1. Scope

1.1 These Disaster Recovery Specific Terms apply to the disaster recovery service that ON DIVERSITY CLOUD EUROPE, S.L. ("DIVERSITY") provides under an Order Form.

1.2 These Specific Terms supplement the General Terms (/general-terms/) and the Acceptable Use Policy (/acceptable-use-policy/), whose Section 3.5 applies to the BGP sessions used by this service. They do not repeat what those documents settle. In particular, fees, invoicing and late payment (General Terms, Section 7), suspension (Section 8), personal data (Section 9 and the DPA), confidentiality (Section 10), liability (Section 14), notices (Section 18), and governing law and courts (Section 23) apply as written there.

1.3 Where these Specific Terms depart from the General Terms, they say so and prevail, as Section 3.2 of the General Terms provides. Capitalised terms not defined here have the meaning given in the General Terms.

2. Definitions

  • "Protected System": a system that the Order Form names for protection.
  • "Ready Copy": the most recent copy of a virtual machine of a Protected System, kept ready to start in DIVERSITY's hypervisors.
  • "Locked Backup": a backup that is locked for a period the Customer sets, so that it cannot be changed or deleted before that period ends.
  • "Recovery Site": the site where Ready Copies and Locked Backups are kept, chosen by the Customer.
  • "RTO" and "RPO": the recovery time objective and recovery point objective of a Protected System.
  • "Runbook": the written recovery procedure for the Protected Systems.
  • "Recovery Test": a test of the Runbook, run as described in Section 3.5.

3. Description of the service

3.1 Ready Copies. DIVERSITY keeps a Ready Copy of each virtual machine the Customer chooses, refreshed on the schedule in the Order Form. A Ready Copy is the latest copy only, not a history: each refresh replaces the previous copy.

3.2 Locked Backups. DIVERSITY keeps backups in a second data centre, locked for the period the Customer sets. Backups reach back only as far as their schedule keeps them.

3.3 Recovery objectives. The RTO and RPO of each Protected System are agreed in the Order Form. Replication between DIVERSITY's sites is asynchronous, so data written after the latest copy may not be recovered.

3.4 Runbook. DIVERSITY and the Customer keep a written Runbook, which states who decides to start a recovery. Whether a recovery starts automatically or on the Customer's decision, and who carries out each step, are set in the Order Form.

3.5 Recovery Tests. Recovery Tests are run side by side with production, at the frequency in the Order Form, and DIVERSITY gives the Customer a written report of each.

3.6 Evidence. DIVERSITY provides the Customer with evidence of the service and its Recovery Tests for the Customer's auditors.

3.7 Maintenance. DIVERSITY maintains the service. Maintenance means exactly three things: watching replication and alerting when a copy falls behind, running the Recovery Tests, and keeping the Runbook current.

3.8 Addresses. DIVERSITY can announce the Customer's IP addresses from two of its sites over BGP, from DIVERSITY's autonomous system, from the Customer's own, or both. DIVERSITY is not a member of the RIPE NCC and cannot register address space or an autonomous system number for the Customer.

3.9 Capacity. DIVERSITY reserves at the Recovery Site the capacity stated in the Order Form.

3.10 Sources. The Recovery Site can serve workloads that run on DIVERSITY's own services, on AWS, Azure or Google Cloud, or on VMware.

3.11 Customer data centre. The Customer's own data centre can be either the primary site or the recovery site, connected to DIVERSITY only over Private Link (/contracts/private-link/).

4. Service levels and support

4.1 The 99.9% availability commitment (General Terms, Section 5.2) applies to this service as a product: it measures whether the service is available. It is not a commitment on recovery. Recovery is governed by the RTO, the RPO and the Runbook.

4.2 Recovery steps that DIVERSITY carries out are carried out within the hours set in the Order Form.

4.3 Support is provided under the Support Specific Terms (/contracts/support/).

5. The Customer's obligations

5.1 The Customer must tell DIVERSITY which systems to protect, keep the contacts and decision-makers in the Runbook up to date, take part in the Recovery Tests, and tell DIVERSITY of changes to its systems that affect the Runbook.

5.2 The Customer is responsible for the licences of the software in its Ready Copies and Locked Backups, including for their use at the Recovery Site.

5.3 Where the Customer's addresses are announced over BGP, Section 3.5 of the Acceptable Use Policy applies.

6. Data, backups and location

6.1 Ready Copies and Locked Backups are kept in the DIVERSITY sites the Customer chooses, as stated in the Order Form (General Terms, Section 9.4).

6.2 Disaster recovery copies are encrypted in transit and at rest (Data Act page, /data-act/, Section 5.3).

6.3 This service is a backup and disaster recovery service under Section 13 of the General Terms for the Protected Systems only.

7. Regulated customers

The contractual provisions that Regulation (EU) 2022/2554 (DORA) requires for a financial entity, including rights of audit, access and inspection, are set out in the Order Form or its addendum (General Terms, Section 3.3).

8. Term and billing

8.1 The term of the service is stated in the Order Form. Section 16 of the General Terms applies unless the Order Form provides otherwise.

8.2 The service is billed as the Order Form sets out. Prices appear only in the Order Form.

9. End of service

9.1 What happens to Ready Copies and Locked Backups at the end of the Agreement is set out in the Order Form.

9.2 A Locked Backup cannot be deleted before its lock period ends, even if the Agreement ends first. The Customer chooses the lock period, and that choice is its documented instruction to DIVERSITY under the DPA, including for the time after the Agreement ends. From the end of the Agreement until the lock period ends, its storage is billed at the standard rate. DIVERSITY then deletes it.

10. Exclusions

The service does not include:

(a) recovery points from before a problem, for a Ready Copy;

(b) self-service test failover;

(c) a failover carried out at any hour;

(d) failback to the primary site;

(e) backup of Microsoft 365 or other SaaS applications;

(f) any maintenance beyond the three tasks in Section 3.7.