Services Guide
This Services Guide contains provisions that define, clarify, and govern
the scope of the services described in the quote that has been provided
to you (the “Quote”), as well as the policies and procedures that we
follow (and to which you agree) when we provide a service to you or
facilitate a service for you. If you do not agree with the terms of this
Services Guide, you should not sign the Quote and you must contact us
for more information.
This Services Guide is our “owner’s manual” that generally describes all
managed services provided or facilitated by Atlantec, LLC (“Atlantec,”
“we,” “us,” or “our”); however, only those services specifically described
in the Quote will be facilitated and/or provided to you (collectively, the
“Services”).
This Services Guide is governed under our Master Services Agreement
(“MSA”). You may locate our MSA through the link in your Quote or, if
you want, we will send you a copy of the MSA by email upon request.
Capitalized terms in this Services Guide will have the same meaning as
the capitalized terms in the MSA, unless otherwise indicated below.
Activities or items that are not specifically described in the Quote will
be out of scope and will not be included unless otherwise agreed to by
us in writing.
This Services Guide contains important provisions pertaining to the
auto-renewal of the Services in the Quote, as well as fee increases that
may occur from time-to-time. Please read this Services Guide carefully
and keep a copy for your records.
Initial Audit / Diagnostic Services
In the Initial Audit/Diagnostic phase of our services, we audit your
managed information technology environment (the “Environment”) to
determine the readiness for, and compatibility with, ongoing managed
services. Our auditing services may be comprised of some or all of the
following:
• Audit to determine general Environment readiness and functional
capability
• Review of hardware and software configurations
• Review of current vendor service / warranty agreements for
Environment hardware and software
• Basic security vulnerability check
• Basic backup and file recovery solution audit
• Speed test and ISP audit
• Print output audit
• Office telephone vendor service audit
• Asset inventory
• Email and website hosting audit
• IT support process audit
If deficiencies are discovered during the auditing process (such as
outdated equipment or unlicensed software), we will bring those issues
to your attention and discuss the impact of the deficiencies on our
provision of the Services and provide you with options to correct the
deficiencies. Please note, unless otherwise expressly agreed by us in
writing, auditing services do not include the remediation of any issues,
errors, or deficiencies (“Issues”), and we cannot guarantee that all
Issues will be detected during the auditing process. Issues that are
discovered in the Environment after the auditing process is completed
may be addressed in one or more subsequent quotes.
Onboarding Services
In the Onboarding phase of our services, we will prepare your IT
environment for the monthly managed services described in the Quote.
During this phase, we will work with your Authorized Contact(s) to review
the information we need to prepare the targeted environment, and we
may also:
• Uninstall any monitoring tools or other software installed by
previous IT service providers.
• Compile a full inventory of all protected servers, workstations,
and laptops.
• Uninstall any previous endpoint protection and install our
managed security solutions (as indicated in the Quote).
• Install remote support access agents (i.e., software agents) on
each managed device to enable remote support.
• Configure Windows® and application patch management
agent(s) and check for missing security updates.
• Uninstall unsafe applications or applications that are no longer
necessary.
• Optimize device performance including disk cleanup and
endpoint protection scans.
• Review firewall configuration and other network infrastructure
devices.
• Review status of battery backup protection on all mission critical
devices.
• Stabilize network and assure that all devices can securely access
the file server.
• Review and document current server configuration and status.
• Determine existing business continuity strategy and status;
prepare backup file recovery and incident response option for
consideration.
• Review password policies and update user and device passwords.
• As applicable, make recommendations for changes that should
be considered to the managed environment.
This list is subject to change if we determine, at our discretion, that
different or additional onboarding activities are required.
If deficiencies are discovered during the onboarding process, we will
bring those issues to your attention and discuss the impact of the
deficiencies on our provision of our monthly managed services. Please
note, unless otherwise expressly stated in the Quote, onboarding-
related services do not include the remediation of any issues, errors, or
deficiencies (“Issues”), and we cannot guarantee that all Issues will be
detected during the onboarding process.
The duration of the onboarding process depends on many factors, many
of which may be outside of our control—such as product
availability/shortages, required third party vendor input, etc. As such, we
can estimate, but cannot guarantee, the timing and duration of the
onboarding process. We will keep you updated as the onboarding
process progresses.
Ongoing / Recurring Services
Ongoing/recurring services are services that are provided to you or
facilitated for you on an ongoing basis and, unless otherwise indicated in
a Quote, are billed to you monthly. Some ongoing/recurring services will
begin with the commencement of onboarding services; others will begin
when the onboarding process is completed. Please direct any questions
about start or “go live” dates to your account manager.
Managed Services
SERVICES GENERAL DESCRIPTION
Implementation and facilitation of a backup and file recovery solution
Backup and File from our designated Third Party Provider.
Recovery • 24/7 monitoring of backup system, including offsite backup,
offsite replication, and an onsite backup appliance (“Backup
Appliance”).
• Troubleshooting and remediation of failed backup disks.
• Preventive maintenance and management of imaging software.
• Firmware and software updates of backup appliance.
• Problem analysis by the network operations team.
• Monitoring of backup successes and failures.
• Daily recovery verification.
Backup Data Security: All backed up data is encrypted in transit and at
rest in 256-bit AES encryption. All facilities housing backed up data
implement physical security controls and logs, including security
cameras, and have multiple internet connections with failover
capabilities.
Backup Retention: Backed up data will be retained for the following
periods:
• Monthly backups: rolling six (6) month basis
• Weekly backups: rolling four (4) week basis
• Daily backups: rolling seven (7) day basis
Backup Alerts: Managed servers will be configured to inform of any
backup failures.
Recovery of Data: If you need to recover any of your backed up data,
then the following procedures will apply:
• Service Hours: Backed up data can be requested during our
normal business hours, which are currently Monday thru
Friday 8:00 AM to 5:00 PM.
• Request Method. Requests to restore backed up data should
be made through one of the following methods:
o Email: support@atlantec.biz
o Web portal: https://www.atlantec.biz/contact/
o Telephone: 207-347-3500, Option 1
• Restoration Time: We will endeavor to restore backed up
data as quickly as possible following our receipt of a request
to do so; however, in all cases data restoration services are
subject to (i) technician availability and (ii) confirmation that
the restoration point(s) is/are available to receive the backed
up data.
Backup Implementation and facilitation of a backup monitoring solution from
our designated Third Party Provider. Features include:
Monitoring
• Monitoring backup status for certain backup applications then-
installed in the managed environment, such as successful
completion of backup, failure errors, and destination free space
restrictions/limitations.
• Helping ensure adequate access to Client’s data on the event of
loss of data or disruption of certain existing backup applications.
Note: Backup monitoring is limited to monitoring activities only and is
not a backup and file recovery solution.
Block of Hours If you purchase one or more blocks of technical support or
/ Allocated consulting hours from Atlantec, then we will provide our
professional information technology consulting services to you
Consulting from time to time on an ongoing, “on demand” basis (“Services”).
Hours
The specific scope, timing, term, and pricing of the Services
(collectively, “Specifications”) will be determined between you and
us at the time that you request the Services from us.
You and we may finalize the Specifications (i) by exchanging emails
confirming the relevant terms, or (ii) by you agreeing to an invoice,
purchase order, or similar document we send to you that describes
the Specifications (an “Invoice”), or in some cases, (iii) by us
performing the Services or delivering the applicable deliverables in
conformity with the Specifications.
If we provide you with an email or an Invoice that contains details
or terms for the Services that are different than the terms of the
Quote, then the terms of the email or Invoice (as applicable) will
control for those Services only.
A Service will be deemed completed upon our final delivery of the
applicable portions of Specifications unless a different completion
milestone is expressly agreed upon in the Specifications (“Service
Completion”). (For example, sales of hardware will be deemed
completed when the hardware is delivered to you; licensing will be
completed when the licenses are provided to you, etc.) Any defects
or deviations from the Specifications must be pointed out to us, in
writing, within ten (10) days after the date of Service Completion.
After that time, any issues or remedial activities related to the
Services will be billed to you at our then-current hourly rates.
