Server Backup Service Terms of Service

TERMS OF SERVICE FOR
SERVER BACKUP SERVICE

(Updated 12/08/2020)

This Service is subject to and governed by the Customer's separately signed Master Services Agreement (MSA) or Customer Service Agreement (CSA) as applicable, with Consolidated Technology Services (CTS), calling itself Washington Technology Solutions or "WaTech" for short. The reference to WaTech means the same as Consolidated Technology Services. This Agreement is entered into between you and CTS for the provision of CTS' Server Backup Service. For the purposes of this agreement "You" and "Customer" are used interchangeably and mean the entity to which CTS is providing service.

A. Service Description

WaTech offers Server Backup Service to agencies that are part of the Statewide Governmental Network (SGN). This service provides agencies with server data backup without having to purchase and maintain their own system or environments. The service includes client software necessary to backup files, databases, virtual environments and physical systems. The data is encrypted and stored at three geographically dispersed locations;

  • Washington State Datacenter (SDC) backups are kept for the first seven days of desired retention period.
  • Quest Technologies Cloud Connect storage backups are kept for customer's full desired retention period.
  • Quest Technologies Immutable storage - kept for 30 days.

The service is a multi-tenant solution with the ability to securely delegate the backup and recovery responsibilities throughout the agency using role-based access.

B. Availability/Accessibility

WaTech will use best efforts to sustain the service availability 24 hours a day, 7 days a week, 365 days a year (24/7/365) with a Service Level Objective (SLO) of 99.90% annually, excluding scheduled and emergency maintenance.

  1. WaTech will coordinate emergency maintenance with customers on a best-effort basis. WaTech will contact customers as soon as practical once a need for emergency maintenance is recognized.
  2. WaTech shall not be liable for any damages resulting from any service interruptions, downtimes, or any other factor beyond WaTech's control.

The Server Backup service leverages several underlining WaTech services such as Managed Firewall, Network Core, Transport and Connectivity and as such is subject to the specific terms and conditions of these services as provided in the links below:

In addition to the above-mentioned underlining WaTech services, Server Backup service relies on the internet as the transport mechanism out of WaTech's network and to Quest Technologies cloud storage. As such, WaTech cannot provide service level guarantees as performance depends on other factors such as customer equipment, how the internet is performing and Quest Technologies efforts to maintain the quality and integrity of its service.

C. Rates and Charges

  1. Rates and features can be found on the WaTech website: https://watech.wa.gov/solutions/it-services/server-backup
  2. Billing for this service will begin upon implementation of service.
  3. During the month of implementation, if implementation is completed on or before the 15th, the entire month will be billed. If implementation is complete on or after the 16th, billing will begin the following month.
  4. Billing and invoicing will be in accordance with procedures outlined in the above-referenced MSA or CSA and additional terms and conditions listed below.
  5. Customer shall receive an invoice for the month WaTech provided a service pursuant to this TOS. This invoice shall include the quantity of units to be billed and the total amount payable to WaTech. This invoice is payable within 30 days of receipt.
  6. Customer will be charged for any backup data residing in the server backup repository until it expires or is deleted.

D. Termination

  1. Customer may terminate the Server Backup Service by submitting a request in writing via email to support@watech.wa.gov The backup data must be expired or deleted from the backup repository before the Termination of the Service.
  2. The backup client software must be removed from the host server.

E. Responsibilities

  1. WaTech Responsibilities
    1. Change Management
      WaTech technical support staff will be solely responsible for all backup system hardware and associated software installation (excludes client side), configuration changes, and software updates. All changes to the service are managed to promote or provide stability and minimize the impact of the changes to its customers.
    2. Maintenance
      WaTech technical support staff will be solely responsible for all backup system hardware and associated software installation (excludes client side), configuration changes, and software updates. All changes to the service are managed to promote or provide stability and minimize the impact of the changes to its customers.
      1. Scheduled: The Server Backup Service has a regularly scheduled maintenance window. It is the first Wednesday of each month. WaTech will provide two weeks' notice of any scheduled maintenance that will affect availability. The scheduled events will be on the WaTech Change Management Calendar.
      2. Unscheduled or Emergency: On occasion, as directed by WaTech Security or the Office of Cybersecurity, it may become necessary for the service to undergo emergency patch or repair to secure the environment. WaTech will communicate emergency outages and patching to Server Backup customers, but users may receive as little as two to three hours' notice.
    3. Problem Management
      1. WaTech provides automated event-driven problem management through use of monitoring tools.
      2. WaTech provides customer notification of identified events that have or may have an adverse effect on service delivery to customers.
      3. WaTech provides customer notification of system failures and outages.
      4. WaTech provides seamless integration of processes that ensures customer problem resolution satisfaction by tracking, alerting, escalating and solving problems.
      5. The WaTech Support Center (support@watech.wa.gov) is the single point of contact for customer problem reporting, escalation and notification.
    4. Security Management
      WaTech provides a security system infrastructure that reasonably protects WaTech and its customers from unauthorized external access to, or broadcast on, the internet of customer's intellectual property, proprietary and confidential data. WaTech shall ensure the security infrastructure is configured and maintained in compliance with OCIO IT Security Policy and Standards as well as the WaTech Information Technology Service Management Operations Manual Standards and Procedures.
    5. Disaster Recovery
      1. Disaster Recovery (DR) is a plan to recover a specific part of the business after an outage caused by an interruption to the normal conditions of operation. This involves planning to operate the specific part of the business at an alternate location.
      2. In the event of a declared disaster, WaTech will make available the Server Backup system in the Quincy Data Center to facilitate agency restores. Restoration compute infrastructure is not provided with the backup service. If Quincy cloud resources or file storage are available, they will be offered first come-first served until capacity reaches infrastructure limits.
  2. Customer Responsibilities
    1. Password and Security
      1. Customer is responsible for keeping passwords secure.
      2. Customer is solely responsible for any activity that occurs under your usernames and accounts.
    2. Client Software Installation
      1. Customer is responsible for install and setup of client software on the host, virtual or physical servers.
    3. Backup / Restore Monitoring and Report
      1. Customer is responsible for monitoring the success of the backups and restores.

F. Special Terms

Customer understands that WaTech licenses software from third-party providers for the purpose of providing services to its customers. Such software may be accessed by Customer as part of the services provided to the Customer hereunder. Customer agrees that it will not, nor will it allow its agents, employees or its authorized third parties to decompile, disassemble, reverse engineer or otherwise access the source code of any software provided by WaTech.

G. Contact Information

  1. WaTech Contacts
    WaTech Support Center contact information

    Email: support@watech.wa.gov
    Telephone: 360-586-1000 or toll-free 855-WaTech1 (855-928-3241)