Hardware as a Service Addendum

1.HaaS Lease Agreement

This Hardware as a Service Lease Agreement ("Haas") is a contractual agreement between iDatam LTD and the Client for the Lease or Lease to own specific computer hardware equipment. The equipment is exclusively located, managed, and supported within an iDatam LTD facility.

2. Term

The duration of the Haas agreement is determined upon the execution of a valid Service Order Form ("SOF") and extends for 12, 24, or 36 months, respectively. Upon the expiration of the initial Term, the agreement undergoes automatic renewal for an additional Term. The Client has the option to take full possession of the hardware or to continue its use monthly with no Buyout provision.

3. Client Buyout

Upon execution of the Service Order Form, the Client has the option to purchase the hardware at the end of the Term if the Lease to Own option is specified on the Service Order Form. The Client must elect on the relevant Service Order Form to either buy the specified hardware at the agreed-upon Term's conclusion or continue usage every month. The Buyout price is one dollar ($1.00) for each specified piece of hardware. Each SOF involving leased Hardware constitutes a separate lease-to-own agreement, binding upon execution by the Parties, their successors, legal representatives, and permitted assigns. The terms herein and in such SOF or Order Forms govern the lease to purchase and use the Hardware.

4. Monthly Payment

The Client is responsible for paying the specified monthly fee as outlined in the Service Order. A Setup fee, equivalent to one monthly payment of the Hardware as a Service Agreement, may be incurred. Interest on past-due balances will be 10% per month.

5. NO PREPAYMENT PENALTY

If the Client opts for a Lease to Own arrangement, no prepayment penalty is applicable. Lessee may purchase the relevant Hardware before the HOF's expiration by paying all monthly rental amounts in advance. Upon receipt of all owed funds, Lessor will transfer all rights, title, and interest in the applicable Hardware subject to sale.

6. Installation and Use of Equipment

As chosen by the Client, iDatam LTD will furnish suitable facilities and electricity in one of its managed facilities. The Client will retain possession of the equipment in a licensed space, removable from an iDatam LTD facility only upon Buyout. iDatam LTD will handle all alterations, upgrades, and modifications to the Equipment.

7. Maintenance, Repairs, and Best Effort Support

The monthly service payment includes all costs for hardware, software, operating systems, and necessary labor to maintain the Equipment Schedule(s) listed in the Service Order Form. iDatam LTD will provide Best Effort Support, while the Client is responsible for:

  • Using all Equipment lawfully.
  • Ensuring adequate backup for critical business data stored on computer hardware.
  • Allowing only iDatam LTD to determine appropriate software updates. Any maintenance by others may result in additional charges for labor-related repairs.

8. Service Level Agreements (SLA)

The iDatam LTD Service Level Agreement ("SLA") governs the use of the iDatam Hardware as a Service (“HaaS”) under the Master Service Agreement (the "MSA") between iDatam and its Clients. We reserve the right to amend this SLA in line with the MSA.

  • REPLACEMENT
    • A 4 Hour Hardware Replacement Guarantee is provided. iDatam will replace failed hardware located within iDatam's data center within 4 hours of identification and Client notification of the failure.
  • COMPENSATION
    • Failure to replace hardware within 4 hours will result in iDatam crediting Client for one day of their monthly hosting charges. Additional credits are given for every four-hour block beyond the initial guarantee, up to 100% of the monthly payment if needed. Requests for credit must be submitted within 7 days of hardware replacement.
  • DISCLAIMER
    • Please note that the replacement guarantee applies solely to the failed hardware. Time taken to reload the operating system and applications, apply data restorations, and backups, if required, is not counted towards the hardware outage.

9. Hardware Replacement

In case of hardware operational issues, the Client shall open a support ticket with iDatam LTD Support at support@datam.com iDatam LTD will respond to service requests within four hours and repair or replace the faulty hardware as needed. Any repairs due to misuse or third-party intervention will be at the Client's expense. iDatam LTD retains discretion in determining necessary hardware upgrades and any subsequent increase in the Client's monthly fees.

10. System Backups

The Client is accountable for conducting routine backups of their content to a remote location. iDatam LTD bears no responsibility and waives liability for data loss due to system or hardware failure.

11. Guaranteed Response Time

iDatam LTD guarantees acknowledgment of any service request within four hours.