Unless we agree otherwise in writing, Services will be provided only
during our normal business hours, which are currently 9 – 6 PM
Eastern Time. Services provided outside of our normal business
hours are subject to increased fees and technician availability and
require your and our mutual consent to implement.
The priority given to implementing the Services will be determined
at our reasonable discretion, considering any milestones or
deadlines expressly agreed upon in an invoice or email from
Atlantec. If no specific milestone or deadline is agreed upon, then
the Services will be performed in accordance with your needs, the
specific requirements of the job(s), and technician availability.
Dark Web Implementation and facilitation of a Dark Web Monitoring solution
Monitoring from our designated Third Party Provider.
Credentials supplied by Client will be added into a system that
continuously uses human and machine-powered monitoring to
determine if the supplied credentials are located on the dark web.
If compromised credentials are found, they are reported to Help Desk
Services staff who will review the incident and notify affected end-
users.
Dark web monitoring can be a highly effective tool to reduce the risk
of certain types of cybercrime; however, we do not guarantee that the
dark web monitoring service will detect all actual or potential uses of
your designated credentials or information.
Email Threat Implementation and facilitation of a trusted email threat protection
Protection solution from our designated Third Party Provider.
• Managed email protection from phishing, business email
compromise (BEC), SPAM, and email-based malware.
• Friendly Name filters to protect against social engineering
impersonation attacks on managed devices.
• Protection against social engineering attacks like whaling, CEO
fraud, business email compromise or W-2 fraud.
• Protects against newly registered and newly observed domains to
catch the first email from a newly registered domain.
• Protects against display name spoofing.
• Protects against “looks like” and “sounds like” versions of domain
names.
Please see Anti-Virus; Anti-Malware and Breach / Cyber Security Incident
Recovery sections below for important details.
All hosted email is subject to the terms of our Hosted Email Policy and our
Acceptable Use Policy.
Endpoint Implementation and facilitation of an endpoint malware protection
Antivirus & solution from our designated Third Party Provider.
Malware • Artificial intelligence and machine learning to provide a
Protection comprehensive and adaptive protection paradigm to managed
endpoints.
• Detection of unauthorized behaviors of users, applications, or
network servers.
• Blocking of suspicious actions before execution.
• Analyzing suspicious app activity in isolated sandboxes.
• Antivirus and malware protection for managed devices such as
laptops, desktops, and servers.
• Protection against file-based and fileless scripts, as well as
malicious JavaScript, VBScript, PowerShell, macros and more.
• Whitelisting for legitimate scripts.
• Blocking of unwanted web content.
• Detection of advanced phishing attacks.
• Detection / prevention of content from IP addresses with low
reputation.
* Please see Anti-Virus; Anti-Malware and Breach / Cyber Security
Incident Recovery sections below for important details.
Extended Implementation and facilitation of an endpoint malware protection
Detection & solution with extended functionalities from our designated Third Party
Provider.
Response
(XDR) • Automated correlation of data across multiple security
layers*—email, endpoint, server, cloud workload, and the
managed network, enabling faster threat detection.
• Provides extended malware sweeping, hunting, and
investigation.
• Allows whitelisting for legitimate scripts.
• Next-generation deep learning malware detection, file
scanning, and live protection for workstation operating
system.
• Web access security and control, application security and
control, intrusion prevention system.
• Data loss prevention, exploit prevention, malicious traffic
detection, disk and boot record protection.
• Managed detection, root cause analysis, deep learning
malware analysis, and live response.
• On-demand endpoint isolation, advanced threat intelligence,
and forensic data export.
* Requires at least two layers (e.g., endpoint, email, network,
servers, and/or cloud workload.)
Please see Anti-Virus; Anti-Malware and Breach / Cyber Security Incident
Recovery sections below for important details.
End User Implementation and facilitation of a security awareness training
Security solution from an industry-leading third party solution provider.
Awareness • Online, on-demand training videos (multi-lingual).
Training • Online, on-demand quizzes to verify employee retention of
training content.
• Baseline testing to assess the phish-prone percentage of users;
simulated phishing email campaigns designed to educate
employees about security threats.
Please see Anti-Virus; Anti-Malware and Breach / Cyber Security Incident
Recovery sections below for important details.
Firewall as a • Provide a firewall configured for your organization’s specific
Service bandwidth, remote access, and user needs.
(firewall appliance • Helps to prevent hackers from accessing internal network(s) from
provided by outside the network(s), while providing secure and encrypted
Atlantec) remote network access; provides antivirus scanning for all traffic
entering and leaving the managed network; provides website
content filtering functionality.
• Firewall appliance is subject to “Hardware as a Service” terms and
conditions located in this Guide.
• Firewall appliance must be returned to Atlantec upon the
termination of service. Client will be responsible for missing or
damaged (normal wear and tear excepted) appliance.
Firewall • Monitors, updates (software/firmware), and supports Client-
Solution supplied firewall appliance.
(firewall appliance • Helps to prevent hackers from accessing internal network(s) from
provided / outside the network(s), while providing secure and encrypted
purchased by Client) remote network access; provides antivirus scanning for all traffic
entering and leaving the managed network; provides website
content filtering functionality.
Hardware as a The provisions and descriptions below apply to all hardware, devices,
Service (HaaS) and accessories that are provided to you on a “hardware as a service”
basis.
• Scope. Provision and deployment of hardware and devices listed
in the Quote or other applicable schedule (“HaaS Equipment”).
• Deployment. We will deploy the HaaS Equipment within the
timeframe stated in the Quote, provided that you promptly
provide all information that we reasonably request from you to
complete deployment. This deployment guaranty does not apply
to any software, other managed services, or hardware devices
other than the HaaS Equipment. In addition, this deployment time
frame may be extended as necessary to accommodate delays that
are outside of our reasonable control, such as embargoes, labor
or supply chain shortages, or other force majeure events.
• Delayed Deployment. If you wish to delay the deployment of the
HaaS Equipment, then you may do so if you give us written notice
of your election to delay no later than five (5) days following the
date you sign the Quote. Deployment shall not extend beyond
two (2) months following the date on which you sign the Quote.
You will be charged at the rate of fifty percent (50%) of the
monthly recurring fees for the HaaS-related services during the
period of delay. Following deployment, we will charge you the full
monthly recurring fee (plus other usage fees as applicable) for the
full term indicated in the Quote.
• Repair/replacement of HaaS Equipment. Atlantec will endeavor to
repair or replace HaaS Equipment within five (5) business days
following the business day on which the applicable problem is
identified by, or reported to, Atlantec and has been determined
by Atlantec to be incapable of being remediated remotely.
This warranty does not include the time required to rebuild your
system, such as the time required to configure a replacement
device, rebuild a RAID array, reload the operating system, reload
and configure applications, and/or restore from backup (if
necessary).
• Technical Support for HaaS Equipment. We will provide technical
support for HaaS Equipment in accordance with the Service Levels
listed in this Services Guide.
• Usage. You will use all HaaS Equipment for your internal business
purposes only. You shall not sublease, sublicense, rent or
otherwise make the HaaS Equipment available to any third party
without our prior written consent. You agree to refrain from using
the HaaS Equipment in a manner that unreasonably or materially
interferes with our other hosted equipment or hardware, or in a
manner that disrupts or that is likely to disrupt the services that
we provide to our other clientele. We reserve the right to throttle
or suspend your access and/or use of the HaaS Equipment if we
believe, in our sole but reasonable judgment, that your use of the
HaaS Equipment violates the terms of the Quote, this Services
Guide, or the Agreement.
• Return of HaaS Equipment. Unless we expressly direct you to do
so, you shall not remove or disable, or attempt to remove or
disable, any software agents installed in the HaaS Equipment.
Doing so could result in network vulnerabilities and/or the
continuation of license fees for the software agents for which
you will be responsible, and/or the requirement that we
remediate the situation at our then-current hourly rates, for
which you will also be responsible. Within ten (10) days after the
termination of HaaS-related Services, Client will provide Atlantec
access to the premises at which the HaaS Equipment is located so
that all such equipment may be retrieved and removed by us. If
you fail to provide us with timely access to the HaaS Equipment or
if the equipment is returned damaged (normal wear and tear
excepted), then we will have the right to charge you, and you
hereby agree to pay, the replacement value of all such unreturned
or damaged equipment.
