Under this agreement
Monitoring by Company personnel of the Cuick Trac environment will occur on a 5-days a week (Monday – Friday) basis with service hours of 8:00am-6:00pm CST. Remediation services will be provided only during business hours unless otherwise specifically stated in the SOW.
Company will respond to problems, errors, or interruptions in the provision of the Services in the timeframe(s) described below.
Severity levels will be determined by Company at its reasonable discretion and in accordance with industry best practices. All remediation services will initially be performed remotely; Company will provide onsite service only if remote remediation is ineffective and, under all circumstances, only if covered under the Service plan selected by Customer.
All time frames are calculated as of the time that Company is notified of the applicable issue / problem by Customer through Company’s designated support portal or by telephone. Notifications received in any manner other than described herein may result in a delay in the provision of remediation efforts.
Support provided outside of Company’s service hours of 8:00am-6:00pm CST will be billed to Customer at the hourly rate of $200/ hour (2- hour minimum applies), and support provided between 11:00pm-6:00am CST will be billed to Customer at the hourly rate of $500/ hour. For support to locations in significantly different time zones, 2+ days notice for anticipated priority support is required. Support requiring on-site visits will be billed to Customer at the flat rate of $2000/ day, plus expenses (based upon the approved United States Federal Government Per Diem rate for that fiscal year), only if pre-approved in writing by Customer.
The Cuick Trac secure virtual enclave requires an active internet service provider (“ISP”) connection for access. Based upon individual needs, it is strongly recommended that Customer obtain a primary and secondary ISP with automatic fail-over to prevent loss of connectivity. Customer understands and agrees that Company has no control over ISP services and shall not be held liable for any loss or work stoppages caused by ISP outages and Company shall be held harmless in the event of any such losses. Any IP addresses provided to Customer by Company during the term of the Agreement are managed by Company and Company will retain these IP addresses after termination of the Agreement, meaning that they may not be transferred or utilized by Customer after termination of the Agreement.
Software that is not on the Cuick Trac approved white-list, but may be in use in the Customer’s networks, will be analyzed for security concerns and explicitly approved on a case-by-case basis. Company cannot and will not provision software that creates unmitigated vulnerability within the environment.
Customer understands and agrees that software that is not part of the Cuick Trac whitelist may pose additional risk to Customer’s environment. To the extent Customer requests Company to implement non-whitelisted software, Customer accepts the incremental risk inherent to such software. The Company is not liable for software implemented at Customer’s request.
Company shall keep all managed and/ or hosted equipment and software current with critical patches and updates (“Patches”) as such Patches are released by the manufacturers of the applicable hardware or software. Patches and updates are developed by third party vendors and, on rare occasions, may cause system instability. Company shall refrain from installing a Patch if Company is aware of technical problems caused by a Patch, or believes that a Patch may render the System, or any portion of the System, unstable or present an information security vulnerability or may otherwise create a NIST 800-171 compliance violation without Customer’s prior consent.
Please Note: As we assess each case with the customer, Company reserves the right to reassign severity levels based on the surrounding circumstances.
In the event of a Service Level Default (response or resolution), the corresponding Service Level Credit will be creditable to Customer; provided, however, that in no event will the total amount of Service Level Credit creditable to Customer for a single month exceed the credit percent.
Customers are eligible for service credits when:
The total service credits issued during any calendar month shall not exceed:
Service credits will not apply when SLA failures result from or during:
Customers must: Submit a written claim within 30 calendar days of the perceived SLA violation.
Include:
The Company will: