BitLeap™ Backup Service Agreement
I. Offsite Data Backup
(A) Guarantee of Data Backup:
BitLeap is responsible for backing up the CUSTOMER’s data in accordance with the selections made through the web-based control panel and directly through BitLeap’s representatives and official partners. BitLeap does not make any further guarantee, expressed or implied, to backup any other data on or off of the CUSTOMER’s premises apart from the particular files and directories officially indicated by CUSTOMER.
(B) Data Backup Status Reporting:
BitLeap will provide the CUSTOMER with the ability to view the condition of the overall backup status, as well as, backup status of individual files by way of the web-based control panel. The primary tool for evaluating backup status is through the web-based control panel available online at http://bitleap.com. It is the CUSTOMER’s responsibility to verify that the data the CUSTOMER intends to have backed up by BitLeap is accurately setup in the web-based control panel and is being backed-up by the system and reporting no errors. BitLeap will, in addition, actively monitor backup status and alert CUSTOMER by e-mail or telephone to potential problems BitLeap can reasonably detect with the CUSTOMER’s data indicated for backup under section A in a timely manner. It is the CUSTOMER’s responsibility to verify that BitLeap has the correct contact information for providing these alerts.
(C) Data Restoration:
BitLeap provides various tools to the CUSTOMER for the purpose of restoring data that has been backed-up with the BitLeap system. These tools include but are not limited to the secure web-based control panel, local network access to the LeapServ using FTP protocol and telephone assistance from BitLeap’s technical support staff. BitLeap’s technical support staff is available for general support during operation hours posted on BitLeap’s website and on an emergency basis for system failures or data restorations 24 hours per day. Every attempt is made to provide reasonable and fast response times to both general and emergency support requests from the CUSTOMER. Emergency support requests can be issued by following the instructions on the contact page of BitLeap’s website. This process will initiate instant and simultaneous contact to no less than three on-call members of BitLeap’s technical support staff and a response will be provided as soon as possible.
(D) Failed Data Backups:
BitLeap is committed to maintaining the most reliable and redundant infrastructure possible to protect the CUSTOMER’s data. BitLeap will complete selected backup transfers within 72 hours. If the data backups are not completed within this time frame, BitLeap will provide CUSTOMER proper notice through tools in the online customer control panel interface. This provision is restricted by the condition of the CUSTOMER’s data network and all physical and Internet connectivity requirements being suitable for BitLeap’s backup system to have performed its function properly. If CUSTOMER data indicated as properly backed up by BitLeap is determined to be not restorable as a direct result of a defect or error with a BitLeap product or BitLeap’s backup software, CUSTOMER shall be eligible for a refund. Properly backed up data is limited to data which the online control panel shows as successfully backed up and for which there are no backup process warnings or errors reported in the online customer control panel. The CUSTOMER is solely responsible for verifying that the necessary files to restore specialized software systems, such as databases and other data environments, are being created and are included in the data BitLeap is directed to backup. The maximum amount of the refund shall be the total amount of money CUSTOMER has paid to BitLeap directly related to the impacted service.
(E) Pricing:
Pricing for the service level in the attached quote authorized by CUSTOMER shall be provided at the same rate for a period no less than twenty four months from the service execution date. Any additional service upgrades or enhancements requested or required by CUSTOMER after the service execution date shall be invoiced at the prevailing retail rate for such additional services. The CUSTOMER shall be alerted in writing by mail or authorized electronic mail address as to any planned changes in pricing after the initial twenty four month period for the initial base service reflected in the attached quote at least sixty days prior to said change.
II. Access
(A) BitLeap Maintained Equipment:
For the purposes of maintaining hardware systems responsible for providing BitLeap’s services to CUSTOMER, BitLeap is granted remote access to such equipment in order to perform routine software maintenance and system health evaluations. Some of these functions include, but are not limited to, the maintenance of operating systems & BitLeap software, installation and setup of new software versions, installation of security patch updates, hardware health monitoring, processor load monitoring, and bandwidth usage monitoring.