Infrastructure The following provisions apply to all hosted environments provided to
as a Service Client under a Infrastructure as a Service (or IaaS) paradigm:
[need to discuss with client the scope of these services]
Managed Implementation and facilitation of a top-tier MDR solution from our
Detection & designated Third Party Provider.
Response • 24x7 Managed network detection and response.
(MDR) • Real time and continuous (24x7) monitoring and threat hunting.
• Real time threat response.
• Alerts handled in accordance with our Service response times,
below.
• Security reports, such as privileged activities, security events, and
network reports, are available upon request.
• 24x7x365 access to a security team for incident response*
* Remediation services provided on a time and materials basis. Please see
Anti-Virus; Anti-Malware and Breach / Cyber Security Incident Recovery
sections below for important details.
Perform a cybersecurity assessment under NIST CSF using the NIST Risk
NIST Risk Management Framework & NIST 800-53.
Assessment • Identifies how Client currently assesses, mitigates, and tracks
its cybersecurity requirements.
• Identifies authorized and unauthorized devices in the
managed network.
• Identifies gaps or deficiencies in the Client’s operations that
would prevent compliance under NIST CSF.
The assessment will cover the following five core areas of the NIST
framework:
The results of the assessment will be provided in a report that will
identify detected risks and your organization’s current maturity levels
(i.e., indicators that represent the level of capabilities within your
organization’s security program) and will propose actionable activities
to help increase relevant maturity levels and augment your
organization’s security posture.
Please Note: This service is limited to an assessment/audit
only. Remediation of issues discovered during the assessment,
as well as additional solutions required to bring your managed
environment into compliance, are not part of this service.
After the audit is complete, we will discuss the results with you
to determine what steps, if any, are needed to bring your
organization into full compliance.
Implementation and facilitation of a password management protection
Password solution from our designated Third Party Provider.
Manager
• Password Vault: Securely store and organize passwords in a
secure digital location accessed through your browser or an app.
• Password Generation: Generate secure passwords with editable
options to meet specific criteria.
• Financial Information Vault: Securely store and organize financial
information such as bank accounts and credit card information in
a secure digital location accessed through your browser or an
app.
• Contact Information Vault: Store private addresses and personal
contact information within your vault accessed through your
browser or an app.
• Browser App: Browser extension permits easy access to your
information including the vaults, financial information, contact
information, and single sign-on through the app.
• Smart-Phone App: Mobile phone app enables access to your
vault and stored information on your mobile device.
Penetration Penetration testing (or “pen” testing) simulates a cyberattack against
your IT infrastructure to identify exploitable vulnerabilities. Unlike
(Pen) Testing ongoing vulnerability scanning services that provide a constant, static
level of network scanning, pen testing may involve several stages of
reconnaissance and actual attack methodologies (such as brute force
attacks and/or SQL injection attacks) and may include unconventional
and targeted attacks that occur during business and non-business
hours. Pen testing may consist of any of the following:
External Pen Testing: exposes vulnerabilities in your internet-facing
systems, networks, firewalls, devices, and/or web applications that
could lead to unauthorized access.
Internal Pen Testing: Validates the effort required for an attacker to
overcome and exploit your internal security infrastructure after access
is gained.
PCI Pen Testing: Using the goals set by the PCI Security Standards
Council, this test involves both external and internal pen testing
methodologies.
Web App Pen Testing: Application security testing using attempted
infiltration through a website or web application utilizing PTES and
the OWASP standard testing checklist.
Please see additional terms for Penetration Testing below.
Remote • Remote support provided during normal business hours for
Helpdesk managed devices and covered software
• Tiered-level support provides a smooth escalation process and
helps to ensure effective solutions.
Remote • Configuration, monitoring, and preventative maintenance services
Infrastructure provided for the managed IT infrastructure.
Maintenance & • If remote efforts are unsuccessful, then Atlantec will dispatch a
technician to the Client’s premises to resolve covered incidents
Support (timing of onsite support is subject to technician availability and
scheduling).
Please Note: Onsite services are included for customers in the state of
Maine only. Onsite services for customers outside of the state of
Maine will be provided on a case-by-case basis and will be subject to
additional fees and costs, including all reasonable travel and lodging
costs (to be pre-approved by Customer).
Remote Software agents installed in Covered Equipment (defined below)
Monitoring and report status and IT-related events on a 24x7 basis; alerts are
generated and responded to in accordance with the Service Levels
Management described below.
• Includes capacity monitoring, alerting us to severely decreased
or low disk capacity (covers standard fixed HDD partitions, not
external devices such as USB or mapped drives)
• Includes routine operating system inspection and cleansing to
help ensure that disk space is increased before space-related
issues occur.
• Review and installation of updates and patches for supported
software.
In addition to the above, our remote monitoring and management
service will be provided as follows:
Event Server Workstation
Hardware Failures Yes No
Device Offline Yes No
Failed/Missing Backup Yes No
Failed/Missing Updates Yes Yes
Low Disk Space Yes No
Agent Yes Yes
missing/misconfigured
Excessive Uptime Yes No
Automatic Reboots No Yes
(weekly)
Security Implementation and facilitation of an industry leading SIEM solution
from our designated Third Party Provider.
Incident &
Event The SIEM service utilizes threat intelligence to detect threats that
can exploit potential vulnerabilities against your managed network.
Monitoring
➢ Initial Assessment. Prior to implementing the SIEM service, we
(SIEM) will perform an initial assessment of the managed network at
your premises to define the scope of the devices/network to be
monitored (the “Initial Assessment”).
➢ Monitoring. The SIEM service detects threats from external
facing attacks as well as potential insider threats and attacks
occurring inside the monitored network. Threats are correlated
against known baselines to determine the severity of the attack.
• Alerts & Analysis. Threats are reviewed and analyzed by third-
party human analysts to determine true/false positive
dispositions and actionability. If it is determined that the threat
was generated from an actual security-related or operationally
deviating event (an “Event”), then you will be notified of that
Event.
Events are triggered when conditions on the monitored system
meet or exceed predefined criteria (the “Criteria”). Since the
Criteria are established and optimized over time, the first thirty
(30) days after deployment of the SIEM services will be used to
identify a baseline of the Client’s environment and user
behavior. During this initial thirty (30) day period, Client may
experience some “false positives” or, alternatively, during this
period not all anomalous activities may be detected.
Note: The SIEM service is a monitoring and alert-based system only;
remediation of detected or actual threats are not within the scope of
this service and may require Client to retain Atlantec’s services on a
time and materials basis.
Server As part of our RMM service, we will monitor and maintain managed
Monitoring & servers as follows:
Maintenance • Software agents installed in covered servers report status and IT-
related events on a 24x7 basis; alerts are generated and
responded to in accordance with the Service Levels described
below.
• Online status monitoring, alerting us to potential failures or
outages
• Capacity monitoring, alerting us to severely decreased or low disk
capacity (covers standard fixed HDD and SSD partitions, not
external devices such as USB or mapped network drives)
• Performance monitoring, alerting us to unusual processor or
memory usage
• Server essential service monitoring, alerting us to server role-
based service failures
• Endpoint protection agent monitoring, alerting us to potential
security vulnerabilities
• Routine operating system inspection and cleansing
• Secure remote connectivity to the server and collaborative screen
sharing
• Review and installation of updates and patches for Windows and
supported software
• Asset inventory and server information collection
Two Factor Implementation and facilitation of a two factor authentication solution
from our designated Third Party Provider.
Authentication
• Advanced two factor authentication with advanced admin
features.
• Secures on-premises and cloud-based applications.
• Permits custom access policies based on role, device, location.
• Identifies and verifies device health to detect “risky” devices
Server Next- Implementation and facilitation of a top-tier, next generation antivirus
Generation protection solution from our designated Third Party Provider.
