Fluid IT Services – Security as a Service Terms
1.0 Product and Services
1.1 Product Description. Fluid IT Services Security-as-a-Service (the “Service”) is a managed security service which uses Premises-based, multi-threat sensing Customer Premises Equipment (“CPE”), 24 x 7 monitoring and management, and advanced technology to provide network security
1.2 Fluid IT Services implementation of the Service is based on Fluid IT Services review of Customer’s Internet configuration, applications and IP addressing schema, as well as Customer’s security preferences. Fluid IT Services will tailor the configuration of the Service based on this information and will prepare a document to define the specifications for the installation of the Service (“Survey Document”).
1.3 Customer acknowledges and agrees that Fluid IT Services provisioning of the Service as it relates to the detection and monitoring of network managed security services is predicated on Customer’s adherence to the network configuration recommended to Customer as set forth in the Survey Document. Fluid IT Services will not be liable for any installation delays or any reduced or unsecured access to Customer’s network as a result of Customer’s unauthorized deviation from Fluid IT Services recommended network configuration. Any changes to Customer’s network must be implemented by Fluid IT Services so that Fluid IT Services can modify the Service, as necessary. Fluid IT Services will not be liable for any reduced or unsecured access to Customer’s network as a result of Customer’s unauthorized modifications to its network that adversely affect the
2.1 Fluid IT Service will perform the following functions:
- Based on the Services Customer has purchased, if there appears to be an issue with the Service features, Fluid IT Services will:
- Verify that the Service is
- Verify that firewall filtering policies are functioning properly, based on the rules provided by
- Verify that network address translation (“NAT”) is functioning correctly, if applicable
- Verify the de-militarized zone is handling traffic, based on the policy rules defined by Customer, if
- Verify that traffic passing through the Intrusion Detection and Prevention Services (“IDPS”) is being inspected for malicious activity and predetermined or targeted attacks, if applicable.
- Verify the Web and Content Filtering (“WCF”) services are filtering web access based on the rules as defined by Customer, if
- Verify that Internet Protocol Security (“IP Sec”) VPN or Secure Sockets Layer (“SSL”)
- Troubleshoot and resolve issues pertaining to the Service, including Fluid IT Services-provided
- Test, turn-up and management of managed security
- Provide initial consultation for network design with Customer, including:
- Network assessment via the Survey Document and all its associated network information.
- Network feasibility and network
- Recommendation of CPE.
- VPN remote access services, are functioning properly, if applicable.
- Verify that any IP Sec VPN tunnels are operational, if applicable
- At the Customer’s request, Fluid IT Services will assist in troubleshooting the VPN configurations within the following guidelines:
- Fluid IT Services is limited to troubleshooting from the interface on Customer’s CPE back to the Customer’s Internet Service Provider’s (“ISP”) network. Fluid IT Services will not be responsible for troubleshooting LAN issues that prevent connectivity to the CPE WAN
- Fluid IT Services will not be responsible for repairing any device or application other than the Fluid IT Services owned or leased CPE devices. If Customer has another Fluid IT Services managed service, the troubleshooting and repair of that Service will fall under the terms and conditions governing such other managed
- If the security of Customer’s network is being compromised, Fluid IT Services will work with Customer to close the affected IP address and port on the Customer may request Fluid IT Services to help identify the root cause of the compromise, but Fluid IT Services will in no way be responsible for removing malware from Customer’s infected machine(s) or patching those machine(s) with upgraded software. Fluid IT Services does not provide protection between CPE locations.
- Act as multi-tiered support for the
- Perform Configuration Change Management of VPN and the
- Provide 24 x 7 x 365 network monitoring of Services and Service
- Respond to all Move-Add-Change requests, some of which may require a new installation of Service.
- Perform trouble ticket management, including: logging and tracking and escalation of Customer reported Service troubles, if
- Perform Service management, including: software, patches and maintenance of the Customer’s CPE.
- Perform escalation process management: Fluid IT Services maintains required escalation paths and strives to keep them “in sync” with existing business
2.2 Fluid IT Services will NOT perform the following functions:
- Ensure that Customer’s applications are performing properly across the
- Assume responsible for the applications within the Customer’s LAN or traversing the
- Open trouble tickets for remote access end
2.3 Customer is responsible for the following:
- Designate technical points of contact to work with Fluid IT Services to lend support for a successful implementation.
- Provide Fluid IT Services with all required network information to successfully complete the Survey Document as a basis for the Service
- Enable Fluid IT Services personnel or Fluid IT Services designated party to access the Premise(s) as required for completing the Survey Document or CPE installation and trouble
- Cooperate in scheduling installations as required by Fluid IT Services personnel.
- Provide Fluid IT Services with a complete list of security
- Direct the Fluid IT Services engineers to open necessary ports according to how Customer’s servers are configured.
- Provide LANs that use the TCP/IP protocols required for connectivity to the ISP network.
- Configure, cable, install and support Customer LAN and provide necessary application software for such
- Provide application support for Customer LAN and all its servers and LAN
- Perform IT support and troubleshoot on Customer owned servers, workstations and Network devices.
- Perform configure, manage, maintain, and support of any equipment not expressly provided by Fluid IT Services for use with the Fluid IT Services Service.
- Designate an Administrator support contact for all remote access VPN end users and provide support to remote access VPN end users – Fluid IT Services will not open trouble tickets for end-users that utilize the remote access
- Maintain the performance of its applications across the
- With regard to Configuration Change Management, Customer will open a trouble ticket with Fluid IT Services helpdesk and provide all required configuration change information for assessment and impact onto the Customer Network. After evaluating, Fluid IT Services will provide recommendations, and if deemed feasible, Fluid IT Services will implement such changes. This includes notifying Fluid IT Services of any configuration changes on the Customer LAN Such configuration changes may impact the Fluid IT Services service and require evaluation by Fluid IT Services so that such changes can be taken into account as part of Fluid IT Services triage of issues and implementation of changes to the Fluid IT Services systems on Customer’s behalf.
- Network trouble-shoot responsibilities for customers utilizing Fluid IT Services CPE including addressing and resolving any Network troubles residing on the LAN Network side of the demarcation point including the Customer managed CPE. If Customer requests the troubleshooting services set forth above and Fluid IT Services has agreed to provide such services, Fluid IT Services will charge Customer at an hourly rate of $125.00 per Notwithstanding the foregoing, if, after the issue has been resolved, it is determined that the issue was due to Fluid IT Services (e.g., configuration, CPE issue), Customer will not be charged for the troubleshooting service. Fluid IT Services reserves the right not to offer this type of troubleshooting service, or to cease providing such service, to any customer for any reason.
3.0 Customer’s Representations and Warranties
3.1 Only Fluid IT Services is authorized to make changes to Customer’s Service, Fluid IT Services equipment or Service. Customer understands that, should it make any changes to its Service or its Fluid IT Services Service or any applicable third-party Internet access service or any VPN equipment or Service without Fluid IT Services authorization, that such changes may result in a lower level of security and may allow unsecured access to Customer’s network. In the event of any such unauthorized change, Customer acknowledges and agrees that it shall assume all risks and liabilities associated with or resulting from any such
3.2 Export Control. Customer acknowledges that the Service governed by the Agreement is subject to U.S. export laws and regulations and that any use or transfer of the Service must be authorized under those laws and Further, use of the Service outside of the U.S. may subject Customer and/or Customer’s End Users to export or import regulations in other countries. Without limiting the foregoing, goods, software or technical data related to the Service are prohibited for export or re-export to Cuba, Iran, Sudan, North Korea, Syria or foreign nationals thereof, or any other country that is subject to U.S. economic sanctions or comprehensive export controls restricting such export or re-export, as well as to persons or entities barred from engaging in export transactions by the U.S. Departments of Commerce, State or Treasury (see Country Group E at http://www.export.gov/ecr/eg_main_023148.asp, as such list may be updated from time to time). Customer represents and warrants that it will comply with such export controls set forth above. Customer is responsible for notifying its End Users of such restrictions and agrees to be responsible for End Users’ use. Customer will not use, distribute, transfer or transmit, directly or indirectly, information or any immediate product (including processes and services) utilizing the Service, except in compliance with U.S. export laws and regulations.