12. Ownership and Inspection

The computer hardware remains in the Client's possession at all times, subject to Buyout. It is understood that the Equipment is separately identifiable personal property.

  • The Client must keep the Equipment free of any liens or encumbrances.
  • iDatam LTD or its agents retain access to the Equipment at reasonable times for inspection or other purposes as per this Agreement.
  • Any damage or loss concerning the Equipment must be promptly reported to iDatam LTD.

13. Security Interest

iDatam LTD holds a security interest in computer hardware. In case of Client default, iDatam LTD reserves the right to repossess all provided computer equipment, regardless of Order or Service Order(s).

14. Default

The Client defaults if:

  • Failing to pay any installment of the Monthly Payment.
  • Attempting to sell, trade, or exchange the Equipment with a third party.
  • Failing to comply with other obligations outlined in this agreement.
  • Ceasing business operations.

In case of default, the Consultant may take various actions, including but not limited to terminating the agreement and reclaiming the equipment.

15. TERMINATION

Upon Lease termination, Lessee must return the Hardware to Lessor at Lessee's expense. The Hardware should be in the same operating order, repair, condition, and appearance as during the Installation Date, excluding reasonable wear and tear. Lessee shall arrange and pay for any necessary repairs for the manufacturer to accept the Hardware under contract maintenance.

At Lease to Own termination, Lessee shall purchase all applicable equipment detailed in the relevant HOF. Upon Buyout, the Lessee shall own the purchased hardware. Lessor will promptly provide all documentation for hardware conveyance and deliver it to Lessee as designated by Lessor.

Lessee must comply with all governmental laws, regulations, and insurance requirements concerning the Hardware's use, maintenance, and operation.

16. MISCELLANEOUS CHARGES

Lessor is responsible for all costs and expenses related to this Agreement or the Hardware, except as specified otherwise herein.

17. WARRANTIES

  • Lessor will, at Lessee's request and expense, enforce any rights against the manufacturer concerning the Hardware.
  • EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONDITION, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PATENT INFRINGEMENT OF THE HARDWARE. THE LESSOR IS NOT LIABLE TO THE LESSEE FOR ANY CLAIM, LOSS, OR DAMAGE, INCLUDING INTERRUPTION OR LOSS OF SERVICE OR BUSINESS, ARISING FROM OR IN CONNECTION WITH THE HARDWARE.

18. DEFINITIONS

  • "Installation Date": Date of Hardware installation at Lessee's site.
  • "Commencement Date": Date specified on the HOF where

Colo Services Addendum

1. Facility Licensed Collocation Service Level Agreements (SLA)

The iDatam Service Level Agreement ("SLA") governs iDatam Colocation's use as per the Master Service Agreement (MSA) between iDatam, LLC., and its Clients. This SLA abides by the MSA terms, with changes subject to MSA.