Antivirus Software agents installed in covered server devices protect against
malware and prevents intruder access. Used in coordination with other
endpoint security layers and security solutions to form a
comprehensive defense strategy.
• Next-generation deep learning malware detection, file scanning,
and live protection for Server OS
• Web access security and control, application security and control,
intrusion prevention system
• Data loss prevention, exploit prevention, malicious traffic
detection, disk and boot record protection
Software All software provided to you by or through Atlantec is licensed, not
sold, to you (“Software”). In addition to any Software-related
Licensing
requirements described in Atlantec’s Master Services Agreement,
(applies to all Software may also be subject to end user license agreements (EULAs),
software licensed
by or through acceptable use policies (AUPs), and other restrictions all of which must
Atlantec) be strictly followed by you and any of your authorized users.
When installing/implementing software licenses in the managed
environment or as part of the Services, we may accept (and you agree
that we may accept) any required EULAs or AUPs on your behalf. You
should assume that all Software has an applicable EULA and/or AUP
to which your authorized users and you must adhere. If you have any
questions or require a copy of the EULA or AUP, please contact us.
Updates & • Remotely deploy updates (e.g., x.1 to x.2), as well as bug fixes,
Patching minor enhancements, and security updates as deemed necessary
on all managed hardware.
• Perform minor hardware and software installations and upgrades
of managed hardware.
• Perform minor installations (i.e., tasks that can be performed
remotely and typically take less than thirty (30) minutes to
complete).
• Deploy, manage, and monitor the installation of approved service
packs, security updates and firmware updates as deemed
necessary on all applicable managed hardware.
Please note: We will keep all managed hardware and managed
software current with critical patches and updates (“Patches”) as those
Patches are released generally by the applicable manufacturers.
Patches are developed by third party vendors and, on rare occasions,
may make the Environment, or portions of the Environment, unstable
or cause the managed equipment or software to fail to function
properly even when the Patches are installed correctly. We will not be
responsible for any downtime or losses arising from or related to the
installation or use of any Patch. We reserve the right, but not the
obligation, to refrain from installing a Patch if we are aware of technical
problems caused by a Patch, or we believe that a Patch may render the
Environment, or any portion of the Environment, unstable.
Virtual Chief Act as the main point of contact for certain business-related IT issues
Information and concerns.
• Assist in creation of information/data-related plans and
Officer (vCIO) budgets.
• Provide strategic guidance and consultation across different
technologies.
• Create company-specific best standards and practices.
• Provide education and recommendations for business
technologies.
• Participate in scheduled meetings to maintain goals.
• Maintain technology documentation.
• Assess and make recommendations for improving
technology usage and services.
Implementation and facilitation of an industry-recognized VoIP
Voice Over IP solution from our designated Third Party Provider. Features include:
(VoIP) Services
• Scalable VoIP-based telephone service with call transferring,
voicemail, caller ID, call hold, conference calling, and call
waiting functionalities.
• Central control panel provides access to VoIP-related
configurations, including physical address registration, call
routing, updating greetings, and ability to turn on/off service
features.
• Ability to use mobile app dialing
Important: There are additional terms related to the VoIP service,
including your use of E911 features, toward the end of this Services
Guide. Please read them carefully. You may be required to sign an
additional consent form indicating your understanding and acceptance
of the limitations of 911 dialing using the VoIP services.
Vulnerability Implementation and facilitation of an industry-recognized vulnerability
Scanning scanning solution from our designated Third Party Provider.
Vulnerability scanning identifies holes in the managed network that
could be exploited. External vulnerability scans (which pertain to the IP
address assigned to each customer location through the Client’s ISP)
are run monthly. Internal vulnerability scans (which pertain to all
systems inside the managed network) are run at least annually.
Vulnerability results will be discussed during business review meetings
with Client. Vulnerability reports will be made available on request.
Please see additional terms for vulnerability scanning below.
Wi-Fi Services Atlantec will install at the Client’s premises Wireless Access Points to
provide a bandwidth in all areas requiring wireless network coverage,
as agreed upon by Atlantec and Client.
• Atlantec will maintain, supervise, and manage the wireless
system at no additional cost.
• Installed equipment, if provided by Atlantec, will be
compatible with the then-current industry standards.
• Atlantec will provide remote support services during normal
business hours to assist with device connectivity issues.
(Support services will be provided on a “best efforts” basis
only, and Client understands that some end-user devices
may not connect to the wireless network, or they may
connect but not perform well).
Please note: Any Wi-Fi devices, such as access points or routers, that
are supplied by Client cannot be older than five (5) years from the
applicable device’s original date of manufacture, and in all cases must
be supported by the manufacturer of the device(s).
Workstation Implementation and facilitation of an industry-recognized, next
generation workstation malware protection solution from our
Next-
designated Third Party Provider.
Generation
Malware Software agents installed in covered devices protect against malware
and prevent intruder access. Used in coordination with other endpoint
Solution security layers and security solutions to create a comprehensive
defensive strategy.
• Next-generation deep learning malware detection, file scanning,
and live protection for Workstation OS.
• Web access security and control, application security and control,
intrusion prevention system.
• Data loss prevention, exploit prevention, malicious traffic
detection, disk, and boot record protection.
Workstation Software agents installed in covered workstations report status and IT-
related events on a 24x7 basis; alerts are generated and responded to
Monitoring &
in accordance with the Service Levels described below.
Maintenance
• Online status monitoring, alerting us to potential failures or
outages.
• Capacity monitoring, alerting us to severely decreased or low disk
capacity (covers standard fixed HDD and SSD partitions, not
external devices such as USB or mapped network drives).
• Performance monitoring, alerting us to unusual processor or
memory usage.
• Endpoint protection agent monitoring, alerting us to potential
security vulnerabilities.
• Routine operating system inspection and cleansing.
• Secure remote connectivity to the workstation and collaborative
screen sharing.
• Review and installation of updates and patches for Windows and
supported software.
• Asset inventory and workstation information collection.
Covered Environment
Managed Services will be applied to the number of devices indicated in
the Quote (“Covered Hardware”). The list of Covered Hardware may be
modified by mutual consent (email is sufficient for this purpose);
however, we reserve the right to modify the list of Covered Hardware at
any time if we discover devices that were not previously included in the
list of Covered Hardware and which are receiving Services, or as
necessary to accommodate changes to the quantity of Covered
Hardware.
Unless otherwise stated in the Quote, Covered Devices will only include
technology assets (such as computers, servers, and networking
equipment) owned by the Client’s organization. As an accommodation,
Atlantec may provide guidance in connecting a personal device to the
Client’s organization’s technology, but support of personal devices is
generally not included in the Scope of Services.
If the Quote indicates that the Services are billed on a “per user” basis,
then the Services will be provided for up to two (2) Business Devices used
by the number of users indicated in the Quote. A “Business Device” is a
device that (i) is owned or leased by Client and used primarily for
business, (ii) is regularly connected to Client’s managed network, and (iii)
has installed on it a software agent through which we (or our designated
Third Party Providers) can monitor the device.
We will provide support for any software applications that are licensed
through us. Such software (“Supported Software”) will be supported on
a “best effort” basis only and any support required beyond Level 2-type
support will be facilitated with the applicable software vendor/producer.
Coverage for non-Supported Software is outside of the scope of the
Quote and will be provided to you on a “best-effort” basis and a time and
materials basis with no guarantee of remediation. Should our technicians
provide you with advice concerning non-Supported Software, the
provision of that advice should be viewed as an accommodation, not an
obligation, to you.
If we are unable to remediate an issue with non-Supported Software,
then you will be required to contact the manufacturer/distributor of the
software for further support. Please note: Manufacturers/distributors of
such software may charge fees, some of which may be significant, for
technical support; therefore, we strongly recommend that you maintain
service or support contracts for all non-Supported Software (“Service
Contract”). If you request that we facilitate technical support for non-
Supported Software, then if you have a Service Contract in place, our
facilitation services will be provided at no additional cost to you.
In this Services Guide, Covered Hardware and Supported Software will be
referred to as the “Environment” or “Covered Equipment.”
