Echo365™

Echo365™ is Digital Boardwalk’s Microsoft 365 backup offering. Echo365™ is designed to reduce the risk of data loss due to accidental deletion, malicious intent, and other common data loss events.

1. Application of Services, Inclusions, and Exclusions

The application of Services, Inclusions, and Exclusions as detailed below is determined by the level of service for Computers and Servers as well as the type of service delivered. See Application of Services for details.

2. Platform Limitations

Due to limitations and restrictions within the Apple macOS operating system, some Services may not be available to macOS devices. To indicate which platforms a Service is applicable to, the following identifying icons will appear next to the Service:

Service is available for Microsoft Windows devices.

Service is available for Apple macOS devices.

3. License

Service Provider delivers backup licenses to Customer for licensed users. Due to the resale structure of the license between the licensing vendor, Service Provider, and Customer, Customer may not have access to all administrative functions of the licensed product. Unless otherwise listed as an included service under 4. Services (Included), all other Services, including technical support for administrative functions to which Customer does not have access, are excluded from this Agreement and excluded from the cost of this Agreement.

4. Services (Included)

Service Provider delivers Services to Customer for users listed as part of this Agreement. To be included as part of this Agreement, Computers and Servers must (i) have Service Provider’s remote monitoring and management (“RMM”) agent installed; and (ii) Computers and Servers must be covered by an active support agreement (e.g. SupportPro™, SupportPlus™, etc.). The following Services are listed as inclusions to this Agreement and are included in the cost of this Agreement:

4.1 Monitoring & Alerting

Service Provider utilizes a monitoring and alerting platform designed to track the status of backup tasks. The monitoring platform queries the backup platform logging systems to generate alerts. Service Provider’s monitoring system is, therefore, limited by the alerting capabilities of the backup platform. Alerts generated by the monitoring system notify Service Provider with real-time alerts that are automatically converted into service tickets.

4.2 Proactive Response

As Service Provider’s monitoring and alerting system generates service tickets for identified issues, Service Provider will leverage an artificial intelligence (“AI”) platform to proactively remedy the system alerts. Service Provider also provides oversight by a team of engineers to proactively respond to system alerts not otherwise remediated by the AI platform. Proactive response is limited to remote delivery during Service Provider’s operating hours and does not include field support or travel to Customer’s business location. See Service Availability for operating hours information.

4.3 Backup Integrity Audits

Service Provider will perform a backup integrity audit of Customer’s protected users once per month. During the backup integrity audit, Service Provider will (a) verify the most recent backup of the users reports successful; and (b) select a random file or subset of files from the most recent backup of the users, restore the file(s) to a temporary location in the protected environment, and verify readability of the file(s). Backup integrity audits are limited to remote delivery during Service Provider’s operating hours and do not include field support or travel to Customer’s business location. See Service Availability for operating hours information.

4.4 Backup Restore Coordination

Upon request by Customer to Service Provider, Service Provider will restore requested Customer data to a temporary location in the protected environment. Customer will then move the restored data to the desired final location. Backup restore coordination is limited to remote delivery during Service Provider’s operating hours and does not include field support or travel to Customer’s business location. See Service Availability for operating hours information.

5. Out of Plan Services (Excluded)

Unless otherwise listed as an included service under 4. Services (Included), all other Services are excluded from this Agreement and excluded from the cost of this Agreement. Service Provider may deliver Out of Plan Services to Customer at rates set forth in Standard Labor Rates. The following is a list of common services excluded, without limitation, from this Agreement, regardless of any statement that the Service is included in the cost of the Agreement:

5.1 Protected Content Rebuild

Where the functionality of the protected device, user, platform, or other content cannot be restored through the native restore capabilities of the Service, Service Provider will manually rebuild the device, user, platform, or content as required. Protected content rebuild is limited to remote delivery during Service Provider’s operating hours and does not include field support or travel to Customer’s business location. See Service Availability for operating hours information.

5.2 Cyber-Attack Remediation

In the event of a Customer Cyber-Attack, Service Provider will work with Customer’s cyber liability insurance provider (the “Insurance Provider“), upon request by Insurance Provider to Service Provider, to remediate the Cyber-Attack.

6. Third Party Products

Service Provider provides products or services from third parties in connection with the aforementioned Services. The following is a list of third parties used in connection with the Services and their respective terms and conditions to which Customer accepts and agrees:

OR
If Customer is not sure which product they are using in connection with the Services, Service Provider will verify and inform Customer within two (2) business days of Customer’s request to Service Provider for such information.

7. Customer Responsibilities

Customer is responsible for providing to Service Provider a complete list of file locations, folder locations, devices, or any other locations where Customer data is stored that Customer wishes to be protected by the Service. Customer is also responsible for updating Service Provider of any changes to Customer data locations, including new Customer Data locations.

8. Service Term

The initial term of this Service begins upon Service Provider’s activation of the Service (the “Service Activation Date“). Unless specified otherwise on the Quote, this Service is effective for a term of twelve (12) months from the Service Activation Date, or the term duration of the Agreement, whichever term is greater (the “Service Term“). Thereafter, unless terminated in accordance with the terms of this Agreement, this Service will automatically renew on the expiration of each Service Term for an additional Service Term.

Changelog

Date Previous Language New Language
06/22/2022
–
[Original Publishing]
07/21/2022
6. Third Party Products

… Datto: https://www.datto.com/legal/datto-business-management-services-terms-of-use
6. Third Party Products

… Datto: https://www.datto.com/legal/datto-business-management-services-terms-of-use

OR

Axcient: https://axcient.com/master-terms-of-service/

If Customer is not sure which product they are using in connection with the Services, Service Provider will verify and inform Customer within two (2) business days of Customer’s request to Service Provider for such information.
08/25/2025
–
Corrected the Standard Labor Rates hyperlink under 5. Out of Plan Services (Excluded)