Data Recovery T&Cs

June 2015

Data Security

Whether an IT company’s customer is a business or a consumer, if its customer’s computer data is lost, damaged or corrupted, the consequences may be, at the very least, a significant inconvenience, and, at worst, disastrous for the customer.

To enable IT companies to provide services to mitigate such data loss, damage or corruption problems, we have just added to our IT Disaster Recovery subfolder several new Agreement templates.

There are three Terms and Conditions templates covering provision of data recovery services, one being for business customers, and the other two for, respectively, consumer customers who make the contract on the IT company’s premises, and consumer customers who contract off premises or by means distance selling.

Consumer Law Requirements

The consumer versions meet consumer law requirements, including those of the new Consumer Rights Act 2015 (which will apply from 1 October 2015), and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (which require suppliers to allow customers a “cooling off” period during which they may cancel the contract without liability).

The subfolder already includes a form of online data backup services agreement, to enable IT companies to provide a customer with remotely backed up data when the customer’s own primary data is affected. The subfolder also includes several recently added forms of disaster recovery services agreement for provision of alternative IT facilities where a customer’s own facilities are affected.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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