Data Backup and Recovery Standard Terms of Service
In addition to the standard terms and conditions contained in the Service Agreement between Cloud 9 Hosting and Customer (the “Agreement”), of which this Schedule is a part of, the Customer agrees that the following terms and conditions apply with respect to the Data Backup and Recovery Service provided to Customer by Cloud 9 Hosting. In the event of any inconsistency between this Schedule and the Agreement, this Schedule shall control.In this Schedule, all capitalized terms that are not defined herein shall have the meaning given to such terms in the Agreement, the Cloud 9 Hosting Standard Terms and Conditions, the AUP and any other document referenced in the Agreement, in effect as of the date of the Agreement and posted on Cloud 9 Hosting’s Website.
Cloud 9 Hosting works to ensure the successful and timely back up and restoration of all Customer data that it provides Backup and Recovery services for.
Successful Backup or Notification –
Cloud 9 Hosting will notify customers of any critical failed Backup operation as agreed upon at the time of install. Customer is solely responsible for insuring Cloud 9 Hosting has the proper, up to date, contact information.
Time to Initiation of Restoration –
Customer has full control to initiate a full or partial restore. Cloud 9 Hosting will initiate Customer data restoration efforts within 30 minutes of the Customer’s request.
The Customer is responsible for integrity of Data targeted for back up by Cloud 9 Hosting. Cloud 9 Hosting backs up data “as is, where is” and will restore data in the same format in which it is back up. (Example: corrupted data will get backed up and restored in the same state. Incremental daily back ups are done to allow customers to restore data to a “good” state, but assume that customer’s data was in a “good” state when backed up.)
Cloud 9 Hosting agrees that it will make commercially reasonable efforts to meet the minimum service levels and targets set out in this Data Backup and Recovery Service Schedule throughout the Term of the Agreement.
2.) Data Back and Recovery Service Fees
- Monthly Recurring Data Storage Fees.
The Data Backup and Recovery Service is billed on a monthly basis at a per Gigabyte rate specified on the Service Agreement. Fees are calculated after Customer’s data has been compressed at the end each month during the Term.
- Non Recurring Fees.
The following Non-recurring Fees may also be assessed to the customer, with configuration and specific pricing as defined on the Service Agreement.
- Software Agents:The Data Backup and Recovery Service is billed on a monthly
basis at a per Gigabyte rate specified on the Service Agreement. Fees are calculated after Customer’s
data has been compressed at the end each month during the Term.
- Open File Plug in:Software allowing backup and recovery of files in an Open State for a particular application. Open file plug in licenses can only be reused for the application for which they were purchased.
- Mobile Data Vault:Shipment of a backup device for initial bulk datavault seed or for bulk restoration of the customer’s vault
- Data Backup On-line Installation:Fee to initiate the Data Backup & Recovery service
- Custom Installations. Other professional services charges which may be assessed.
- Software Agents:The Data Backup and Recovery Service is billed on a monthly
3.) Minimum Service Levels
The minimum service levels for the Data Backup and Recovery Service are as follows:
(a) Data Recovery. Cloud 9 Hosting will provide 100% recovery guarantee of Successfully Backed Up Data.
(b) Data Restoration Initiation for Online data: Customers will be able to restore online data through the Cloud 9 Hosting client software running on their server. An onlin
4.) Service Level Definitions
(a) Successfully Backed Up Data. Cloud 9 Hosting can only provide a 100% data recovery guarantee on data that has been backed up between the Customer’s server and the Data Center without error corruption. Upon each backup operation our backup software will set a flag that clearly indicates that a successful backup has occurred. Data backup success will also be reported on a daily basis. In the event of a backup failure the customer may schedule or contact Cloud 9 Hosting to arrange for a subsequent backup.
