Storage Vendor Contracts
I’m asking for some advice from you former list-servers!
Could any of you give me and idea of what you are seeing or receiving in storage vendor contracts related to disclaimers of consequential damages and limitations of liability. Not necessary to know specifics, just a sense of the language included in your contracts and the levels they/youare willing to include, exclude or accept.
Hi Anne! A complex question...this isn't legal advice, so I'll do my best to give you my take.
There should be an excess valuation per unit. If the base unit isn't enough for replacement of a unit you can declare more. You may also have vital records insurance or document insurance with your policy that may help.
I have seen language where vendor may not accept responsibility for loss information if they don't know what is in the box. If they know what is in the box (PII, PHI, sensitive info), they may still not want the responsibility unless the boxes are sealed.
The other area is cyber liability or privacy insurance coverage. Ask to be named insured on their policies and make sure their policies would cover losses in the event of a breach. No there is no such thing as an infinity insurance coverage plan (to my knowledge) and a good vendor won't risk losing their business with onerous loss or insurance requests.
Andrew Ysasi, MS