Service Schedule For Unitrends Cloud Services With Legal Hold

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Last Revised:  November 15, 2019

This Unitrends Cloud Services Schedule is subject to all terms and conditions of the Unitrends Cloud Services Agreement set forth at www.unitrends.com, as the same may be updated from time to time, and is incorporated by reference therein. All defined terms used herein shall have the meaning accorded to such terms in the Unitrends Cloud Services Agreement.

UNITRENDS CLOUD SERVICES SUMMARY

The Unitrends Cloud Services enables Customer to replicate customer content from the designated on-premises Unitrends appliances to the Unitrends Cloud.

Customer has the option of purchasing the following cloud offerings with an active Recovery Series or Unitrends Backup appliance:

  • Unitrends Forever Cloud
  • Unitrends Forever Cloud with Unlimited DRaaS
  • Unitrends Forever Cloud with Legal Hold
  • Standard DRaaS
  • Elite DRaaS
  • Premium DRaaS
  • No Limits Cloud (Legacy)

Customer must maintain active service levels as required at the initial purchase.

SCOPE OF UNITRENDS CLOUD SERVICES

Terms No Limits Cloud (Legacy) Forever Cloud Forever Cloud
with Legal Hold		 Forever Cloud with Unlimited DRaaS Standard DRaaS Add-On Elite DRaaS Add-on Premium DRaaS
Add-On
Service description Off-site copy of data on local appliance replicated to the Unitrends Cloud. Long-term cloud retention of replicated Customer data in the Unitrends Cloud.

Sold in 500GB increments.

 Long-term cloud retention of replicated Customer data in the Unitrends Cloud along with the ability to request specific data to be retained for up to 5 years.

 

Sold in 500 GB increments.

 Long-term cloud retention of replicated Customer data in the Unitrends Cloud along with unlimited Standard DRaaS services

Sold in 500GB increments.

 Unitrends assisted spin-up of customer VMs 24-hour spin-up SLA for designated VMs along with Recovery Assurance automated DR testing and reporting 1-hour spin-up SLA for designated VMs along with Recovery Assurance automated DR testing and reporting
Retention policy Equal to the local appliance retention settings. Fixed long term retention policy stores one set of daily, weekly, monthly and optionally annual backups of replicated customer content in the Unitrends Cloud, depending on the cloud retention purchased by the Customer Fixed long term retention policy stores a set of daily, weekly, monthly and optionally annual backups of replicated customer data in the Unitrends Cloud, depending on the retention purchased by the Customer. When specific backups are formally designated as “on hold” those backups will not be deleted during the legal hold period, provided the Customer has a current contract with Unitrends. Fixed long term retention policy stores a set of daily, weekly, monthly and optionally annual backups of replicated customer content in the Unitrends Cloud, depending on the cloud retention purchased by the Customer Not applicable Not applicable Not applicable
Disaster Recovery Services Available as an add-on service Available as an add-on service Available as an add-on service This service includes DR spin up of unlimited physical Windows and VMs (VMware, Hyper-V) and adheres to the Standard DRaaS service SLAs This add-on service is purchased per VM This add-on service is purchased per VM and includes a 24-hour DRaaS spin up SLA and Recovery Assurance reporting This add-on service is purchased per VM and includes a 1-hour DRaaS spin up SLA and Recovery Assurance reporting
Term 1, 3 or 5 year subscription term 1, 3 or 5 year subscription term 1, 3 or 5 year subscription term 1, 3 or 5 year subscription term 1, 3 or 5 year subscription term 1, 3 or 5 year subscription term 1, 3 or 5 year subscription term

Unitrends adheres to the following retention policy for all Customer Content that is successfully replicated to the Unitrends Cloud as part of the Unitrends Forever Cloud Retention:

  • All Replications completed in the last 7 days
  • The most recent successful Replication from each of the last:
    • 7 dailies
    • 4 weeklies
    • Monthlies: 3 months, if Customer has purchased 90 days Cloud retention. If customer has purchased 1 year or higher cloud retention, then the most recent successful replication from each of the last 12 months is retained.
    • Yearlies: Number of years purchased by the Customer
  • If a given week, month, or year does not have a single successful Replication point, nothing will be kept for that particular retention period.