(b) Data Restoration Initiation. In most cases a Customer will be able to restore files without Cloud 9 Hosting assistance. Where necessary, the Measured Time to Begin Data Restoration starts upon notification of a Data Restoration by the Customer to the Cloud 9 Hosting Network Operation Centre by telephone in accordance with paragraph five of this SLA and the release of the affected Service by the Customer to Cloud 9 Hosting for executing a data restore. The Measured Time to Restore ends when the data restoration is
initiated. Cloud 9 Hosting will notify the Customer by telephone and the Customer will confirm that data restoration has been initiated. Data restoration will begin only when a customer environment is
properly functioning and ready to receive data.
(c) Measured Unavailable Time for Service. Data Backup and Recovery Service is deemed to be unavailable to the Customer when the Data Backup and Recovery Service is fully interrupted, such that the Data Backup and Recovery Service cannot be accessed or used by the Customer (an “Outage”), but excluding any such circumstances arising as the result of any event contemplated in Section 13 of the Cloud 9 Hosting Standard Terms and Conditions. The measured unavailable time starts upon notification of an Outage by the Customer to the Cloud 9 Hosting Network Operation Centre by telephone in accordance with paragraph five of this Schedule and the release of the affected Service by the Customer to Cloud 9 Hosting for testing and repair. The measured unavailable time ends when the affected Service is restored. Cloud 9 Hosting will notify the Customer by telephone and the Customer will confirm that the affected Service has been restored. Additional time taken by the Customer to perform confirmation testing is not included in the measured unavailable time if the Service is in fact restored. The Customer acknowledges that although Cloud 9 Hosting does monitor use of the Data Backup and Recovery that the Customer is responsible to notify Cloud 9 Hosting of any Outages or other Service issues.
(d) Data Retention Time (DRT). Cloud 9 Hosting follows a prescribed schedule for backups. Data will be retained over a 28 day cycle with full backups occurring weekly and differential backups running on a daily basis. Customer data will therefore age and new data will overwrite data that is more than 28 days old.
(e) Recovery Point Objective (RPO). Data backup occurs at a fixed point in time according to a schedule agreed upon between Cloud 9 Hosting and Customer. Any data that exists between backups is vulnerable. The length of time between backups is the Recovery Point Objective. This is the point back in time to which a Customer’s data must be recovered. This would typically be a maximum of 24 hours since backups take place daily. If a more frequent backup schedule is required it must be pre-arranged with the Cloud 9 Hosting account and the Agreement will be amended accordingly.
(f) Recovery Time Objective (RTO). This is the maximum elapsed time required to complete the recovery of customer’s data. RTO is a function of the size of the data delivery circuit and the total amount data to be recovered. In most cases where the total data recovered is less than 1 terabyte this could be 6, 12 or 24 hours if the Customer environment is properly functioning and ready to receive data. RTO objectives should be discussed with a Cloud 9 Hosting account executive. An RTO measurement will begin only when a customer environment is properly functioning and ready to receive data.
5.) Credits for Failure to Meet Service Levels
If Cloud 9 Hosting fails to meet the minimum service levels outlined below for the Data Backup and Recovery
Service the Customer shall be entitled to the following credits:
On-Net Services OnlyTime PeriodCredit
|Failure to Meet Data Recovery Minimum||In 1 month||50% credit of previous month MRC|
|Failure to Meet Measured Time to Begin Data Restoration Initiation||In 1 month||1 day credit for each occurrence|
|Measured Unavailable Time for Service||24 hours (1 backup)
Each additional 24 hours
|1 day credit
Each additional 24 hours
In order to receive the foregoing credit, the Customer must notify, in accordance with the Cloud 9 Hosting Service Level Agreement, Cloud 9 Hosting of its claim for a credit within thirty (30) days of the above mentioned service levels for which a credit is claimed.
6.) Service Call Procedure
The Customer shall contact the Cloud 9 Hosting Customer Care Center (“CCC”) to report all Service problems.