Physical Locations Covered by Services
Services will be provided remotely unless, in our discretion, we determine
that an onsite visit is required. Atlantec visits will be scheduled in
accordance with the priority assigned to the issue (below) and are subject
to technician availability. Unless we agree otherwise, all onsite Services
will be provided at Client’s primary business location. Additional fees
may apply for onsite visits: Please review the Service Level section below
for more details.
Please Note: Onsite services for customers outside of the state of Maine
will be provided on a case-by-case basis and will be subject to additional
fees and costs, including all reasonable travel and lodging costs (to be
pre-approved by Customer).
Minimum Requirements / Exclusions
The scheduling, fees and provision of the Services are based upon the
following assumptions and minimum requirements, all of which must be
provided/maintained by Client at all times:
• Server hardware must be under current warranty coverage.
• All equipment with Microsoft Windows® operating systems
must be running then-currently supported versions of such
software and have all the latest Microsoft service packs and
critical updates installed.
• All software must be genuine, licensed, and vendor- or OEM-
supported.
• Server file systems and email systems (if applicable) must be
protected by licensed and up-to-date virus protection
software.
• The managed environment must have a currently licensed,
vendor-supported server-based backup solution that can be
monitored.
• All wireless data traffic in the managed environment must be
securely encrypted.
• All servers must be connected to working UPS devices.
• Recovery coverage assumes data integrity of the backups or
the data stored on the backup devices. We do not guarantee
the integrity of the backups or the data stored on the backup
devices. Server restoration will be to the point of the last
successful backup.
• Client must provide all software installation media and key
codes in the event of a failure.
• Any costs required to bring the Environment up to these
minimum standards are not included in this Services Guide.
• Client must provide us with exclusive administrative privileges
to the Environment.
• Client must not affix or install any accessory, addition, upgrade,
equipment, or device on to the firewall, server, or NAS
appliances (other than electronic data) unless expressly
approved in writing by us.
Exclusions. Services that are not expressly described in the Quote will be
out of scope and will not be provided to Client unless otherwise agreed,
in writing, by Atlantec. Without limiting the foregoing, the following
services are expressly excluded, and if required to be performed, must be
agreed upon by Atlantec in writing:
➢ Customization of third party applications, or programming of
any kind.
➢ Support for operating systems, applications, or hardware no
longer supported by the manufacturer.
➢ Data/voice wiring or cabling services of any kind.
➢ Battery backup replacement.
➢ Equipment relocation.
➢ The cost to bring the managed environment up to these
minimum requirements (unless otherwise noted in the Quote).
➢ The cost of repairs to hardware or any supported equipment or
software, or the costs to acquire parts or equipment, or
shipping charges of any kind.
Service Levels
Automated monitoring is provided on an ongoing (i.e., 24x7x365) basis.
Response, repair, and/or remediation services (as applicable) will be
provided only during our business hours (currently M-F, 9 AM – 6 PM
Eastern Time, excluding legal holidays and Atlantec-observed holidays as
listed below), unless otherwise specifically stated in the Quote or as
otherwise described below.
We will respond to problems, errors, or interruptions in the provision of
the Services during business hours in the timeframe(s) described below.
Severity levels will be determined by Atlantec in our discretion after
consulting with the Client. All remediation services will initially be
attempted remotely; Atlantec will provide onsite service only if remote
remediation is ineffective and, under all circumstances, only if covered
under the Service plan selected by Client.
Trouble / Severity Response Time
Critical / Service Not Available Response within two (2) business hours after
(e.g., all users and functions notification.
unavailable)
Significant Degradation Response within four (4) business hours
(e.g., large number of users or after notification.
business critical functions
affected)
Limited Degradation Response within eight (8) business hours
(e.g., limited number of users after notification.
or functions affected, business
process can continue).
Small Service Degradation Response within two (2) business days after
(e.g., business process can notification.
continue, one user affected).
Long Term Project, Response within four (4) business days after
Preventative Maintenance notification.
* All time frames are calculated as of the time that we are notified of the applicable issue
/ problem by Client through our designated support portal, help desk, or by telephone at
the telephone number listed in the Quote. Notifications received in any manner other
than described herein may result in a delay in the provision of remediation efforts.
Support During Off-Hours/Non-Business Hours: Technical support
provided outside of our normal business hours is offered on a case-by-
case basis and is subject to technician availability. If Atlantec agrees to
provide off-hours/non-business hours support (“Non-Business Hour
Support”), then that support will be provided on a time and materials
basis (which is not covered under any Service plan), and will be billed to
Client at the following increased hourly rates:
• Project Professional Level 1: 1.5x normal rate
• Project Professional Advanced: 2x normal rate
• Support Technician, Level 1: 1.5x normal rate
• Support Technician, Senior: 2x normal rate
All hourly services are billed in 15 minute increments, and partial
increments are rounded to the next highest increment. A one (1) hour
minimum applies to all Non-Business Hour Support.
Atlantec-Observed Holidays: Atlantec observes the following holidays:
• New Year’s Day
• Martin Luther King Jr. Day
• President’s Day
• Good Friday – Half Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• The day following Thanksgiving Day
• Christmas Eve
• Christmas Day
• New Year’s Eve – Half Day
Service Credits: Our service level target is 90% as measured over a
calendar month (“Target Service Level”). If we fail to adhere to the Target
Service Level and Client timely brings that failure to our attention in
writing (as per the requirements of our Master Services Agreement), then
Client will be entitled to receive a pro-rated service credit equal to 1/30
of that calendar month’s recurring service fees (excluding hard costs,
licenses, etc.) for each day on which the Target Service Level is missed.
Under no circumstances shall credits exceed 30% of the total monthly
recurring service fees under an applicable Quote.
Fees
The fees for the Services will be as indicated in the Quote.
Reconciliation. Fees for certain Third Party Services that we facilitate or resell
to you may begin to accrue prior to the “go-live” date of other applicable
Services. (For example, Microsoft Azure or AWS-related fees begin to accrue
on the first date on which we start creating and/or configuring certain hosted
portions of the Environment; however, the Services that rely on Microsoft
Azure or AWS may not be available to you until a future date). You
understand and agree that you will be responsible for the payment of all fees
for Third Party Services that are required to begin prior to the “go-live” date
of Services, and we reserve the right to reconcile amounts owed for those
fees by including those fees on your monthly invoices.
Changes to Environment. Initially, you will be charged the monthly fees
indicated in the Quote. Thereafter, if the managed environment changes,
or if the number of authorized users accessing the managed environment
changes, then you agree that the fees will be automatically and
immediately modified to accommodate those changes.
Travel Time. If onsite services are provided, we will travel up to 45
minutes from our office to your location at no charge. Time spent
traveling beyond 45 minutes (e.g., locations that are beyond 45 minutes
from our office, occasions on which traffic conditions extend our drive
time beyond 45 minutes one-way, etc.) will be billed to you at our then
current hourly rates. In addition, you will be billed for all tolls, parking
fees, and related expenses that we incur if we provide onsite services to
you.
Appointment Cancellations. You may cancel or reschedule any
appointment with us at no charge by providing us with notice of
cancellation at least one business day in advance. If we do not receive
timely a notice of cancellation/re-scheduling, or if you are not present at
the scheduled time or if we are otherwise denied access to your premises
at a pre-scheduled appointment time, then you agree to pay us a
cancellation fee equal to two (2) hours of our normal consulting time (or
non-business hours consulting time, whichever is appropriate),
calculated at our then-current hourly rates.
Access Licensing. One or more of the Services may require us to purchase
certain “per seat” or “per device” licenses (often called “Access Licenses”)
from one or more Third Party Providers. (Microsoft “New Commerce
Experience” licenses as well as Cisco Meraki “per device” licenses are
examples of Access Licenses.) Access Licenses cannot be canceled once
they are purchased and often cannot be transferred to any other
customer. For that reason, you understand and agree that regardless of
the reason for termination of the Services, fees for Access Licenses are
non-mitigatable and you are required to pay for all applicable Access
Licenses in full for the entire term of those licenses. Provided that you
have paid for the Access Licenses in full, you will be permitted to use
those licenses until they expire.
