Business Backup Template

BUSINESS BACKUP TEMPLATE

This Business Backup Agreement (the Agreement) is made and entered into as of by and between Client Name: and Service Provider Name: .

RECITALS

WHEREAS, Client operates a business and requires regular secure backups of business data and systems to preserve business continuity, comply with record retention obligations, and enable timely restoration following an event; and

WHEREAS, Service Provider represents that it has the technical expertise, infrastructure, and staffing necessary to perform backup, storage, encryption, and restoration services described herein under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth their respective rights, obligations, and compensation for such backup and related services in a written agreement.

PARTIES' CONTACT INFORMATION

SCOPE OF WORK

Service Provider shall perform backup, storage, and restoration services for Client in accordance with the specifications set forth below and as further described in the Scope of Work field. Services shall include, at a minimum, scheduled data backups, secure offsite or cloud storage, encrypted transmission where applicable, and documented restoration testing.

BACKUP SPECIFICATIONS

Encryption required for stored backups and transmissions

PAYMENT TERMS

Client shall pay Service Provider the fees set forth below in consideration for the services rendered under this Agreement. All fees are due in accordance with the agreed schedule. Late payments shall accrue interest and may result in suspension of services as set forth herein.

TERM AND TERMINATION

This Agreement shall commence on Start Date and shall continue until End Date unless earlier terminated in accordance with this section.

Start Date:     End Date:

CONFIDENTIALITY

Each party acknowledges that it may receive Confidential Information from the other party. Confidential Information shall include business data, backup data, system configurations, encryption keys, and other non-public information disclosed in connection with this Agreement. Recipient shall: (a) use Confidential Information solely to perform its obligations under this Agreement; (b) restrict disclosure to those employees, contractors, or agents with a need to know and who are bound by confidentiality obligations no less protective than those herein; and (c) implement reasonable administrative, physical, and technical safeguards to protect Confidential Information from unauthorized access or disclosure. Confidential Information does not include information that is publicly known through no breach by Recipient, previously known by Recipient without restriction, or independently developed by Recipient without use of the disclosing party's Confidential Information.

LIMITATION OF LIABILITY; INDEMNITY

Except for willful misconduct or gross negligence, neither party shall be liable to the other for consequential, incidental, special or punitive damages. Service Provider's aggregate liability for direct damages arising out of or related to this Agreement shall be limited to the fees paid by Client to Service Provider in the twelve (12) months preceding the claim. Each party shall indemnify and defend the other against third-party claims arising from its negligence or willful misconduct in connection with this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles.

ENTIRE AGREEMENT; AMENDMENT

This Agreement, including any written attachments and statements of work executed by the parties, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether oral or written. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

Notices required under this Agreement shall be in writing and delivered to the contact information provided above. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that monetary damages may be an inadequate remedy for breach of confidentiality or other provisions and that equitable relief may be appropriate.

Sign Now