Managed Disaster Recovery and/or Business Continuity
The following services (collectively, “Services”) may be provided to Client:
Entech’s backup (“BDR”) solution uses industry-recognized products and software to help ensure the security and integrity of Client’s data. However, Client understands and agrees that all data transmitted over the Internet may be subject to malware and computer contaminants such as viruses, worms and trojan horses, as well as attempts by unauthorized users, such as hackers, to access or damage Client’s data. Neither Entech nor its designated affiliates will be responsible for the outcome or results of such activities. Data recovery time will depend on a number of factors, some of which may be out of the control of Entech, including but not limited to, availability of cloud, equipment, or other server data storage, the amount of data being restored, resources available as a result of force majeure events, the speed and reliability of Client’s Internet connection.
BDR services require a reliable, always-connected Internet solution. Internet and telecommunications outages will prevent the BDR services from operating correctly. In addition, all computer hardware is prone to failure due to equipment malfunction, telecommunication-related issues, etc., for which Entech shall be held harmless. Client is strongly advised to use data verification functionality (if available) to ensure the integrity of Client’s stored data. Client is further advised to take all verification errors seriously and agrees to contact Entech immediately if verification errors are repetitive and/or cannot be remedied.
Due to technology limitations, all computer hardware, including communications equipment, network servers and related equipment, has an error transaction rate that can be minimized, but not eliminated. As such, Client understands and agrees that any data sent to or stored by Entech may become corrupted or lost due to communication or hardware-related failures. Entech cannot and does not warrant that such data corruption or loss will be avoided, and Client agrees that Entech shall be held harmless if such data corruption or loss occurs.
Unless otherwise expressly stated in an SOW, BDR services do not permit archiving or retrieval of prior document or file versions; only the latest version of a stored document or file is recoverable.
1) Security.
a) Data is encrypted before it leaves client servers with an encryption key. The data is then encrypted again for its transit over the Internet. Files are then stored, in encrypted form, on multiple servers in high security facilities.
b) Each file is encrypted using 128-bit AES encryption technology. 128AES Encrypted data cannot be read without the corresponding keys, so encrypted data cannot be misused, even if it's stolen.
2) Minimum Remote Storage Requirements.
Remote storage is provided in increments of 1GB. Remote storage is tracked on a monthly basis, based on the daily average of the data on the servers being backed up.
3) Ownership of the Data.
The backup data being stored on the BDR appliance and in the cloud remains the sole property of the Client. If the Client chooses to terminate services, Service Provider will provide reasonable assistance to Client for the orderly termination of services. This could involve copying the backup image to an external drive which can be synchronized with the data on the BDR. The Client agrees to pay Service Provider the actual costs of rendering such assistance.
4) Excluded Services.
Service rendered under an SOW does not include:
a) The BDR appliance hardware replacement cost and the cost associated with hardware replacement due to damage, theft or destruction.
b) Backing up of local data that may reside on desktop and laptop machines, unless explicitly defined in this SOW. This SOW encompasses Windows 2012, 2016 and 2019 Servers only.
5) Host Server Backup.
Due to the nature of both server configurations and software architecture, it’s a standard best practice to not backup server “host” machines/servers as part of a managed backup SOW. Backing up host server(s) creates replication of data storage and significantly increase data set and fees associated with this SOW, as such, it’s an accepted best practice in the industry to not back these devices up.
6) Notices.
a) The BDR appliance cannot be modified in any way or the warranty and the management SOW are voided. This includes adding software applications to the BDR itself, adding memory or hard drives.
b) While the cloud replication storage is unlimited, the BDR appliance is sized for current disk storage and server memory capacity. Service provider will notify client in writing if BDR appliance capacity / performance is not sufficient, which may require upgraded hardware appliance to continue to provide Business Continuity Services.
c) Client acknowledges and agrees that Service provider’s ability to provide the backup service is dependent on the necessary access to the backed up site and, should such access, for whatever reason outside Service Provider’s direct control (such as a change in the system or terms and conditions of the TPS which no longer allows the necessary access), be removed or limited Service Provider cannot guarantee that that the backup service will include the necessary connection to such backed up site or otherwise perform as intended. Consequently, the backup data may not be restorable if copying of the selected or changed files has been completed if the password on a backup site is changed or otherwise restrict Service Provider’s access to such site, or if the subscription expires or terminates.
7) Amendments.
Entech may amend or modify these Terms and Conditions in its sole discretion, at any time, upon written notice to Client (which notice may be provided in any invoice provided to Client), and such amendment or modification shall become effective fifteen (15) calendar days following such notice. These Terms and Conditions, and any subsequent amendment or modification, shall supersede any and all previous Terms and Conditions of the same nature between the parties; provided that in the event of amendment or modification of these Terms and Conditions, all then-effective SOWs and the Master Services Agreement shall remain in place subject to any amended or modified terms herein.
Downtime & Maintenance Expectations
Scheduled Downtime. For the purposes of this SOW, Scheduled Downtime will mean those hours, as determined by Entech but which will not occur between the hours of 7 AM and 6:00 PM EST (or EDT, as applicable), Monday through Friday without your authorization or unless exigent circumstances exist, during which time Entech will perform scheduled maintenance or adjustments to its network. Entech will use its best efforts to provide you with at least twenty-four (24) hours of notice prior to scheduling Scheduled Downtime.
Client-Side Downtime. Entech will not be responsible under any circumstances for any delays or deficiencies in the provision of, or access to, the Services to the extent that such delays or deficiencies are caused by your actions or omissions (“Client-Side Downtime”).
Last revised May 5, 2024