Before calling, the Customer must have the following information:
- Customer Number
- The server affected
- A description of the problems encountered
During the Service Call, Cloud 9 Hosting will open a ticket indicating the exact time the Service Call was
received, the name of the person placing the call, and the details of the Service Call, including the servers
affected. A reference number (ticket) will be supplied to the Customer during the call. If a reference
number cannot be supplied during the call, one will be supplied as soon as practica
7.) Service Level Exemptions
Degradation in the performance of the Services and unavailable time shall not be included for the purposes of determining whether the Services meet the minimum service requirements, or for calculating measured unavailable time if such degradation or unavailable time arises from: (i) Scheduled Maintenance or other service interruptions agreed to by the Customer for the purpose of allowing Cloud 9 Hosting to upgrade, change, implement an order, maintain, or repair the Services or related facilities; (ii) directly or indirectly as the
result of the acts or omissions of the Customer, any person for whom the Customer is legally responsible, or any person using the Services; (iii) failure of equipment or systems not within Cloud 9 Hosting’s Network Backbone, or of equipment or systems not provided, or under the control or direction of Cloud 9 Hosting including equipment or systems Cloud 9 Hosting may obtain or contract for at the request of the Customer; (iv) any failure by the Customer to afford access to any location for which the Customer is responsible, or to any facilities of Cloud 9 Hosting for the purpose of investigating and correcting a degradation in the Services or an Outage; and (v) any event contemplated in Section 13 of the Standard Terms.
8.) Scheduled and Unscheduled Maintenance
Scheduled Maintenance means any maintenance activities performed at the Cloud 9 Hosting point of presence (POP) to which Customer’s facilities are connected provided that Customer shall be given at least 15 business days’ advance notice of such maintenance activities. Such activities are typically performed during the standard maintenance window on Sundays 00:01 and 6:00 am local time. Notice of scheduled maintenance shall be given to Customer’s designated Change Management (“CM”) Single Point of Contact (“SPOC”) on the Customer Support Contact Form and any amendments thereto, by a method elected by Cloud 9 Hosting (telephone, e-mail, fax or pager). The Customer may change its CM SPOC upon reasonable advance written notice to Cloud 9 Hosting.
Unscheduled maintenance means any maintenance activities performed at the Cloud 9 Hosting point of presence (POP) to which Customer’s facilities are connected as a result of a Threat or an Emergency. A Threat is defined as a situation or condition that would not normally cause an outage to a customer but introduces a very low risk to services or may lead to a brief service interruption of less than 100 milliseconds. Examples include optical cable splicing, contractor working near Cloud 9 Hosting fiber cables and digging within three meters of a Cloud 9 Hosting fiber cable. In the case of a Threat Cloud 9 Hosting will strive to provide customers with three business days’ advance notice. In the event of an Emergency (defined as unplanned critical repairs, acts of vandalism and/or nature that has caused or could cause a degradation or interruption of service) Cloud 9 Hosting will make best efforts to provide customers with notice and an estimated time to repair.
9.) Application of Credits
Credits shall be applied in respect of the next billing period and shall be based on the monthly rates in effect at that time. Calculation of all credits shall be based on the call log and other records maintained by Cloud 9 Hosting. In no event shall any credit be awarded in excess of the monthly rates for the affected Data Backup and Recovery Service in effect at the time the credit is applied. If credits remain payable following the termination of the Agreement, the Customer shall be entitled to receive a rebate equal to the amount of such credits.
10.) Cancellation of Services
Notwithstanding anything to the contrary in the Agreement, the Customer may elect by providing notice in writing to Cloud 9 Hosting to terminate the provision of the Services without liability for early termination (other than on account of charges incurred prior to cancellation) at any time, if: (i) 2 or more unsuccessful full backups resulting from an outage of the Data Backup and Recovery service occurs in any single calendar month and are left un-remedied; or (ii) an Outage occurs as the result of any event contemplated in Section 13 of the Cloud 9 Hosting Standard Terms and Conditions and Cloud 9 Hosting does not correct such Outage or failure within 30 days of such occurrence.