Disaster Recovery Agreement (IT Equipment)

IT Disaster Recovery Services Agreement (Specific IT Equipment)

BS.DR.03

This IT Disaster Recovery Services Agreement (Specific IT Equipment) is designed for a business (“Service Provider”) offering to provide a limited amount of standard (hardware and/or software) IT equipment to a business customer (“Client”) to temporarily replace some or all of the Client’s own system in the event of a “Disaster” (as defined in the Agreement). It is written in favour of the Service Provider. It is GDPR (General Data Protection Regulation) compliant.

This template anticipates that:

• both the Client’s current equipment and the Service Provider’s substitute equipment will be listed in detail in a schedule, and the agreement will then be signed by both parties.

• the Client will need the equipment a short time after it suffers a Disaster.

• on activation of the agreement in the event of a Disaster, the Service Provider will deliver to the Client’s premises (named in the schedule) the Service Provider’s equipment listed in the schedule.

• the Client will operate the Service Provider equipment and act as data processor and controller.

• the Client will pay a fee for its actual usage of equipment in the event of a Disaster (but not any additional quarterly or annual fee to cover keeping the equipment on standby and testing/rehearsal).

The Client must provide accommodation for the equipment either at its usual place of business or at another Client location, in either case with its address being set out in the schedule.

This template does not provide for the Client to test the Service Provider’s equipment or to rehearse for a Disaster. It does however include provision for the Service Provider to give some technical assistance but the Service Provider is not responsible to provide any other services, facilities or use of any Service Provider site. In particular, the Service Provider does not provide any data back up service. If the Client wishes to maintain an up to date back up copy of its data (in case any data loss or damage occurs as a result of a Disaster) so as to be able to process it on the Service Provider’s equipment, the Client can outsource data back up services to a third party. Alternatively, if the Service Provider offers back up services, the Service Provider can supply those services to the Client under the Data Backup Agreement template included in this subfolder.

We have also included in this subfolder an IT Disaster Recovery Services Agreement (with site provision) template and IT Disaster Recovery Services Agreement (without site provision) template. Both of those documents provide for the Client to test the Service Provider’s equipment and rehearse for a Disaster and:

• the “with site” version is for use where the Service Provider makes available (hardware/software) equipment and other business operation facilities/ accommodation at its premises.

• the “without site” version is for use where the Service Provider delivers to the Client’s premises substantially more (hardware/software) equipment than would be supplied under the IT Disaster Recovery Services Agreement (Specific IT Equipment) and/or where some/all of the equipment is non-standard.

Once you have purchased access to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

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