LEGAL HOLD SERVICES

Customer has the option to add Legal Hold to specified backups. Legal Hold is sold in 500 GB increments, as a bundled add-on to the Forever Cloud service.

To set up Legal Hold:

  1. Customer contacts Unitrends Support and identifies the backups for Legal Hold.
  2. Customers specifies the time period for the Legal Hold, up to 5 years.
  3. Unitrends Support designates those backups for Legal Hold for the Customer’s specified time period.

To retrieve data from Legal Hold, there are two options:

  1. Customer uses their local Unitrends user interface to search for download the needed files, folders and/or backups
    OR
  2. Customer contacts Unitrends Support and purchases Rapid Export service for the data that needs to be retrieved from the Unitrends Cloud Legal Hold.
    1. Unitrends Cloud Ops exports the data to a Recovery Series appliance and ships to the Customer via expedited shipping.
    2. Customer may keep the Recovery Series appliance for no additional fee.

To cancel or remove Legal Hold:

  1. Customer contacts Unitrends Support and designates the data to be removed from Legal Hold in the Unitrends Cloud.
  2. Support changes the status of the Customer’s designated backups, whereby the data will be held per the Customer’s Forever Cloud retention policy.

Contract Expiration

If the Customer does not renew their Unitrends Cloud contract or lets the contract lapse, data in Legal Hold will be deleted 30 days after the contract expires using standard operating procedures. Unitrends does not have any obligation to retain Customer data or continue Legal Hold once the contract expires.

ONBOARDING SERVICES

Customer will provide an authorized Unitrends technical contact that will act as a single point of contact. Customer will provide all necessary requested information, such as (but not limited to) list of Protected Servers and their hostnames, IP addresses, network configuration, OS version, application functions, and such other information as reasonably requested by Unitrends prior to onboarding.

ASSUMPTIONS AND CUSTOMER RESPONSIBILITIES

Customer acknowledges and agrees to the following assumptions.  If Customer does not comply with the following assumptions, Unitrends may not be able to provide the Services to Customer.  Any failure of Unitrends as a result of Customer’s failure to meet the following assumptions will not be deemed a breach of any implied or express service level agreement between Unitrends and the Customer or a breach of this Service Schedule.

  1. Customer will have an active subscription to the Unitrends Cloud Services.
  2. Customer is responsible for procuring and maintain all required software, hardware and other equipment and all Internet, communication and other services necessary to access and use the Services.
  3. Customer is responsible for implementing a high-quality uplink to the Internet to ensure the availability of the Services to Customer and is responsible for implementing reasonable security and encryption policies and procedures to protect the Customer Content.
  4. Customer will be responsible for any associated third-party licensing fees.
  5. All Customer systems and applications must be able to operate within a virtual environment.
  6. All Customer systems and applications covered under DRaaS must be able to successfully spin up using instant recovery on-premises.
  7. Windows Instant Recovery will be configured with Unitrends’ Incremental Forever Backups.
  8. Additional Hardware specific to the Customer’s operation will not be provided by Unitrends; e.g. Load Balancer, Content filtering appliances and will be the responsibility of Customer.
  9. Customer will have RDP and SSH enabled on protected systems to enable Customer administrators to access them during DR Testing or DR Event.
  10. Customer will enable and configure systems and applications to function with the Cloud Services.
  11. Customer will install VMware Tools on its systems, to enable Customer to use its systems within the Unitrends Cloud.
  12. Customer will install Windows Agent 9.0 or greater for Hyper-V and Windows physical systems.
  13. All systems are limited to the documented support functionality within the Unitrends Cloud Services and/or applicable Unitrends’ software.
  14. Customer will have a valid Unitrends support contract in place for the term of the cloud subscription.

Unitrends Cloud Services Exclusions/Out of Scope Activities

The following are not included in the scope of the Unitrends Cloud Services and are expressly excluded.

  1. Unitrends DRaaS unless separately purchased by Customer.
  2. Unitrends Recovery Assurance unless separately licensed by Customer.
  3. Unitrends is not responsible for ensuring that Customer Content has been successfully replicated to the Unitrends Cloud Services or that Customer is able to access or retrieve its Replicated Customer Content from the Unitrends Cloud Services. Customer shall have sole and exclusive responsibility for the foregoing.