3.2.1 Secure Remote Access. The Service is available to roaming users internationally in any location where the Customer can obtain Internet access, except as described herein. Specifically, Customers utilizing the Secure Remote Access (“SRA”) feature of the Service are bound by the Export Control provisions set forth herein, as well as the provisions set forth in Fortinet’s End User Licensing Agreement.
4.0 Service Renewal and Termination Charges
4.1 Service Renewal Notwithstanding language in the Agreement to the contrary, unless a Party notifies the other Party in writing not less than sixty (60) days prior to the expiration of the then current Service Term that it does not intend to renew the Service for the same term as set forth on the Service Order pursuant to the rates, terms and conditions contained therein, the Service shall automatically renew on a annual basis. Customer acknowledges that the rates may be subject to change at any time after the initial term or any renewal term. Fluid IT Services will provide at least thirty (30) days advance notice to Customer of any additional rate changes. Customer’s continued use of the Service beyond the notice period will constitute its acceptance of the revised rates.
4.2 Termination Notwithstanding language in the Agreement to the contrary, if Service is terminated after it has been activated, including termination of Services by Fluid IT Services due to Customer’s non-payment of charges due under the Agreement, Customer shall be liable for all charges, which Customer agrees is reasonable, associated with the Service ordering and installation as well as for the monthly recurring charges for the remaining term of the Service Order, unless the Service does not meet the specifications set forth herein.
5.0 SOFTWARE LICENSE
5.1 Customer agrees not to reproduce, modify, translate, transform, decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code from any Fluid IT Services or third party software, or to permit or authorize a third party to do Title to such software, and all related technical know-how and intellectual property rights therein are and will remain the exclusive property of Fluid IT Services and/or its suppliers. Customer must not take any action to jeopardize, limit or interfere in any manner with Fluid IT Services and its supplier’s ownership of and rights with respect to any licensed software.
5.2 FLUID IT SERVICES DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE DELIVERY, INSTALLATION, SUPPORT OR USE OF ANY SOFTWARE. FLUID IT SERVICES ASSUMES NO OBLIGATION TO CORRECT ERRORS IN ANY SOFTWARE. CUSTOMER UNDERSTANDS AND ACCEPTS ALL RESPONSIBILITY FOR ANY SOFTWARE MEETING CUSTOMER’S REQUIREMENTS OR EXPECTATIONS.
6.0 Web and Content Filtering with User Profile Feature.
In the event Customer orders the Service with the Web and Content Filtering with User Profile feature, Customer will be required to follow the processes provided by Fluid IT Services for the configuration of this feature, including the installation of software, as well as agree to additional terms related thereto.
7.1 Fluid IT Services-Provided Equipment. Equipment provided by Fluid IT Services and delivered to Customer is only to be used in conjunction with the Service and Customer is not authorized to use the equipment for any other purpose. Customer is obligated to comply with all documentation and manufacturer’s instructions that accompany such equipment as strict adherence to technical documentation is required for warranty pass-through. Any violation of the preceding sentence will be considered a Default pursuant to the terms of the Agreement. Customer will take all reasonable measures to protect and care for the equipment as it would its own Customer shall be responsible for all loss, damage or destruction of the equipment from the date of delivery to Customer’s Premise until the date the equipment is removed from Customer’s Premises by Fluid IT Services or its contractors or agents. Upon termination or expiration of the Agreement, the equipment must be in the same condition as when originally delivered, normal wear and tear accepted. If equipment cannot be recovered by Fluid IT Services, or if equipment is damaged beyond the ordinary wear and tear resulting from its use, Customer will be liable to Fluid IT Services for either the replacement value of the equipment or its repair costs, both of which shall be determined by Fluid IT Services. Under no circumstance may Customer or its employees, agents, contractors or subcontractors move the equipment furnished as part of the Service outside of the facility in which it was installed without prior Fluid IT Services approval.
7.2 Fluid IT Services shall furnish service and support of Fluid IT Services provided equipment only during the Service Term, provided that the equipment is used by Customer in compliance with these terms and
7.3 Fluid IT Services will retain sole administrator privileges for hardware and software delivered under the Service. Customer may request limited read-only access.
© 2017 FMR Consulting, LLC, a Texas limited liability company d/b/a Fluid IT Services.