  • 100% Infrastructure Uptime
    • iDatam ensures uninterrupted data center HVAC and power operation, except during scheduled maintenance. Any downtime due to power, heat, or humidity issues with critical system equipment is considered infrastructure downtime.
  • Monitoring
    • Clients must monitor services and promptly inform iDatam via email at support@iDatam.com of any identified failure events. iDatam initiates a response within 15 minutes based on the Client-provided response plan.
  • Power
    • Primary Circuit vs. Primary and Secondary Circuit
      • Clients have the option to procure power from Primary/Secondary systems for enhanced redundancy, strongly recommended for mission-critical uptime. The total amperage across both circuits in a Primary/Secondary setup must not exceed 40% of their combined total load. iDatam provides outlets for both Primary and Secondary Power drops, but it's the Client's responsibility to employ redundant power supplies or an Automatic Transfer Switch (ATS) for outage failover. iDatam holds no responsibility for Client equipment performance during transitions.
    • Primary Power Quantity Availability
      • In a Primary power scenario, the client will receive up to 80% of a breakered circuit, complying with the 2008 NEC Section 210-19a. In the case of Primary/Secondary power, the allocation reduces to 40% of the total breakered circuit.
    • Credit Schedule for Power
      • The following table outlines the Client’s exclusive remedy in case of failures to meet Facility Service Level Objectives in data center colocation services
    00:00:01 – 00:10:00 1% 25%
    00:10:01 – 01:30:00 5% 35%
    01:30:01– 08:00:00 10% 50%
    08:00:01 – 16:00:00 20% 75%
    16:00:01 – 24:00:00 30% 100%
    24:00:01 – 32:00:00 40% 100%
    32:00:01 – 48:00:00 50% 100%
    48:00:01 or greater 100% 100%
    • Time accumulation initiates as per section 1.E: Service Level Credits.
    • Service Level Credit is provided as a percentage of Total Monthly Recurring Charge for Datacenter Colocation Services.
  • Temperature and Humidity
    • Clients must monitor services and promptly inform iDatam via email at support@idatam.com of any identified failure events. iDatam initiates a response within 15 minutes based on the Client-provided response plan.
      • Temperature
          iDatam maintains a service level objective to sustain an ambient temperature of 72 degrees Fahrenheit, plus or minus 5 degrees (72°F ± 5°F), measured at the closest supply grill, at all times. The client is responsible for monitoring temperature variations that could warrant a credit and must request on-site staff to measure the temperature.
      • Humidity
          The service level objective of iDatam is to uphold an ambient humidity of 45 percent, plus or minus 15 percent (45% ± 15%) consistently. The client needs to monitor humidity changes that could lead to credit and request measurement by on-site staff.
      • Credit Schedule for Temperature and Humidity SLA
          The subsequent table outlines the Client’s exclusive recourse in case of failures to meet the Facility Service Level Objectives in data center colocation services:
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Temperature Occurs when the ambient air temperature falls outside the defined range for four (4) consecutive hours after the initial temperature reading outside that range. 5% of the total monthly recurring charges for datacenter colocation services of the Client area for each six (6) hour period during humidity failure. 10% of the total monthly recurring charges for datacenter colocation services of the Client area for each consecutive six (6) hour period during critical humidity failure.
      Temperature: Critical Failure Occurs when the ambient air temperature average at the nearest supply grill is eighty-seven degrees Fahrenheit (87°F) or higher. 10% of the total monthly recurring charges for datacenter colocation services of the affected Client area for each consecutive four (4) hour period during critical temperature failure.
      Humidity Occurs when the ambient air relative humidity average is outside the range of forty-five percent (45%), plus or minus fifteen percent (15%) six (6) hours after the primary humidity reading fell outside that range. 5% of the total monthly recurring charges for datacenter colocation services of the Client area for each six (6) hour period during humidity failure.
      Humidity: Critical Failure Occurs when the ambient air relative humidity average is over sixty-one percent (61%) six (6) hours after primary humidity reading was over sixty-one percent (61%), causing condensation in the Client area. 10% of the total monthly recurring charges for datacenter colocation services of the Client area for each consecutive six (6) hour period during critical humidity failure.
  • Service Level Credits
        • A Service Level Failure starts upon iDatam’s receipt of a detailed incident report from the Client and ends when the affected service is operational.
        • Service Level Credits will be visible on the Client’s invoice following processing and will be calculated as a credit to the Monthly Recurring Charges.
        • No Service Level Credits for network services in bundled packages or for service interruptions caused by the Client, equipment failure provided by the Client, lack of access to service premises, planned maintenance, or implementation of Client orders.
        • The maximum credit for iDatam's failure to meet its Facility Service Level Agreement is limited to the total monthly recurring charge for datacenter colocation services by the Client for the month of the failure.

1. Network SLA

This Network SLA applies solely to clients utilizing iDatam network services. If the Client uses a third-party carrier, iDatam's Network SLA does not apply, and the Client relies solely on that carrier's SLA.

  • 100% Network Uptime Guarantee
    • iDatam assures 100% network availability during the billing cycle, excluding scheduled maintenance and promotional bundles involving bandwidth. No credit is provided if downtime results from specific causes detailed in the agreement.
  • REPORTING REQUIRED
    • Clients must report downtime incidents to iDatam via email to support@idatam.com or submission through iDatam’s portal at https://billing.idatam.com within three (3) days of the event's start. Only one event per report is allowed. Please include the service type, IP Address, and a comprehensive description of the service interruption, including logs if applicable. Downtime officially commences when iDatam receives the email "ticket" confirming an outage, and it concludes when iDatam, at its sole discretion, resolves the issue.
  • EXCLUSIONS
    • Clients currently behind in payments for their accounts or who have been late three or more times in the previous 12 months do not qualify for an SLA credit for Downtime. Valid SLA claims cannot be credited if a Client has outstanding abuse issues. However, once the Client resolves their abuse issues, iDatam will gladly credit all valid claims. Making false or repetitive claims may incur a $50 fee per incident and may violate the account's Acceptable Use Policy and Terms and Conditions. Clients engaging in malicious or aggressive Internet activities such as attacks or counter-attacks are in violation of the Acceptable Use Policy and Terms and Conditions and therefore are not entitled to SLA credits.
  • SUPPORT
    • iDatam guarantees a 20-minute response time from its professionals to Client support tickets or inquiries submitted to support@idatam.com

