Cloud Backup Agreement Details
Limitation of Liability
In no event shall Solution Provider be held liable for indirect, special, incidental or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment, lost data, costs of substitute equipment, or other costs. In the event of indirect, special, incidental or consequential damages, liability will be limited to the value of the contract term, less implementation cost.
Indemnification
The Client shall at all times indemnify and save the Solution Provider harmless against and from all losses, liability, expenses, and other detriments of every nature and description to which The Client may be subjected by reason of any act or omission of the Solution Provider, its subcontractors, consultants, agents, officers, directors, and employees where such loss, liability, expense or other detriment arises out of or in connection with the performance of the work, including, but not limited to, personal injury (including death) and loss of or damage to property of The Client or others.
Excluded Services
Service rendered under the IT Focus agreement does not include: The NAS hardware replacement cost and the cost associated with hardware replacement due to damage, theft or destruction. Backing up of local data that may reside on desktop and laptop machines. This agreement encompasses Windows Servers only.
Force Majeure & Malicious Acts
Our agreement is designed to cover the support needs of The Client during normal operating conditions. The Solution Provider shall not be liable for damages, delay, or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, and/or any other cause beyond the reasonable control of either party.
Furthermore, damage and/or significant problems that result from anomalies and/or abnormal circumstances such as fire, flood, electrical surges, deliberate malicious acts, theft, acts of God, wars, insurrections, and/or any other cause beyond the reasonable control of either party fall outside the terms of this agreement.