Backup Services. Customer acknowledges that certain conditions outside of LightEdge’s control may adversely impact the ability of LightEdge to perform successful backups or restores of customer data. Examples of such conditions are listed below. - Customer task, software, scheduled job or other human intervention intentional or otherwise renders portions, complete files, or complete file systems unavailable to Service - Failure of Customer software, operating system, Agent or Service - Network connectivity issues between Customer Server and LightEdge Service including but not limited to packet loss, lack of sufficient network capacity to support required backup bandwidth - Backup job in seeding status Customer acknowledges that in the event of a support issue, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current Acceptable Use Policy can be found here: xxxx://xxx.xxxxxxxxx.xxx/legal
Backup Services. 3.1 At the Customer’s request, the Provider can provide Backup Software which will be installed on the Customer Systems to backup the Customer Data. This is an ‘opt-in’ service and is not mandatory. This Clause 3 shall not apply if the Customer declines the Backup Services. The Customer may ‘opt-in’ at any time during the Term of this Agreement by making a request in writing to the Provider, after which this Clause 3 will apply.
3.2 The Backup Software is governed by the same XXXX (End User License Agreement) as the software which has been purchased and/or licensed to the Customer.
3.3 The Customer hereby grants to the Provider a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of the Provider's obligations under this Clause 3 and the exercise of the Provider's rights under this Agreement. The Customer also grants to the Provider the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Provider's obligations under this Clause 3 and the exercise of the Provider's rights under this Agreement, subject always to any express restrictions elsewhere in this Agreement.
3.4 The Customer warrants to the Provider that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
3.5 Within the period of 1 Business Day following receipt of a written request from the Customer, the Provider shall use all reasonable endeavors to provide to the Customer the latest available backup copy of the Customer Data which is stored on the Backup Platform.
3.6 The parties acknowledge and agree that Schedule 1 (Backup Service Particulars) shall govern the frequency and scope of the Backup Services.
3.7 For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code and source code) of the Backup Software, either during or after the Term.
Backup Services. If Client elects to utilize the Outcomes Remote Backup Service or other similar data backup service offered by Outcomes (the “Backup Service”), the following additional terms shall apply with respect to the Backup Service:
a. The Backup Service, including transmission, storage, viewing and retrieval of data and files is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable, and Client acknowledges that the quality and accuracy of Client's data backup services is dependent on the accuracy, quality, and reliability of Client's data. Accordingly, Client's use of the Backup Service is at Client’s sole risk. The Backup Service is provided to Client on an "as is" basis. Outcomes disclaims all warranties and conditions, express or implied, arising by law or otherwise, with respect to the Backup Service (including, without limitation, any implied warranties of merchantability, fitness for a particular purposes and non-infringement). Outcomes makes no representation or warranty that: (a) the Backup Service will meet Client's needs; (b) the Backup Service will be timely, error-free, uninterrupted, or virus-free; (c) Client's data and files will not be lost or damaged; or (d) the data on Client's desktop or server will not be lost or damaged. Client acknowledges that any material or data retrieved through the use of the Backup Service is done at Client's choice and risk and that Client will be solely responsible for any damage to its computer system or loss of data that results from the retrieval of such material or data.
b. In no event shall Outcomes have any obligation or liability to Client for the cost or procurement of substitute services or data or for any direct, indirect, incidental, special, exemplary or consequential damages (including, without limitation, any loss of data, revenue or profits or business interruption) or other pecuniary loss arising out of Client's use of the Backup Service or Client's loss of data or files stored therein.
Backup Services. 3.1. The Broadband backup service requires a PSTN line provided by us and clear of any other Broadband services for service delivery. This line must also be located within 2 metres of the Ethernet termination point and router location.
3.2. Unless otherwise specified in writing, the backup option does not carry the same guaranteed service levels as the primary Service.
3.3. For a Fibre Ethernet with Fibre Ethernet backup Service, the actual resilient path of both fibre connections will only be confirmed following a site survey. If, following site survey, it is found that the two connections would have a shared route (or partial shared route) you have the option of cancelling the Order.
3.4. For a Fibre Ethernet with an EFM backup Service, both services will terminate in the same exchange as it is not possible to route to different exchanges.
3.5. In the event of a fault on the primary service, the backup service will automatically become effective. Use of the secondary backup service is not permitted other than in the event of a primary Service failure. In the event of a failure of both the primary and secondary Services, we will initially resolve the fault on the primary Service in accordance with our SLA.
3.6. If you fail to connect both the primary and secondary services to the router, the SLA will not come in to effect until such failure has been remedied.
Backup Services. Full and incremental backups will be performed in accordance with standards of good practice. This will include (but not be limited to) off-site storage of backup tapes on a regular basis. eUniversities will not be responsible for: failure of backups due to changes that are made by the Supplier without the consent of eUniversities; or failure to comply with any backup schedules, testing, and tape retention periods which are specific to the Supplier (provided that eUniversities has used its reasonable endeavours to comply).
Backup Services. 3rd Party APIs, if any, required by ‘Client’ to be integrated with the work ordered;
Backup Services. 7.1. We may (but are not obliged to) back up the shared web server that contains your web site at our discretion.
7.2. Where we backup, the backup regime will not be tailored to your needs, and you are solely responsible for deciding if it is adequate for its purposes.
7.3. If you request us to restore any data, we will do so if we can from the backups then available.
7.4. If we cannot, we are not liable to anyone in any way.
Backup Services. If the Services purchased by Client include back-up Services then Provider shall provide the backup Services for Client in accordance with the applicable terms and conditions set forth in Annex 2 to the standard set forth in the backup Services table (the "Backup Services Table") described in Section 4.2 below.
Backup Services. Nuggets’ systems are situated at secure and limited access hosting sites and are backed up daily.
Backup Services. The District does not provide backup services for any Equipment. The recipient should store important documents where the backup is provided, such as USB or District-provided Google Drive. District technicians will not attempt to recover lost data on loaned Equipment, and the District is not responsible for lost data.
