Data Loss

Data Loss

Service providers are apt to deflect responsibility for any loss or destruction of client data by requiring the client to back-up or archive its data:

Exemplar C21-1

Customer will (i) use reasonable efforts to provide Contractor with clear and legible copies of the Content in the best possible condition; (ii) cooperate with Contractor in correcting any problems associated with Content; (iii) either retain a complete set of documents delivered to Contractor or hold Contractor harmless for any loss or damage incurred to documents during shipment, storage or use, unless such loss or damage occurred as a result of Contractor’s negligence or willful misconduct; (iv) report promptly to Contractor any problems or errors that Customer observes or discovers with the Content; and (v) notify Contractor, in writing, of all court orders restricting the use, distribution or disposition of the Content delivered to Contractor.

Exemplar C21-2

CUSTOMER is responsible for adequate back-up of its Content. If any CUSTOMER Content is lost or destroyed due to any natural or man-made disaster, any act or omission of Supplier, or any breach by Supplier of an obligation under the Agreement, Supplier shall promptly assist CUSTOMER in restoring such Content from CUSTOMER’s last back-up materials available in compatible format.

Exemplar C21-3

Customer must supervise, control, and manage the use of the Supplier Software. In addition, Customer is responsible for archiving its Data to mitigate against losses that may be caused by users or Errors associated with their actions. Supplier will provide Customer with ongoing access to any Data under the Supplier’s control to assist Customer in archiving its Data.

In the following exemplar, the contractor bears responsibility for client data loss if the contractor fails to comply with applicable security standards and laws:

Exemplar C21-4

Contractor shall be responsible for any loss, destruction, or unauthorized access to the Data (or other End User data provided by Client hereunder) while in the care, custody, or control of Contractor due to Contractor’s failure to maintain the appropriate logical and physical security measures applicable to such Data as provided in this Agreement, or any allegation that the Data has not been held, retained, stored, transmitted, or processed by Contractor in accordance with applicable law.