IT Disaster Recovery Services Agreement (without site provision)
This IT Disaster Recovery Services Agreement (without site provision) is for a business (“Service Provider”) which provides computer hardware and/or software facilities to small or large business customers (“Clients”) to assist them with disaster recovery. It is written in favour of the Service Provider.
The definition of “Data Protection Legislation” in this document has been updated with reference to the UK GDPR.
This template anticipates that:
• the Client will need the facilities within a very short time after it suffers a “Disaster” (as defined in the Agreement).
• the Service Provider and the Client will, before signing the agreement, discuss and agree which Client hardware, software and other IS/electrical power/office items/facilities need to be replicated for the Client by the disaster recovery service to be supplied by the Service Provider.
• once the parties have agreed on both a) the items/facilities to be replicated, and b) the Client’s equipment/facilities/services to be provided by the Service Provider, the details of both will be set out in a schedule, and the agreement will then be signed by both parties.
• in the event of a Disaster, the Service Provider will make available its equipment/facilities/services to the Client at the Client’s own site or a site nominated by the Client specified in the agreement.
• when a Disaster occurs, the disaster recovery services will be activated and the Service Provider will deliver its equipment to the Client’s premises or other nominated site.
• the Client, not the Service Provider, will operate the equipment delivered by the Service Provider. The Client will be the “data controller” and “data processor” in relation to all data but there is an option for the parties to agree (in Clause 8) that the Service Provider will/may carry out data processing in which case the Service Provider will be the “data processor” in relation to the data it processes.
The document includes provisions for:
• the Client to test the equipment to be provided by the Service Provider.
• the Client to rehearse for a Disaster.
• the Service Provider to give some technical assistance.
• the Client to pay fees for actual usage together with a quarterly/annual standby fee to cover testing and rehearsal.
The Service Provider does not provide any site or accommodation or other services or facilities under this agreement except as outlined above.
In particular, the Service Provider does not back up (or hold) any data for the Client, or mirror any of the Client’s IT operations, or provide any other data services, either before or after any Disaster occurs. Such data services are not included as part of the Services provided under this agreement. However, as part of its disaster recovery planning, the Client may wish to maintain an up to date back up copy of all of its data in case any data loss or damage occurs as a result of a Disaster . It will then be able to process the back up data on the Service Provider’s equipment. The Client can outsource data back up services to a third party. Alternatively, if the Service Provider offers those services, the Service Provider can supply those services to the Client under the Data Backup Agreement included in this subfolder.
We have also included the following two templates in this subfolder; either of them may also be used in conjunction with the Data Backup Agreement template:
- IT Disaster Recovery Services Agreement (with site provision) for use by a Service Provider which makes available equipment and other business operation facilities and accommodation to the Client at premises of the Service Provider. This template can be used where the Service Provider offers the choice to clients of using accommodation at the Service Provider’s site or to use its equipment at the client’s premises, and the Client chooses to use the equipment at the Service Provider’s site.
- IT Disaster Recovery Services Agreement (Specific IT Equipment) for use where the quantity of hardware/software equipment supplied is very limited and/or it is standard, the Service Provider does not provide any accommodation, the Client alone will carry out all data processing, the Client does not require any testing or rehearsal facility, or any data back up or other services, and the Client pays only for actual usage of the equipment.
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