CUSA Care: Backup Agreement

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Backup Agreement
ComputersUSA
Aka: CUSA, CUSA Care, CyberGuards SIX Backup
5433 Clayton Road, Suite M
Clayton, CA 94517
925-672-9989

Requirements/Prerequisite:
Functioning virus free computer, server, workstation, or existing back up media.
Broadband Internet connection. SolarWinds MSP Essentials. Operating systems supported: Current Windows 10, Microsoft Essentials or Server 2008 R2 or higher.

Agreement:
I/We the customer hereby agree to have our computer data backed up by ComputersUSA (CUSA) under their CUSA Care, CyberGuards SIX, subscription service and customer certifies they have met all prerequisites and requirements thereto. The undersigned understand that CUSA Care will use its best efforts to insure that data backed up is secure and safe. Notwithstanding this agreement, I/we/customer understand data backup and security is the responsibility of the data owner and customer shall not hold CUSA or its affiliates, associates, or assigns liable for any data loss.

The Process:
Customer will allow a direct and unfettered connection to your computer(s), network(s) or device(s) for setting up the backup sets and for the continuation of backups increments. Initially we will provide a link to connect by remote software thereby allowing us access to your computer or device. We may opt for sending/providing a backup device, media, flash drive, external drive, etc. to perform the initial backup which we transfer to our backup servers. Thereafter, to perform backup services as specified under Backup Options.

Data Ownership:
The data set(s) belong to the subscriber and CUSA Care makes no claim of ownership or title to the subscriber’s data, other than the requirement of the monthly subscription, and any past due amounts, are paid in full. The subscriber has full access to retrieve, change or modify their data sets at any time.

The Backup Sets:
The first/initial backup will determine the size of the backup set. If we provide media to facilitate the initial backup set you agree to be responsible for the full cost of the media provided by CUSA and will pay the full retail price thereon while it is in your possession.

Price:
The monthly subscription price is determined by formula that relates to the size of the backup set or as previously agreed upon as follows:
See Addendum “A“ attached and made a part hereto.

CUSA Care will perform backups according to the checked box below:

( ) Full Bare Metal backup includes all data available on the computer we are backing up, including the operating system. For example, Windows 10, Server 2008, etc. The purpose of this method is the ability to recover everything; data, apps, programs, settings, and personalization. All data in this set is charged. After the initial backup set is created backups will continue as incremental backups only backing up the files that have changed since the last backup was performed.

( ) Selected data files and/or folders only for this backup set. After the initial backup set is created backups will continue as incremental backups only backing up the files that have changed since the last backup was performed.

Backup Frequency:
Incremental backups to the backup sets selected above are done on an: ( ) hourly basis – add $0.015 to backup set, ( ) AM & PM basis, twice per day add $$0.010 to backup set, ( ) daily basis.
What time is best to start backups: ( ) AM, ( ) PM, ( ) Midnight. Note:____________ .

The size of the backup set is evaluated and adjusted quarterly. Pricing changes based upon the new size of the backup set may adjust at that time or be waived until the next evaluation, at the discretion of CUSA Care.

Recovery:
There is no charge for a data set recovery if unassisted by CUSA Care reps. You will be provided with credentials to retrieve your data set. If assistance/labor is required to help the customer recover their data ComputersUSA (CUSA) standard hourly labor rate may apply.

Infections: If your initial data set is infected by a virus, malware, Trojans, ransomware, phishing attempts, key-loggers and whatever mal-infections that may occur in the present or future time frame that condition would still exist if a recovery process is initiated. We strongly advise a good cyber security scanner (aka virus scanner) or request a virus scan at time of creating the initial data set or at recovery. Recovery of a single file, or single folder from a data set will require CUSA Care reps to assist you.

Term:
The term of this agreement is for 12 months. At the end of the initial term this agreement transforms to a month to month agreement at the then existing rates and terms, conditions and pricing, or can be renegotiated at the request of the subscriber or CUSA Care reps.

This agreement can be terminated at any time, after the initial 12 months, if written notice to terminate with a 30-day notice given to any CUSA Care office or employee. All past and current charges need to be paid in full. At that time the data is available to the customer for unassisted release, deletion or transfer. Data is purged on termination date of this agreement.

Payments:
The customer agrees to have his credit card, debit card or ACH payment plan charged for monthly subscription fees until cancelled. Customer agrees to maintain their payment method information. If credit/debit/ACH information is modified that information will be relayed to CUSA and changes thereto are free. If a decline is encountered customer agrees to pay a $5.00 service charge to update the information. Monthly price will be determined by the data set size and the rates agreed to during the term and will be adjusted every quarter to reflect the then current data set size.

Legal:
ComputersUSA aka CUSA, CUSA Care, CyberGuards are the wholly owned property of WACPAC Trust registered in Contra Costa County, Martinez, California. If legal action is required to enforce the terms and conditions of this agreement the prevailing party is entitled to compensation as determined by the court or arbitrator. The venue of this agreement shall be City of Clayton, Count of Contra Costa, State of California 94517.

Disclosures:
We do not own the software used to manage the backup process but are licensed by SolarWinds of SolarWinds Corporation at 7171 Southwest Parkway, Bldg. 400, Austin, Texas 78735, or its assigns, as a Managed Service Provider (MSP). SolarWinds backup software is HIPAA compliant with 256-bit encryption, or better. However, government rules and regulations are subject to change. Customer agrees to allow these changes without effecting this agreement. CUSA, at its option may choose to re-backup our backup servers to a 256 bit, or better, encrypted cloud service such as Amazon Glacier. CUSA pays a license fee to SolarWinds for the use of their software.

Acts of God:
We are not that entity and we are not perfect. Therefore, we are not responsible for biblical events, human acts of terror, floods, earthquakes, lava flows, meteor strikes, end of world events, theft, or computer hacks.

I/We hereby agree to the above terms and conditions:

CUSA Care Subscriber: Name Sign
Name Print

Accepted by Authorized CUSA rep: Name Sign
Name Print

Price: $0.00
 
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