ACRONIS & R1 BACKUP SERVICES AGREEMENT WITHIN RACKNATION


In addition to the standard terms and conditions contained in the Service Agreement between RACKNATION and Customer (the “Agreement”), of which this Schedule is a part of, the Customer agrees that the following terms and conditions apply with respect to the Data Backup and Recovery Service provided to Customer by RACKNATION via its Acronis Backup and recovery service or R1 backup services.

1. Description
RACKNATION works to ensure the successful and timely back up and restoration of all Customer data that it provides Backup and Recovery services for.

Time to Initiation of Restoration – Customer has full control to initiate a full or partial restore via its Acronis Control Panel, if client has no access to the control panel they can request such access via support ticket emailing [email protected]. RACKNATION will initiate Customer data restoration efforts within 30 minutes of the Customer’s request, at no point Racknation will initiate a disaster recovery or file recovery process without the explicit client's conscent. The Customer is responsible for integrity of Data targeted for back up by RACKNATION. RACKNATION backs up data “as is, where is” and will restore data in the same format in which it is backed up. (Example: corrupted data will get backed up and restored in the same state. Incremental daily back ups are done to allow customers to restore data to a “good” state, but assume that customer’s data was in a “good” state when backed up.)
(Example 2: if client doesn't have an endpoint protection system on its Windows Server and gets infected by a ransomware, one or several recovery points might be infected with this ransomware, backup services will not protect servers from virus or malware infections, in such scenario RACKNATION might need to recover several recovery points to locate a safe point in time, its client's responsibility to assure they protect their servers properly unless they are under a managed server scheme with RACKNATION managed endpoint protection)

RACKNATION agrees that it will make commercially reasonable efforts to meet the minimum service levels and targets set out in this Data Backup and Recovery Service Schedule throughout the Term of the Agreement.

2. Data Back and Recovery Service Fees Monthly Recurring Data Storage Fees. The Data Backup and Recovery Service is billed on a monthly basis at a per Gigabyte rate specified on the Service billing. Fees are calculated after Customer’s data has been compressed at the end each month during the Term.

3. Minimum Service Levels The minimum service levels for the Data Backup and Recovery Service are as follows: (a) Data Recovery. RACKNATION will provide 100% recovery guarantee of Successfully Backed Up Data (refer to service level definition point a) (b) Data Restoration Initiation for Online data: Customers will be able to restore online data through the RACKNATION client software running on their server. An online data restore will begin within 30 minutes from the point that the online data is requested and approved by the client.

4. Service Level Definitions (a) Successfully Backed Up Data. RACKNATION can only provide a 100% data recovery guarantee on data that has been backed up between the Customer’s server and the Data Center without error corruption. Upon each backup operation our backup software will set a flag that clearly indicates that a successful backup has occurred. Data backup success will also be reported on a daily basis. In the event of a backup failure the customer may schedule or contact RACKNATION to arrange for a subsequent backup.

(b) Data Restoration Initiation. In most cases a Customer will be able to restore files without RACKNATION assistance. Where necessary, the Measured Time to Begin Data Restoration starts upon notification of a Data Restoration by the Customer to the RACKNATION Network Operation Centre by support ticket. The Measured Time to Restore ends when the data restoration is initiated. RACKNATION will notify the Customer by support ticket and the Customer will confirm that data restoration has been initiated. Data restoration will begin only when a customer environment is properly functioning and ready to receive data.

(c) Measured Unavailable Time for Service. Data Backup and Recovery Service is deemed to be unavailable to the Customer when the Data Backup and Recovery Service is fully interrupted, such that the Data Backup and Recovery Service cannot be accessed or used by the Customer. The measured unavailable time starts upon notification of an Outage by the Customer to the RACKNATION Network Operation Centre by support ticket. The measured unavailable time ends when the affected Service is restored. RACKNATION will notify the Customer by support ticket or telephone and the Customer will confirm that the affected Service has been restored. Additional time taken by the Customer to perform confirmation testing is not included in the measured unavailable time if the Service is in fact restored. The Customer acknowledges that although RACKNATION does monitor use of the Data Backup and Recovery that the Customer is responsible to notify RACKNATION of any Outages or other Service issues. (d) Data Retention Time (DRT). RACKNATION follows a prescribed schedule for backups. Data will be retained over a 30 day cycle with full backups occurring weekly and differential backups running on a daily basis. Customer data will therefore age and new data will overwrite data that is more than 30 days old.

(e) Recovery Point Objective (RPO). Data backup occurs at a fixed point in time according to a schedule agreed upon between RACKNATION and Customer, if the client doesn't specify an specific recurrence, RACKNATION will use the standard recurrence of 1 daily backup, 7 daily retentions and 1 monthly backup. Any data that exists between backups is vulnerable. The length of time between backups is the Recovery Point Objective. This is the point back in time to which a Customer’s data must be recovered. This would typically be a maximum of 24 hours since backups take place daily. For example if a client agrees with a daily backup scheme, this means that the client agrees he can lose up to 23 hours and 59 minutes of data in case of disaster. If a client modifies its backup cycle to a hourly backups instead of a daily backup client can lose up to 59 minutes and 59 seconds of data in worse case scenarios.

(f) Recovery Time Objective (RTO). This is the maximum elapsed time required to complete the recovery of customer’s data. RTO is a function of the size of the data delivery circuit and the total amount data to be recovered. In most cases where the total data recovered is less than 1 terabyte this could be 6, 12 or 24 hours if the Customer environment is properly functioning and ready to receive data. As soon as client approves a data recovery RACKNATION will make the maximum effort to move ahead the recovery process however the client agrees that this process can be a lenghty process depending on the volume size and that it varies upon the data size, for example volumes with many small sized files might take more time to recover than volumes with big sized files. Because of the unpredictable nature of the different file types that clients might backup, RACKNATION makes no specific recovery time tables, our promise relies on the fact that we will assign a RACKNATION professional to initiate and monitor your recovery process as soon as possible and that we will make our maximum effort to speed up this process without sacrificing your data integrity.

5. Credits for Failure to Meet Service Levels If RACKNATION fails to meet the minimum service levels for the Data Backup and Recovery Service the Customer shall be entitled to the following credits: (a) 100% of the backup service cost will be applied as a credit to the clients account (b) Depending on the client's contract SLA credits of their environment will be applied as per the contract SLA agreement.

6. Application of Credits Credits shall be applied in respect of the next billing period and shall be based on the monthly rates in effect at that time. In no event shall any credit be awarded in excess of the monthly rates for the affected services as per the monthly billing in effect at the time the credit is applied. If credits remain payable following the termination of the Agreement, the Customer shall be entitled to receive a rebate equal to the amount of such credits.

7. Cancellation of Services Notwithstanding anything to the contrary in the Agreement, the Customer may elect by providing notice in writing to RACKNATION to terminate the provision of the Services without liability for early termination (other than on account of charges incurred prior to cancellation) at any time, if: (i) 2 or more unsuccessful full backups resulting from an outage of the Data Backup and Recovery service occurs in any single calendar month and are left un-remedied; or (ii) an Outage occurs as the result of any event derived from RACKNATION internal infrastructure services (electricity, cooling, connectivity or similars)