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Data Recovery Services Terms and Conditions (B2B)


These Data Recovery Services Terms and Conditions are for use by a commercial provider of data recovery services who deals with a business customer where that customer is purchasing the service wholly or mainly for the purpose of its business. It should not be used where the customer requires the services wholly or mainly for its domestic (rather than business) purposes.

Either the Data Recovery Services Terms and Conditions (B2C) – On Premises or Data Recovery Services Terms and Conditions (B2C) – Off Premises or Distance Selling (as appropriate) in this subfolder should instead be used where the customer is a consumer.

The definition of “Data Protection Legislation” in this document has been updated with reference to the UK GDPR.

A customer will not have an ongoing need for a data recovery service: it will only need the service when a particular problem arises, and at that point it will request a one-off service. These terms and conditions are therefore in the form of a set of terms which allow for a separate one-off purchase order (or other contract document) to be used. The order document can then refer to these terms and conditions as the terms of the contract between the parties.

Under this template, the customer delivers to the provider (or the provider collects) the customer’s media containing the corrupted or damaged data. The provider then attempts to recover the data. Where the media is damaged, the provider will place recovered data on alternative media and return it to the customer.

The provider does not guarantee that it will be able to recover all or any data but the customer only pays for the services if either the provider is successful in recovering all or a substantial amount of the data on the media, or the data recovered is insubstantial but the customer elects to receive that limited amount of data.

This template assumes that payment for the services will be a fixed fee, and that the amount will be agreed when the customer places its order for the service. In each case the fee amount is to be inserted in the order or other document forming part of the contract between the provider and the customer.

Details of the data recovery service, and a description of the customer’s media, are also to be inserted in the order or other contract document.

There are a number of other additions and deletions which the provider will need to make when completing the template, depending on the circumstances and the requirements of the provider and the customer.

The meaning of “media” in the document is very wide and covers all forms of storage media (e.g internal/external disk drive, flash memory card, optical disc, any other storage device). The customer will give the provider the media or, if necessary the computer containing the media (e.g where the media is an internal hard disk drive).

Use of data recovery services and/or use of data back up services can form part of a business customer’s disaster recovery measures. Where its primary data becomes corrupted, damaged or inaccessible, and it is not routinely backed up on other media/equipment or it is out of date or incomplete, a business customer will only be able to access/use its primary data if it is successfully recovered by a specialist data recovery provider.

However, a business customer will not need any data recovery if it has backed up all of its data and that data is up to date and not damaged or corrupted: it would simply use the backed up copy of its data. We have also provided in this subfolder a form of Online Data Backup Services Agreementunder which data back up services can be provided to business customers. A business customer might also wish to have alternative IT facilities available for use in the event of a failure of its own IT facilities. We have included the accompanying forms of IT Disaster Recovery Services Agreement for suppliers of such services to use for that purpose.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Data Recovery Services Terms and Conditions contain the following clauses:

1. Application
2. Definitions and Interpretation
3. Provider’s Obligations
4. Customer’s Obligations
5. Price
6. Payment
7. Termination
8. Liability
9. Confidentiality
10. Sub-Contracting and Assignment
11. Force Majeure
12. Waiver
13. Severance
14. Third party rights
15. No partnership or agency
16. Notices
17. Entire Agreement
18. Law and Jurisdiction

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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