Managed Backup Service Agreement Template for England and Wales

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Key Requirements PROMPT example:

Managed Backup Service Agreement

"I need a Managed Backup Service Agreement for my fintech startup that emphasizes data security and GDPR compliance, with specific provisions for daily backups of financial data and a recovery time objective of under 4 hours."

Document background
The Managed Backup Service Agreement is designed for organizations seeking to outsource their data backup and recovery operations to specialized service providers. This contract type is essential in today's digital environment where data protection and business continuity are critical. Governed by English and Welsh law, it addresses key aspects such as service delivery standards, compliance with UK data protection regulations, security protocols, and disaster recovery procedures. The agreement is particularly relevant for organizations handling sensitive data or operating in regulated industries, providing a comprehensive framework for managing backup services while ensuring legal compliance and risk management.
Suggested Sections

1. Parties: Identification of service provider and customer with full legal details

2. Background: Context of the agreement and high-level purpose of the services

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of backup services to be provided

5. Service Levels: Performance standards, availability, and response times

6. Customer Obligations: Customer responsibilities and requirements

7. Charges and Payment: Pricing, payment terms, and invoicing arrangements

8. Data Protection: GDPR compliance and data handling requirements

9. Confidentiality: Protection of confidential information

10. Term and Termination: Duration and termination provisions

Optional Sections

1. Change Control: Process for managing changes to services - recommended for complex or long-term agreements

2. Disaster Recovery: Specific disaster recovery procedures - essential when providing backup for critical systems

3. Staff and Key Personnel: Requirements for service provider staff - relevant when specific expertise or security clearance is required

4. Exit Management: Detailed exit procedures - recommended for complex services or regulated industries

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications of backup services

2. Schedule 2 - Service Levels: Detailed SLA metrics and measurement methods

3. Schedule 3 - Pricing: Detailed pricing structure and calculations

4. Schedule 4 - Data Processing Agreement: Detailed data protection terms as required by GDPR

5. Schedule 5 - Security Requirements: Specific security standards and protocols

6. Schedule 6 - Business Continuity Plan: Detailed continuity and recovery procedures

7. Schedule 7 - Exit Plan: Detailed transition out procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

UK GDPR and Data Protection Act 2018: Core data protection legislation governing the processing, storage, and transfer of personal data in the UK, including backup services

Privacy and Electronic Communications Regulations (PECR): Regulations covering electronic communications, privacy, and data security requirements

Consumer Rights Act 2015: Legislation protecting consumer rights in service contracts, relevant if the backup service is provided to consumers

Consumer Contracts Regulations 2013: Regulations governing distance selling and electronic contracts with consumers

Computer Misuse Act 1990: Criminal law addressing unauthorized access to computer systems and data

Network and Information Systems Regulations 2018: Cybersecurity regulations for essential services and digital service providers

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, particularly regarding liability limitations

Contracts (Rights of Third Parties) Act 1999: Law governing third-party rights in contracts, relevant for multi-party service arrangements

Electronic Commerce (EC Directive) Regulations 2002: Regulations governing electronic commerce and online service provision

Trade Secrets Regulations 2018: Protection of confidential business information and trade secrets

TUPE Regulations 2006: Employment protection regulations relevant if service involves transfer of staff

Common Law Contract Principles: Fundamental principles of English contract law including offer, acceptance, consideration, and intention to create legal relations

ISO 27001: International standard for information security management, often required in backup service agreements

PCI DSS: Payment Card Industry Data Security Standard, relevant if backing up payment card data

FCA Regulations: Financial Conduct Authority regulations applicable when providing services to financial sector clients

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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