(B) Customer Maintained Computers:
For the purposes of backing up data from CUSTOMER maintained computers and systems, the CUSTOMER will create unique authentication username and passwords for BitLeap to connect to such devices in order to backup data from them. The creation and assignment of such authentication methods will serve as authorization to BitLeap for the purposes of backing up data from such devices.
(C) Customer Data:
All CUSTOMER data, backed up by BitLeap or otherwise, is considered confidential and private, and will be secured using standard and proprietary encryption methods, and stored in facilities secured electronically and physically 24 hours a day, 7 days a week. In order to ensure that all appropriate data has been backed up, BitLeap computer software conducts bit level comparisons on files and stores the data in an unidentifiable format on BitLeap’s storage servers. BitLeap personnel require no express permission from the CUSTOMER to view this unidentifiable version of the raw data being stored on BitLeap’s storage servers. BitLeap also reserves the right to review information pertaining to file names, sizes, and revision dates expressly and solely for the purpose of confirming the CUSTOMER’s backups are being performed correctly. From time to time, the CUSTOMER may request that BitLeap personnel assist in the backup setup process, the data restoration process or review information in the CUSTOMER’s web-based control panel. This action may expose the identifiable information and perhaps content pertaining to the CUSTOMER’s data and documented verbal or written consent will be required from the CUSTOMER to permit BitLeap personnel to proceed.
III. Equipment Warranty
(A) Customer Purchased Equipment:
All equipment purchased by CUSTOMER from BitLeap will include a standard one year full warranty, which includes any necessary shipping, repair and replacement costs associated with maintaining the equipment in good working order for the purpose of providing BitLeap’s data backup services. This warranty covers damage, failure or manufacturer imperfections that may arise with the equipment due to normal use and does not cover damage or loss caused to equipment through negligence, theft, natural disaster or other events. This warranty only covers the equipment sold by BitLeap to CUSTOMER and should not be interpreted to cover any other devices CUSTOMER may attempt a claim on not sold directly to CUSTOMER by BitLeap. CUSTOMER may choose to extend this warranty coverage to a period of 3 YEARS from the original receipt date by paying an extra 15% of the equipment’s original value to BitLeap within 90-days following the original purchase.
(B) All-inclusive Equipment:
Equipment provided to CUSTOMER under BitLeap’s all-inclusive data backup services, remains the property of BitLeap, LLC. CUSTOMER shall return the equipment to BitLeap in good working order should CUSTOMER decide to discontinue BitLeap’s all-inclusive data backup services. BitLeap will replace or repair the equipment in the event of any service affecting damage, failure, limitations or manufacturer imperfections that may arise with the equipment due to normal use. CUSTOMER will be held liable for any costs associated with damage or loss of equipment provided by BitLeap that arises through negligence, theft, natural disaster or other events.
IV. Equipment Upgrades
(A) Customer Purchased Equipment:
BitLeap will provide trade up credits to CUSTOMER for previously purchased LeapServ backup appliances being returned to BitLeap and replaced with new LeapServs of a larger value while CUSTOMER retains BitLeap’s backup services. During the first year after purchase, the trade up credit will be 90% of the original value. During the second year after purchase, the trade up credit will be 80% of the original value. During the third year after purchase, the trade up credit will be 70% of the original value. CUSTOMER may request custom trade up credits for LeapServ devices over three years old. The price for the upgraded LeapServ will be the absolute value of the prevailing retail rate of the new LeapServ ordered minus the eligible trade up credit for the returned LeapServ.
(B) All-Inclusive Equipment:
Equipment provided to CUSTOMER under BitLeap’s all-inclusive data backup services, remains the property of BitLeap, LLC. BitLeap will replace or upgrade the equipment in the event that it is not sufficient to perform the backup services CUSTOMER has contracted BitLeap to conduct.
By purchasing and utilizing equipment and services from BitLeap, CUSTOMER hereby understands and agrees to the published terms of BitLeap’s Backup Service Agreement available via http://www.bitleap.com and subject to change as they pertain to CUSTOMER's data backup and other BitLeap services.