Term; Termination
The Services will commence, and billing will begin, on the date indicated
in the Quote (“Commencement Date”) and will continue through the
initial term listed in the Quote (“Initial Term”). We reserve the right to
delay the Commencement Date until all onboarding/transition services
(if any) are completed, and all deficiencies / revisions identified in the
onboarding process (if any) are addressed or remediated to Atlantec’s
satisfaction.
The Services will continue through the Initial Term until terminated as
provided in the Agreement, the Quote, or as indicated in this Service
Guide (the “Service Term”).
Per Seat/Per Device Licensing: Regardless of the reason for the
termination of the Services, you will be required to pay for all per seat
or per device licenses that we acquire on your behalf. Please see
“Access Licensing” in the Fees section above for more details.
Removal of Software Agents; Return of Firewall & Backup Appliances:
Unless we expressly direct you to do so, you will not remove or disable,
or attempt to remove or disable, any software agents that we installed in
the managed environment or any of the devices on which we installed
software agents. Doing so without our guidance may make it difficult or
impracticable to remove the software agents, which could result in
network vulnerabilities and/or the continuation of license fees for the
software agents for which you will be responsible, and/or the
requirement that we remediate the situation at our then-current hourly
rates, for which you will also be responsible. Depending on the particular
software agent and the costs of removal, we may elect to keep the
software agent in the managed environment but in a dormant and/or
unused state.
Within ten (10) days after being directed to do so, you must remove,
package and ship, at your expense and in a commercially reasonable
manner, all hardware, equipment, and accessories leased, loaned,
rented, or otherwise provided to you by Epoch IT “as a service.” If you
fail to timely return all such equipment to us, or if the equipment is
returned to us damaged (normal wear and tear excepted), then we will
have the right to charge you, and you hereby agree to pay, the
replacement value of all such unreturned or damaged equipment.
Offboarding
Subject to the requirements in the MSA, Atlantec will off-board Client
from Atlantec’s services by performing one or more of the following:
• Removal / disabling of monitoring agents in the Environment.
• Removal / disabling of endpoint software from the
Environment.
• Removal / disabling of Microsoft 365 from the Environment
(unless the licenses for Microsoft 365 are being transferred to
your incoming provider; please speak to your technician for
details.)
• Termination of SQL or Remote Desktop licenses provided by
Atlantec.
• Removal of credentials from the Environment.
• Removal of backup software from the Environment.
Additional Policies
The following additional policies (“Policies”) apply to Services that we
provide or facilitate under a Quote. By accepting a Service for which one
or more of the Policies apply, you agree to always abide by the applicable
Policy.
Authenticity
Everything in the managed environment must be genuine and licensed,
including all hardware, software, etc. If we ask for proof of authenticity
and/or licensing, you must provide us with such proof. All minimum
hardware or software requirements as indicated in a Quote or this
Services Guide (“Minimum Requirements”) must be implemented and
maintained as an ongoing requirement of us providing the Services to
you.
Monitoring Services; Alert Services
Unless otherwise indicated in the Quote, all monitoring and alert-type
services are limited to detection and notification functionalities only.
Monitoring levels will be set by Atlantec, and Client shall not modify these
levels without our prior written consent.
Configuration of Third Party Services
Certain third party services provided to you under an Order may provide
you with administrative access through which you could modify the
configurations, features, and/or functions (“Configurations”) of those
services. However, any modifications of Configurations made by you
without authorization could disrupt the Services and/or cause a
significant increase in the fees charged for those third party services. For
that reason, we strongly advise you to refrain from changing the
Configurations unless we authorize those changes. You will be
responsible for paying any increased fees or costs arising from or related
to changes to the Configurations.
Modification of Environment
Changes made to the Environment without our prior authorization or
knowledge may have a substantial, negative impact on the provision and
effectiveness of the Services and may impact the fees charged under the
Quote. You agree to refrain from moving, modifying, or otherwise
altering any portion of the Environment without our prior knowledge or
consent. For example, you agree to refrain from adding or removing
hardware from the Environment, installing applications on the
Environment, or modifying the configuration or log files of the
Environment without our prior knowledge or consent.
Anti-Virus; Anti-Malware
Our anti-virus / anti-malware solution will generally protect the
Environment from becoming infected with new viruses and malware
(“Malware”); however, Malware that exists in the Environment at the
time that the security solution is implemented may not be capable of
being removed without additional services, for which a charge may be
incurred. We do not warrant or guarantee that all Malware will be
detected, avoided, or removed, or that any data erased, corrupted, or
encrypted by Malware will be recoverable. To improve security
awareness, you agree that Atlantec or its designated third party affiliate
may transfer information about the results of processed files,
information used for URL reputation determination, security risk
tracking, and statistics for protection against spam and malware. Any
information obtained in this manner does not and will not contain any
personal or confidential information.
Breach/Cyber Security Incident Recovery
Unless otherwise expressly stated in the Quote, the scope of the Services
does not include the remediation and/or recovery from a Security
Incident (defined below). Such services, if requested by you, will be
provided on a time and materials basis under our then-current hourly
labor rates. Given the varied number of possible Security Incidents, we
cannot and do not warrant or guarantee (i) the amount of time required
to remediate the effects of a Security Incident (or that recovery will be
possible under all circumstances), or (ii) that all data or systems impacted
by the incident will be recoverable or remediated. For the purposes of
this paragraph, a Security Incident means any unauthorized or
impermissible access to or use of the Environment, or any unauthorized
or impermissible disclosure of Client’s confidential information (such as
user names, passwords, etc.), that (i) compromises the security or privacy
of the information or applications in, or the structure or integrity of, the
managed environment, or (ii) prevents normal access to the managed
environment, or impedes or disrupts the normal functions of the
managed environment.
Environmental Factors
Exposure to environmental factors, such as water, heat, cold, or varying
lighting conditions, may cause installed equipment to malfunction.
Unless expressly stated in the Quote, we do not warrant or guarantee
that installed equipment will operate error-free or in an uninterrupted
manner, or that any video or audio equipment will clearly capture and/or
record the details of events occurring at or near such equipment under
all circumstances.
Fair Usage Policy
Our Fair Usage Policy (“FUP”) applies to all services that are described
or designated as “unlimited” or which are not expressly capped in the
number of available usage hours per month. An “unlimited” service
designation means that, subject to the terms of this FUP, you may use
the applicable service as reasonably necessary for you to enjoy the use
and benefit of the service without incurring additional time-based or
usage-based costs. However, unless expressly stated otherwise in the
Quote, all unlimited services are provided during our normal business
hours only and are subject to our technicians’ availabilities, which
cannot always be guaranteed. In addition, we reserve the right to assign
our technicians as we deem necessary to handle issues that are more
urgent, critical, or pressing than the request(s) or issue(s) reported by
you. Consistent with this FUP, you agree to refrain from (i) creating
urgent support tickets for non-urgent or non-critical issues, (ii)
requesting excessive support services that are inconsistent with normal
usage patterns in the industry (e.g., requesting support in lieu of
training), (iii) requesting support or services that are intended to
interfere, or may likely interfere, with our ability to provide our services
to our other customers.
Hosted Email
You are solely responsible for the proper use of any hosted email service
provided to you (“Hosted Email”).
Hosted Email solutions are subject to acceptable use policies (“AUPs”),
and your use of Hosted Email must comply with those AUPs—including
ours. In all cases, you agree to refrain from uploading, posting,
transmitting or distributing (or permitting any of your authorized users of
the Hosted Email to upload, post, transmit or distribute) any prohibited
content, which is generally content that (i) is obscene, illegal, or intended
to advocate or induce the violation of any law, rule or regulation, or (ii)
violates the intellectual property rights or privacy rights of any third
party, or (iii) mischaracterizes you, and/or is intended to create a false
identity or to otherwise attempt to mislead any person as to the identity
or origin of any communication, or (iv) interferes or disrupts the services
provided by Atlantec or the services of any third party, or (v) contains
Viruses, trojan horses or any other malicious code or programs. In
addition, you must not use the Hosted Email for the purpose of sending
unsolicited commercial electronic messages (“SPAM”) in violation of any
federal or state law. Atlantec reserves the right, but not the obligation,
to suspend Client’s access to the Hosted Email and/or all transactions
occurring under Client’s Hosted Email account(s) if Atlantec believes, in
its discretion, that Client’s email account(s) is/are being used in an
improper or illegal manner.
