Scenario:
IT Supplier maintain a network for a customer, this consists of 1 x SBS 2003 box and a Backup Solution. Customer out grows the back solution, IT supplier informs customer, customer ignores supplier (there to busy), suggests to the IT supplier that only these folders require backing up. IT supplier does as instructed.
The worst happens, server fails, (RAID5, which is another conversation). Server is rebuilt customer wants data that was selected, blames IT company, even thou the IT company has e-mails what was requested.
In this scenario who is ultimately responsible for the data?