Terms of Service
Updated as of June 22, 2022
These Supplemental Services Terms of Service (“Supplemental Service Terms”) govern Client’s use of Netsurit’s Supplemental Services. By subscribing to or using Netsurit’s Supplemental Services, Client agrees to be bound by these Supplemental Service Terms, which are incorporated into the Netsurit Master Service Agreement between Client and Netsurit. Capitalized terms not defined in these Terms of Service have the meaning given to them in the Netsurit Master Service Agreement.
SERVICE SUBSCRIPTIONS
Requirements. Supplemental Services are ONLY available to Clients with either an active Managed Services or Support Services Service Plan.
Service Plan. Each Service Subscription has its Service Plan defined by the applicable Order and its Schedule of Services.
SERVICE LEVEL
Service levels ONLY apply to Clients who have subscribed to the Service(s) as defined in their Service Plan and applicable Order.
24/7 Emergency Support (Remote Only). ONLY IN CASES OF SYSTEM OR NETWORK WIDE EMERGENCY, Netsurit will be available 24 X 7 for Remote Support. Any issues that cannot be resolved remotely will be scheduled for Onsite Support on the next business day.
24/7 Emergency Support (Remote with Onsite). ONLY IN CASES OF SYSTEM OR NETWORK WIDE EMERGENCY, Netsurit will be available 24 X 7 for Remote Support. Any issues that cannot be resolved remotely, Netsurit will dispatch a technician for same day Onsite Support service. Client must provide Netsurit access to Client System.
Anti-Virus Protection. Netsurit will provide Client with Anti-Virus and Malware protection for computers identified in the referencing Order.
Cloud Backup Lite. Netsurit will provide offsite backups of eligible Managed Local Backup solutions as described in the referencing Order and further defined by the related Configuration(s) in the Client Portal (Backed-Up Data). Netsurit is not responsible for backing up any data outside the specified Backed-Up Data in the listed Configuration(s). Cloud Backup Lite requires Managed Local Backup, a Broadband Internet Connection with 5 Mbps upload minimum, and a Netsurit qualified, Client purchased, storage device. Client is responsible for all costs related to storage device(s) used for Cloud Backup Lite including onsite support. Support of Cloud Backup Lite is best effort. Netsurit does not warrant the Cloud Backup Lite service.
Cloud Directory Services. Netsurit will provide Client with centralized cloud directory services as described in the referencing Order.
Cybersecurity Awareness Training. Netsurit will administer a Cybersecurity Awareness Training (CAT) program and provide ongoing training for Client’s employees. The CAT program is a yearly subscription. Training is provided in monthly increments or as determined between Netsurit and Client. Client is provided with regular progress and impact reports.
Email Encryption. Netsurit will provide Client with Email Encryption as described in the referencing Order.
Email Security. Netsurit will provide Client with Email Security Services as described in the referencing Order including multilayered content analysis, email classification and quarantine, email continuity, malware protection, and end user controls.
Intrusion Detection Service (IDS). Netsurit will provide Client with Intrusion Detection Services as described in the referencing Order.
Managed DNS. Netsurit will maintain Authoritative Domain Name System server and services and manage records the domain names specified in the referencing Order.
Managed Domain Registration. Netsurit will manage and ensure active domain name registrations for the domain names specified in the referencing Order.
Managed Local Backup. Netsurit will provide remote support for backup, monitoring and recovery services as defined in the referencing Order and further defined by the related Configuration(s) in the Client Portal (Backed-Up Data). Netsurit is not responsible for backing up any data outside the Backed-Up Data specified in the listed Configuration(s). Managed Local Backup requires a Netsurit qualified, Client purchased, storage device. Client is responsible for all costs related to storage device(s) used for Managed Local Backup including onsite support. Both remote and onsite support of Managed Local Backup is best effort. Netsurit does not warrant the Managed Local Backup service.
Managed Detection and Response (MDR). Netsurit will provide Client with MDR services as described in the referencing Order.
Managed Risk. Netsurit will provide Client with Managed Risk services as described in the referencing Order.
Mobile Device Management (MDM). Netsurit will provide Client with Mobile Device Management services as described in the referencing Order.
Offsite Backup – Client Computer. Netsurit will provide Client with Offsite Backup service for Backed-Up Data on the specified Computer(s) as described in the referencing Order.
Password Management. Netsurit provides and administers a Password Management solution. Each end user is required to create a “Master Password.” End users must not forget their Master Passwords. The Master Password will be used by each individual only. Master Passwords MUST NOT be shared with anyone. If end users lose or forget their Master Password, Netsurit will not be able to assist in gaining access to their records since Netsurit does not have access to or knowledge of end-user Master Passwords. Netsurit will administer the system on the Client’s behalf.
Real Time System Monitoring, Patching and Inventory Management. Netsurit will provide Client monitoring and patching for computers identified in the referencing Order and will maintain an inventory of Client’s network devices.
SAAS Protection. Netsurit will provide Client with SaaS Protection services for Backed-Up Data for the specified User Account(s) as described in the referencing Order.
BACKED-UP DATA
1. Client represents and warrants it has all rights (including from Backed-Up Sites and Users) as necessary to permit access, copying and use of Backed-Up Data with the Service. Client is responsible for the accuracy, quality and legality of the Backed-Up Data, and the means by which Client acquired rights to the Backed-Up Data for use with the Service. For purposes of this Agreement, Backed-Up Data is the property of Client, not any User, and we are under no obligation to inform Users that Client controls such information with us.
2. Client, for itself and its Users, authorizes us to access and interact with the Backed-Up Site to retrieve Backed-Up Data and grants us a limited, royalty-free, non-exclusive, assignable license to use, copy, reformat, display, disclose and distribute the Backed-Up Data solely for providing the Service as described in these Terms of Use, including as authorized by an Administrator for support, and as described in our Privacy Policy.
3. Client retains all its right, title and interest in and to the Backed-Up Data, and we neither own nor acquire rights in the Backed-Up Data other than the rights expressly granted under this Agreement.
4. We will use physical, technical and administrative safeguards, consistent with commercially reasonable industry practices, designed to secure the confidentiality, integrity and availability of Backed-Up Data under our control against accidental or unauthorized loss, access or disclosure. We use the same safeguards for all Backed-Up Data, regardless of its nature or contents. We are a processor and not a controller of all Backed-Up Data.
5. Client must maintain authorization and access to the Backed-Up Sites so that we are regularly able to access Backed-Up Data for purposes of providing the Service. Client agrees and acknowledges that Backed-Up Data may not be available or restorable a) if Client changes such access authority or otherwise restricts our access to such Backed-Up Site; b) due to unavailability of the Backed-Up Site; c) with respect to modifications to the Backed-Up Data that are not captured in the backup frequency or retention schedule for the Service.
6. Unless otherwise agreed to in writing in a separate Business Associate Agreement, You agree that Backed-Up Data will not contain Protected Health Information and Your use of a Service will not otherwise make us a Business Associate of Client or any Administrator. You must request that we enter into a valid Business Associate Agreement with the appropriate party and ensure such agreement is in place prior to the transfer of any Backed-Up Data that requires a Business Associate Agreement. The terms “Protected Health Information” “Business Associate” and “Business Associate Agreement” will have the same meanings as set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), and such regulations as may be further amended from time to time (collectively, the HIPAA Standards).
CHARGES
In consideration of Netsurit’s performance of Services pursuant to these Supplemental Service Terms, Client shall pay Netsurit the monthly rate as defined in the referencing Order.
Labor required to support Supplemental Services is billed in accordance with the Client’s related Managed Services or Support Services Service Agreement.