Backup (BDR) Services
All data transmitted over the Internet may be subject to malware and
computer contaminants such as viruses, worms and trojan horses, as well
as attempts by unauthorized users, such as hackers, to access or damage
Client’s data. Neither Atlantec nor its designated affiliates will be
responsible for the outcome or results of such activities.
BDR services require a reliable, always-connected internet solution. Data
backup and recovery time will depend on the speed and reliability of your
internet connection. Internet and telecommunications outages will
prevent the BDR services from operating correctly. In addition, all
computer hardware is prone to failure due to equipment malfunction,
telecommunication-related issues, etc., for which we will be held
harmless. Due to technology limitations, all computer hardware,
including communications equipment, network servers and related
equipment, has an error transaction rate that can be minimized, but not
eliminated. Atlantec cannot and does not warrant that data corruption
or loss will be avoided, and Client agrees that Atlantec shall be held
harmless if such data corruption or loss occurs. Client is strongly advised
to keep a local backup of all of stored data to mitigate against the
unintentional loss of data.
Procurement
Equipment and software procured by Atlantec on Client’s behalf
(“Procured Equipment”) may be covered by one or more manufacturer
warranties, which will be passed through to Client to the greatest extent
possible. By procuring equipment or software for Client, Atlantec does
not make any warranties or representations regarding the quality,
integrity, or usefulness of the Procured Equipment. Certain equipment
or software, once purchased, may not be returnable or, in certain cases,
may be subject to third party return policies and/or re-stocking fees, all
of which shall be Client’s responsibility in the event that a return of the
Procured Equipment is requested. Atlantec is not a warranty service or
repair center. Atlantec will facilitate the return or warranty repair of
Procured Equipment; however, Client understands and agrees that (i) the
return or warranty repair of Procured Equipment is governed by the
terms of the warranties (if any) governing the applicable Procured
Equipment, for which Atlantec will be held harmless, and (ii) Atlantec is
not responsible for the quantity, condition, or timely delivery of the
Procured Equipment once the equipment has been tendered to the
designated shipping or delivery courier.
Business Review / IT Strategic Planning Meetings
We strongly suggest that you participate in business review/strategic
planning meetings as may be requested by us from time to time. These
meetings are intended to educate you about recommended (and
potentially crucial) modifications to your IT environment, as well as to
discuss your company’s present and future IT-related needs. These
reviews can provide you with important insights and strategies to make
your managed IT environment more efficient and secure. You
understand that by suggesting a particular service or solution, we are not
endorsing any specific manufacturer or service provider.
VCTO or VCIO Services
The advice and suggestions provided by us in our capacity as a virtual
chief technology or information officer (if applicable) will be for your
informational and/or educational purposes only. Atlantec will not hold
an actual director or officer position in Client’s company, and we will
neither hold nor maintain any fiduciary relationship with Client. Under
no circumstances shall Client list or place Atlantec on Client’s corporate
records or accounts.
Sample Policies, Procedures.
From time to time, we may provide you with sample (i.e., template)
policies and procedures for use in connection with Client’s business
(“Sample Policies”). The Sample Policies are for your informational use
only, and do not constitute or comprise legal or professional advice, and
the policies are not intended to be a substitute for the advice of
competent counsel. You should seek the advice of competent legal
counsel prior to using or distributing the Sample Policies, in part or in
whole, in any transaction. We do not warrant or guarantee that the
Sample Policies are complete, accurate, or suitable for your (or your
customers’) specific needs, or that you will reduce or avoid liability by
utilizing the Sample Policies in your (or your customers’) business
operations.
Penetration Testing; Vulnerability Scanning
You understand and agree that security devices, alarms, or other security
measures, both physical and virtual, may be tripped or activated during
the penetration testing and/or vulnerability scanning processes, despite
our efforts to avoid such occurrences. You will be solely responsible for
notifying any monitoring company and all law enforcement authorities of
the potential for “false alarms” due to the provision of the penetration
testing or vulnerability scanning services, and you agree to take all steps
necessary to ensure that false alarms are not reported or treated as “real
alarms” or credible threats against any person, place, or property. Some
alarms and advanced security measures, when activated, may cause the
partial or complete shutdown of the Environment, causing substantial
downtime and/or delay to your business activities. We will not be
responsible for any claims, costs, fees, or expenses arising or resulting
from (i) any response to the penetration testing or vulnerability scanning
services by any monitoring company or law enforcement authorities, or
(ii) the partial or complete shutdown of the Environment by any alarm or
security monitoring device.
No Third Party Scanning
Unless we authorize such activity in writing, you will not conduct any test,
nor request or allow any third party to conduct any test (diagnostic or
otherwise), of the security system, protocols, processes, or solutions that
we implement in the managed environment (“Testing Activity”). Any
services required to diagnose or remediate errors, issues, or problems
arising from unauthorized Testing Activity are not covered under the
Quote, and if you request us (and we elect) to perform those services,
those services will be billed to you at our then-current hourly rates.
Obsolescence
If at any time any portion of the managed environment becomes
outdated, obsolete, reaches the end of its useful life, or acquires “end of
support” status from the applicable device’s or software’s manufacturer
(“Obsolete Element”), then we may designate the device or software as
“unsupported” or “non-standard” and require you to update the
Obsolete Element within a reasonable time period. If you do not replace
the Obsolete Element reasonably promptly, then in our discretion we
may (i) continue to provide the Services to the Obsolete Element using
our “best efforts” only with no warranty or requirement of remediation
whatsoever regarding the operability or functionality of the Obsolete
Element, or (ii) eliminate the Obsolete Element from the scope of the
Services by providing written notice to you (email is sufficient for this
purpose). In any event, we make no representation or warranty
whatsoever regarding any Obsolete Element or the deployment, service
level guarantees, or remediation activities for any Obsolete Element.
Licenses
If we are required to re-install or replicate any software provided by you
as part of the Services, then it is your responsibility to verify that all such
software is properly licensed. We reserve the right, but not the
obligation, to require proof of licensing before installing, re-installing, or
replicating software into the managed environment. The cost of
acquiring licenses is not included in the scope of the Quote unless
otherwise expressly stated therein.
VOIP – Dialing 911 (Emergency) Services
The following terms and conditions apply to your use of any VoIP
service that we facilitate for you or that is provided to you by a third
party provider of such service. Please note, by using VoIP services you
agree to the provisions of the waiver at the end of this section. If you
do not understand or do not agree with any of the terms below, you
must not subscribe to, use, or rely upon any VoIP service and, instead,
you must contact us immediately.
There is an important difference in how 9-1-1 (i.e., emergency) services
can be dialed using a VoIP service as compared to a traditional telephone
line. Calling emergency services using a VoIP service is referred to as
“E911.”
Registration: You are responsible for activating the E911 dialing feature
by registering the address where you will use the VoIP service. This will
not be done for you, and you must take this step on your own initiative.
To do this, you must log into your VoIP control panel and provide a valid
physical address. If you do not take this step, then E911 services may
not work correctly, or at all, using the VoIP service. Emergency service
dispatchers will only send emergency personnel to a properly registered
E911 service address.
Location: The address you provide in the control panel is the location to
which emergency services (such as the fire department, the police
department, etc.) will respond. For this reason, it is important that you
correctly enter the location at which you are using the VoIP services. PO
boxes are not proper addresses for registration and must not be used as
your registered address. Please note, even if your account is properly
registered with a correct physical address, (i) there may be a problem
automatically transmitting a caller's physical location to the emergency
responders, even if the caller can reach the 911 call center, and (ii) a VoIP
911 call may go to an unstaffed call center administrative line or be
routed to a call center in the wrong location. These issues are inherent to
all VoIP systems and services. We will not be responsible for, and you
agree to hold us harmless from, any issues, problems, incidents,
damages (both bodily- and property-related), costs, expenses, and fees
arising from or related to your failure to register timely and correctly
your physical location information into the control panel.
