Jay, as in the backup cloud like MSP for many years, I can certainly appreciate the concern you have. In fact, if you look at the fine print of cheap backup solutions, you will find that no matter what they are not responsible for. Sometimes I think that if people really understood this total lack of adhesion, no one would use their service. I want to encourage everyone to really understand the responsibility part of the agreements, as Jay does now. You may be surprised at what you find out. On the other hand, I`ve never seen an MSP or cloud backup company offer unlimited liability. We simply couldn`t offer an affordable service with unlimited responsibility in such an unpredictable world. A good balance, IMHO, is a balance between non-responsibility and unlimited liability. This could be based on royalties paid last year or on a multiplier of royalties paid. This motivates the MSP to make sure they are doing their job and putting some skin on the line. If your current MSP is not responsible and is not ready to defend itself, I agree with other posters to say it`s time to look for another MSP – at least for your backups.
Now ask for a restoration. You`re starting to do things right again. But due to a careless error in the backup software, the result is «damaged backup. It can`t be restored. 14.17. Full agreement; Changes Execution. The agreement constitutes the whole agreement between the parties with respect to its purpose and replaces any statements, agreements or agreements before or concomitant, written or orally, relating to their purpose. The agreement takes precedence over all additional, contradictory or inconsistent terms and conditions that may appear in an order or other document provided by the customer to AVEVA. The agreement can only be amended or amended by an amending handwriting signed by both parties or on behalf of both parties. The agreement can be executed in return, each being considered original, but which together constitutes the same instrument. A facsimile or electronic copy of the contract must be interpreted as if it were an original. 2.8.
The customer agrees that, as part of this agreement, AVEVA will appoint third parties to transform personal data. AVEVA confirms that it has entered into a written agreement with the third-party processor, with conditions substantially similar to those of this data processing supplement. That`s what I see. The MSP does everything right. You program backups correctly. They organize the transport properly. They check that the media is perfect. They do everything in their power to ensure that the backup is properly executed and that it is intact on the cloud drive. 4.3. Accommodation. To the extent that an applicable transactional document does not indicate a specific hosting area for a product, AVEVA must host and supply the product from those centers and locations, as can be determined by AVEVA (including the means necessary for redundancy or security purposes).
MSP will almost certainly not assume all of the commitments for backup outages, and online services that claim to have generally fairly restrictive envelopes of liability. You can`t control all the variables involved, and I really don`t care what the nameable brand of the backup product is. You all have errors and errors, and in the case of more conscious modules of applications like SQL, Exchange or AD, a service pack or configuration changes on your site can ruin the whole process. File-level backups are not a pipe dream. 2.7. With respect to all personal customer data processed by AVEVA as part of its performance of its obligations under this agreement, AVEVA has a number of other additions and deletions that the service provider must make to complete the form.