2. Representations, Warranties, and Covenants

  • Client
    • Commits to complying with all laws, rules, and regulations of iDatam, LLC (iDatam).
    • Will not disrupt or interfere with any other tenant or occupant of the facility.
    • Must own or maintain legal right/authority to any Client equipment covered by this agreement.
    • Will not use any Client equipment or services provided to infringe upon intellectual property rights.
    • Will use Client equipment in the Client Area in compliance with manufacturers' environmental and other specifications.
    • Will not use the facility or services for dangerous activities or life-critical applications.
    • Assumes sole responsibility for data maintenance, integrity, retention, security, and backup of Client content and compliance with security, privacy, legality, and safe handling of data.
  • iDatam
    • Has the legal right and authority to grant the Client a license to use the Client Area for purposes described in this agreement.
    • Will maintain the legal right and authority for the same purpose.
    • Commits to complying with all federal, state, local, and international laws while providing services.
    • Will adhere to any agreed-upon SLA while providing services.
    • Will maintain reasonable physical security to protect Client content.
    • Will not permit or authorize any third party to subject the Client or any applicable party to claims, liens, or encumbrances.
    • Maintains ownership of the iDatam website, services, intellectual property, software, interface, content, logos, brands, and marks.
    • Retains ownership of all items installed in the Client Area except for Client-owned equipment.
  • Disclaimer
    • With the exception of the representations, warranties, and covenants detailed above, iDatam provides services and space to the Client on an "as-is" basis. The use of these services by the Client is at their own risk. iDatam does not make guarantees or warranties, including but not limited to, tenantability, habitability, merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising from the course of dealing, use, or trade practice. iDatam does not warrant that the facility services provided under this agreement will be uninterrupted, error-free, or completely secure.
    • Both parties affirm that they have not engaged with a broker or referrer not recorded on the SOF. In the event that a person or entity other than the recorded broker/referrer claims a finder's fee, brokerage commission, or other compensation for acting in that capacity, the party claimed to have brokered for indemnifies the other party against any claims, costs, expenses, and liabilities associated with that claim. This includes, but is not limited to, attorney's fees and court costs for defense of the claim.

3. Insurance

  • Our insurance
    • iDatam carries comprehensive general liability insurance of not less than $1 million per occurrence for bodily injury and property damage.
    • iDatam carries employer's liability insurance as required by law.
  • Client's insurance, policy requirements, and assurances
    • Client will maintain comprehensive general liability insurance of not less than $1 million per occurrence for bodily injury and property damage.
    • Client will maintain employer's liability insurance of not less than $1 million per occurrence.
    • Client will carry worker's compensation insurance as required by law.
    • Client will insure their equipment.
    • Client's agents, contractors, and subcontractors will maintain insurance as required by law.
    • Client will ensure that iDatam is notified 30 days before any changes, cancellations, or limit adjustments are made to insurance policies (cancellation or modification does not alter Client's obligation to maintain coverage).
    • All policies will be written on a "per-occurrence" policy form.
    • Client assumes all risks of damage or injury caused by events originating from Client, Client's agents, or employees and waives all such claims against iDatam unless caused by negligence or willful action by iDatam, its agents, or employees.
    • iDatam is not liable for loss or damage to Client, Client's agents, or Client's employees' property unless caused by negligence or willful action by iDatam, its agents, or employees.
    • Client will promptly report any fire, accident, or defect discovered in the Client Area or the facility to iDatam.