Address Change(s): If you change the address used for E911 calling, the
E911 services may not be available and/or may operate differently than
expected. Moreover, if you do not properly and promptly register a
change of address, then emergency services may be directed to the
location where your services are registered and not where the
emergency may be occurring. For that reason, you must register a
change of address with us through the VoIP control panel no less than
three (3) business days prior to your anticipated move/address change.
Address changes that are provided to us with less than three (3) business
days notice may cause incorrect/outdated information to be conveyed to
emergency service personnel. If you are unable to provide us with at
least three (3) business days notice of an address change, then you should
not rely on the E911 service to provide correct physical location
information to emergency service personnel. Under those
circumstances, you must provide your correct physical location to
emergency service dispatchers if you call them using the VoIP services.
If you do not register the VoIP service at your location and you dial 9-1-1,
that call will be categorized as a “rogue 911 call.” If you are responsible
for dialing a rogue 911 call, you will be charged a non-refundable and
non-disputable fee of $250/call.
Power Loss: If you lose power or there is a disruption to power at the
location where the VoIP services are used, then the E911 calling service
will not function until power is restored. You should also be aware that
after a power failure or disruption, you may need to reset or reconfigure
the device prior to utilizing the service, including E911 dialing.
Internet Disruption: If your internet connection or broadband service is
lost, suspended, terminated or disrupted, E911 calling will not function
until the internet connection and/or broadband service is restored.
Account Suspension: If your account is suspended or terminated, then all
E911 dialing services will not function.
Network Congestion: There may be a greater possibility of network
congestion and/or reduced speed in the routing of E911 calls as
compared to 911 dialing over traditional public telephone networks.
WAIVER: You hereby agree to release, indemnify, defend, and hold us
and our officers, directors, representatives, agents, and any third party
service provider that furnishes VoIP-related services to you, harmless
from any and all claims, damages, losses, suits or actions, fines, penalties,
costs and expenses (including, but not limited to, attorneys’ fees),
whether suffered, made, instituted or asserted by you or by any other
party or person (collectively, “Claims”) arising from or related to the VoIP
services, including but not limited to any failure or outage of the VoIP
services, incorrect routing or use of, or any inability to use, E911 dialing
features. The foregoing waiver and release shall not apply to Claims
arising from our gross negligence, recklessness, or willful misconduct.
Acceptable Use Policy
The following policy applies to all hosted services provided to you, including
but not limited to (and as applicable) hosted applications, hosted websites,
hosted email services, and hosted infrastructure services (“Hosted
Services”).
Atlantec does not routinely monitor the activity of hosted accounts except
to measure service utilization and/or service uptime, security-related
purposes and billing-related purposes, and as necessary for us to provide or
facilitate our managed services to you; however, we reserve the right to
monitor Hosted Services at any time to ensure your compliance with the
terms of this Acceptable Use Policy (this “AUP”) and our master services
agreement, and to help monitor and ensure the safety, integrity, reliability,
or security of the Hosted Services.
Similarly, we do not exercise editorial control over the content of any
information or data created on or accessible over or through the Hosted
Services. Instead, we prefer to advise our customers of inappropriate
behavior and any necessary corrective action. If, however, Hosted Services
are used in violation of this AUP, then we reserve the right to suspend your
access to part or all of the Hosted Services without prior notice.
Violations of this AUP: The following constitute violations of this AUP:
• Harmful or illegal uses: Use of a Hosted Service for illegal purposes
or in support of illegal activities, to cause harm to minors or attempt
to contact minors for illicit purposes, to transmit any material that
threatens or encourages bodily harm or destruction of property or
to transmit any material that harasses another is prohibited.
• Fraudulent activity: Use of a Hosted Service to conduct any
fraudulent activity or to engage in any unfair or deceptive practices,
including but not limited to fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam such as
“pyramid schemes,” “Ponzi schemes,” and “chain letters” is
prohibited.
• Forgery or impersonation: Adding, removing, or modifying
identifying network header information to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged
headers or other identifying information is prohibited. The use of
anonymous remailers or nicknames does not constitute
impersonation.
• SPAM: Atlantec has a zero tolerance policy for the sending of
unsolicited commercial email (“SPAM”). Use of a Hosted Service to
transmit any unsolicited commercial or unsolicited bulk e-mail is
prohibited. You are not permitted to host, or permit the hosting of,
sites or information that is advertised by SPAM from other
networks. To prevent unnecessary blacklisting due to SPAM, we
reserve the right to drop the section of IP space identified by SPAM
or denial-of-service complaints if it is clear that the offending
activity is causing harm to parties on the Internet, if open relays are
on the hosted network, or if denial of service attacks are originated
from the hosted network.
• Internet Relay Chat (IRC). The use of IRC on a hosted server is
prohibited.
• Open or “anonymous” proxy: Use of open or anonymous proxy
servers is prohibited.
• Cryptomining. Using any portion of the Hosted Services for mining
cryptocurrency or using any bandwidth or processing power made
available by or through a Hosted Services for mining
cryptocurrency, is prohibited.
• Hosting spammers: The hosting of websites or services using a
hosted server that supports spammers, or which causes (or is likely
to cause) our IP space or any IP space allocated to us or our
customers to be listed in any of the various SPAM databases, is
prohibited. Customers violating this policy will have their server
immediately removed from our network and the server will not be
reconnected until such time that the customer agrees to remove all
traces of the offending material immediately upon reconnection
and agree to allow Atlantec to access the server to confirm that all
material has been completely removed. Any subscriber guilty of a
second violation may be immediately and permanently removed
from the hosted network for cause and without prior notice.
• Email/message forging: Forging any email message header, in part
or whole, is prohibited.
• Unauthorized access: Use of the Hosted Services to access, or to
attempt to access, the accounts of others or to penetrate, or
attempt to penetrate, Atlantec’s security measures or the security
measures of another entity's network or electronic
communications system, whether or not the intrusion results in the
corruption or loss of data, is prohibited. This includes but is not
limited to accessing data not intended for you, logging into or
making use of a server or account you are not expressly authorized
to access, or probing the security of other networks, as well as the
use or distribution of tools designed for compromising security such
as password guessing programs, cracking tools, or network probing
tools.
• IP infringement: Use of a Hosted Service to transmit any materials
that infringe any copyright, trademark, patent, trade secret or other
proprietary rights of any third party, is prohibited.
• Collection of personal data: Use of a Hosted Service to collect, or
attempt to collect, personal information about third parties without
their knowledge or consent is prohibited.
• Network disruptions and sundry activity. Use of the Hosted
Services for any activity which affects the ability of other people or
systems to use the Hosted Services or the internet is prohibited.
This includes “denial of service” (DOS) attacks against another
network host or individual, “flooding” of networks, deliberate
attempts to overload a service, and attempts to “crash” a host.
• Distribution of malware: Intentional distribution of software or
code that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems is
prohibited.
• Excessive use or abuse of shared resources: The Hosted Services
depend on shared resources. Excessive use or abuse of these shared
network resources by one customer may have a negative impact on
all other customers. Misuse of network resources in a manner
which impairs network performance is prohibited. You are
prohibited from excessive consumption of resources, including CPU
time, memory, and session time. You may not use resource-
intensive programs which negatively impact other customers or the
performances of our systems or networks.
• Allowing the misuse of your account: You are responsible for any
misuse of your account, even if the inappropriate activity was
committed by an employee or independent contractor. You shall
not permit your hosted network, through action or inaction, to be
configured in such a way that gives a third party the capability to
use your hosted network in an illegal or inappropriate manner. You
must take adequate security measures to prevent or minimize
unauthorized use of your account. It is your responsibility to keep
your account credentials secure.
To maintain the security and integrity of the hosted environment, we reserve
the right, but not the obligation, to filter content, Atlantec requests, or
website access for any web requests made from within the hosted
environment.
Revisions to this AUP: We reserve the right to revise or modify this AUP at
any time. Changes to this AUP shall not be grounds for early contract
termination or non-payment.