customer data after Customer account has been deactivated terminated Disputes legal proceedings are commenced resolve dispute arising out relating this Agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals Indemnification Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from connection with Customer marketing support services the product services the unauthorized representation the product and services any breach this Agreement Customer General any provision this Agreement held unenforceable the enforceability the remaining provisions shall way affected impaired thereby This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court failure any party exercise delay exercising right power conferred upon this Agreement shall not operate waiver any such right power The parties represent and warrant that the date first written above they are authorized enter into this Agreement its entirety and duly bind their respective principals their signatures below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Company Initials
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