Backup Service Supplemental Terms
1. Purpose and Scope
These Backup Service Supplemental Terms apply to paid backup, snapshot, replication, storage, retention, export, and restoration Services and incorporate the complete Data Backup and Restoration Policy.
2. Best-Effort Basis
Every backup and restoration is best effort and must never be treated as complete, infallible, corruption-free, or guaranteed to restore.
3. Included Scope
Only the data sources, schedule, destination, retention, and restore entitlement stated in the Order are included.
4. Customer Independent Backups
Customer must maintain current independent backups outside the production Service and outside any single Spark Rack-controlled backup system.
5. Scheduling and Retention
Schedules and retention periods are intended targets and do not guarantee that every recovery point exists, completes, remains available, or is restorable.
6. Application Consistency
Backups may be crash-consistent unless application-consistent processing is expressly included.
Customer must identify databases and applications requiring special methods.
7. Restoration
Restoration may overwrite current data, require an alternate destination, incur fees, take longer than expected, or fail.
Customer must validate restored data.
8. Encryption
Customer is responsible for Customer-controlled keys and passwords.
Loss of a key may make data permanently unrecoverable.
9. Malware
Backups may contain malware, ransomware, corruption, or compromised credentials that existed in the source.
Spark Rack may isolate or decline unsafe restoration.
10. Suspension and Termination
Backups may stop, expire, or be deleted during suspension or after termination.
Customer must retrieve required data before cancellation.
11. No Compliance Guarantee
The Backup Service does not guarantee legal, regulatory, insurance, archive, e-discovery, business-continuity, RPO, or RTO compliance.
12. Acknowledgment
- No backup system eliminates all risk.
- A successful status does not guarantee successful restoration.
- Replication, RAID, snapshots, and synchronization are not complete backup strategies.
- Customer must test restoration and maintain independent copies.
- Some data may be permanently unrecoverable.