Note: This is a previous version of our Backup & Disaster Recovery Terms as of April 1, 2024. View the current version here.

Backup & Disaster Recovery Statement of Work Terms

1) Business hours remote monitoring & management of the backup: During business hours ENC will monitor and manage performance of your backup, included but not limited to: troubleshooting and remediation of failed backups, preventive maintenance and management of backup software, firmware and software updates of BDR appliance, problem analysis by the network operations team, monitoring of backup successes and failures. We will document our monitoring of your backup through regular pass/fail checks. To ensure the backup is working we will conduct a limited test file restore on a regular basis. ENC will operate the backup systems solely at our discretion. ENC operates a hybrid Client Site BDR appliance connected to an Internet data center backup. The Client will be given a Backup Retention Goal and/or Storage Fee Increments in these two systems under the Services Fee Schedule.

2) Backup Frequency: On-site backups will occur in real time; offsite backups will occur no less than every twenty (24) hours, Monday through Friday.

3) Backup Data Security: All backed up data is encrypted in transit and at rest in 256-bit AES encryption. Offsite data is stored in SOC 2, ISO 27001 and PCI-DSS certified facility. All facilities housing backed up data implement physical security controls and logs, including security cameras, and have multiple internet connections with failover capabilities.

4) Client Site BDR Appliance:  This BDR appliance will coordinate your backups and up-load those backups to our data center. The BDR will be programmed with a Client Site Retention Goal.

5) Client Site Retention Goal: BDR Appliance storage is limited by two factors, the capacity of your BDR appliance, measured in Terabytes (TB), and the retention settings in the appliance’s software, measured in days. The retention period in days is a goal and is not always achievable, due to storage limitations of the appliance. We will work to manage your appliance and systems to the number of days in your retention goal, however, from time to time due to data growth, or other omissions, your storage needs may exceed the storage capacity of the BDR appliance. If this occurs, we may need to revise your retention goal, lowering the number of days, or quote you a upgrade to your BDR appliance. Please be aware that retention goals may take time to manage, troubleshoot, and quote and therefor ENC may not always meet the stated retention goal.

6) Off-Site Retention Goal: ENC’s off-site data center will have a retention goal measured by TB of storage, per day. Any space required or requested by Client beyond this amount will result in charges as overages.

7) Backup Retention Guarantee: ENC only guarantees retrieval of the most recent recovery point sent to the backup appliance in a local recovery situation. ENC only guarantees retrieval of archived data sent to the off-site data center in the prior calendar day.

8) Client Site Server Backups: ENC will deploy our backup services to the Client’s on-premises servers within 14 days (about 2 weeks) of enrolling the server under ENC’s management. ENC assumes that the Client is saving all files they wish to back up to their servers.

9) Limitations to System Integrity: ENC’s BDR solution uses industry-recognized products and software to help ensure the security and integrity of Client’s data. Data recovery coverage assumes data integrity of the backups or the data stored on the backup media. We do not guarantee the integrity of the backups or the data stored on the backup media. Server restoration will be to the point of the last successful backup. If the server or its applications require additional configuration beyond the data provided by the latest backup, we will bill this work at our standard time and materials rates.

The Client understands and agrees that all data transmitted over the Internet may be subject to malware and computer contaminants such as viruses, worms and trojan horses, as well as attempts by unauthorized users, such as hackers, to access or damage Client’s data. Neither ENC nor its designated affiliates will be responsible for the outcome or results of such activities. Data backup and recovery time will depend on the speed and reliability of Client’s Internet connection.

BDR services require a fast and reliable, always-connected Internet solution. Internet and telecommunications outages will prevent the BDR services from operating correctly. In addition, all computer hardware is prone to failure due to equipment malfunction, telecommunication-related issues, etc., for which ENC shall be held harmless. Client is strongly advised to develop and use data verification process to ensure the integrity of Client’s stored data. Client is further advised to take all verification errors seriously and agrees to contact ENC immediately if verification errors are repetitive and/or cannot be remedied.

Due to technology limitations, all computer hardware, including communications equipment, network servers and related equipment, has an error transaction rate that can be minimized, but not eliminated. As such, Client understands and agrees that any data sent to or stored by ENC may become corrupted or lost due to communication or hardware-related failures. ENC cannot and does not warrant that such data corruption or loss will be avoided, and Client agrees that ENC shall be held harmless if such data corruption or loss occurs. Client is strongly advised to keep a local backup of all of stored data to mitigate against the unintentional loss of data.

10) Excluded from Backup: By default, ENC will not operate its backup in the following scenarios; systems ENC does not have administrative credentials for, system’s operating a Client managed backup as two backup systems conflict, system incompatible with our backups systems, desktop computers, Network Attached Storage (NAS) devices, USB attached storage, other service provider’s backup appliances (such as your former MSP’s BDR appliance), cloud servers, desktops, and applications (such as Google GSuite, Gmail and Microsoft Office 365, SharePoint, OneDrive, Outlook E-Mail, Drobox, & etc.), hardware embedded systems or firmware, servers without direct network access, Internet of Things (IOT) devices, and mobile devices.

11) Simple Restores: Cover situations where system integrity is not in question, and the Client wishes to restore a file from backup. ENC will provide file restore services under this SOW at no additional charge. You may contact our Help Desk and request a file restore to the previous or new location. For single file restores ENC is usually able to accomplish this remotely. File restores may overwrite the most current version of the file, with the version from your backup, resulting in data-loss.

12) Complex Restoration & Disaster Recovery Requests: Due to increased risks and potential costs to you, we request that your designated liaison manage complex restoration. Large or multiple files restores may take substantial time to complete resulting in downtime, delays, or service interruptions. In these cases, the Client should carefully consider restoring from backup. Rebuilding databases or restore applications may require onsite as well as remote support, support from third parties, and incur fees to the Client, outside of this agreement.

13) Equipment Loss & Disaster Recovery Services: In the event of data compromise or loss due to equipment failures, such as a disaster or server hardware failure, ENC will work to repair or replace the equipment and restore from a backup on a time and materials basis at the assigned engineer’s then-current rates. ENC will make Client’s Data available to Client based on the availability of hardware to host the Client’s systems.

14) Archiving, Legal Hold, & Version Controls: BDR services do not permit archiving, legal hold, or retrieval of prior document or file versions; only the latest version of a stored document or file is recoverable. Your backup may not be suitable for version control questions common in legal or employee disputes.

15) Modifications to the BDR Plan: Must be made to ENC in writing via service@encomputers.com and must be consented to by ENC in writing. The Client’s employees may be saving files locally on their computers, instead of the backed-up servers, which ENC may or may not be aware of, and these files will not be included in the backup. ENC advises that the Client to manage its team to store files in backed up locations, regularly review the list of ENC backed-up servers and verify with ENC in writing that the backup covers the files and applications that are important to the Client.