BUSINESS ASSOCIATE AGREEMENTBusiness Associate Agreement • November 29th, 2021
Contract Type FiledNovember 29th, 2021This Business Associate Agreement ("Agreement") is entered into between Arcserve (USA) LLC (“Arcserve”) and the Customer who has accepted this Agreement as part of its acceptance of the Terms of Service For Cloud-Based Services between the parties (“Cloud Services Agreement”), and only applies to Backup Data that constitutes Protected Health Information (including Electronic Protected Health Information) that Arcserve receives, maintains, and transmits for or on behalf of Customer, who is either acting as a “Covered Entity” or “Business Associate”, as those terms are defined within HIPPA and the HIPPA Rules (both as defined below), so that Arcserve may render services ("Services") to Customer under the terms of the Cloud Services Agreement. Arcserve and Customer are from time to time individually referred to as a “Party” and jointly as the “Parties.”