4. Alterations to Client Area:

If outlined in the Client SOF, the Client may undertake work in the Client Area or designate someone to perform such work. The following provisions govern this work:

  • The Client will perform or authorize designated work described in the SOF and will pay for it promptly, keeping the facility and Client Area free from liens or claims for the alterations performed.
  • The Client may not interfere with work conducted by iDatam, its employees or agents, or other Clients.
  • The Client will provide proof of insurance as required before commencing any work and assumes responsibility for damages or risks arising from the designated work.
  • Design plans will be submitted to iDatam for approval, adhering to rules, regulations, and safety standards. iDatam will review plans promptly and notify of any objections, and upon approval, these plans become Final Plans.
  • Upon termination of this agreement, all improvements or modifications made to the real estate become a part of iDatam's real property and are owned by iDatam. The Client retains the right to remove movable furniture, hardware, materials, and trade fixtures.
  • iDatam does not warranty any work carried out in the Client Area by the Client, the Client's agents, or employees, even if final plans have been approved by iDatam.
  • iDatam reserves the right to establish requirements regarding work conducted in the Client Area, including but not limited to mandating that the Client:
    • Utilize a licensed contractor.
    • Provide details and background information about engineers, contractors, subcontractors, and suppliers.
    • Obtain and display necessary permits.
    • Furnish a payment bond or another form of credit guarantee to iDatam.
    • Submit conditional and final lien waivers as per Arizona law for involved professionals.
    • Permit iDatam to inspect the work under reasonable notice.
    • Employ a contractor chosen by iDatam for any work affecting the fire detection system.
    • Adhere to reasonable insurance coverage requirements.
    • Complete the work within a reasonable timeframe.

5. Casualty and Condemnation:

  • Casualty
    • In case of damage or destruction to the Client Area by fire or other casualty, iDatam will restore it to its original condition at the commencement date. iDatam is not obliged to repair or replace Client's fixtures, furnishings, equipment, or personal property.
    • iDatam may begin repairs once a substantial portion of the insurance proceeds becomes available but is not obliged to spend more than received.
    • Insurance proceeds will be received and held by iDatam.
    • If damage or destruction is not covered by iDatam-maintained insurance, or exceeds 25% of the replacement cost, or occurs in the last year of the term, termination options are available to Client or iDatam. The terminating party must provide notice within 60 days, and iDatam retains any insurance proceeds for the Client's Area.
    • If the agreement continues, fees may be reduced until restoration is completed.
    • If a mortgagee requires insurance proceeds to be applied to indebtedness, iDatam can terminate the agreement with written notice, changing the expiration date.
    • Client waives statutes that allow fee abatement or termination except as specified in this section or elsewhere in the agreement.
  • Condemnation
    • If the Client Area is taken by eminent domain, condemned, reconfigured, or requires reconstruction due to adjacent property changes, either party can terminate the agreement.
    • The terminating party provides written notice within 45 days, within 180 days of the relevant event.
    • iDatam is entitled to any awards or payments connected with such an event.
    • Client can file separate claims for their personal property or fixtures, as long as it doesn't diminish iDatam's award and is payable separately.

Managed Services Addendum

  • AGREEMENT
    • This addendum, referred to as the Technical Addendum, outlines the Managed Services offered by iDatam for the management and monitoring of client infrastructures and environments (the "Services"). iDatam LLC commits to providing the Services detailed in this agreement through its internal support department. The Agreement between Client and iDatam delineates the service description and obligations governing iDatam's provision or delivery of Services to the Client and the Client's utilization of those Services. Managed Services are rendered by iDatam under the Master Service Agreement ("MSA"), incorporated herein by reference, alongside these terms and conditions. This Agreement encompasses the terms and conditions presented herein, the MSA, and any other pertinent terms and conditions for additional iDatam Services ordered or utilized by the Client, fully incorporated herein (collectively, the "Agreement"). In case of a conflict between the Terms and Conditions and a Custom Statement of Work ("SOW"), the SOW shall take precedence.
  • THE SERVICE
    • The Service outlined herein, along with optional customized services, aims to specify the particular support services, activities, and deliverables provided to the Client by iDatam through this Managed Services offering. iDatam will supply the Services described below and/or any supplementary customized services outlined on the Service Order Form ("SOF") or Statement of Work ("SOW") for which iDatam has received the appropriate fee.
    • Three (3) managed services packages are available:
      • Basic
      • Advanced
      • Custom
        • Basic Package Features
          • Incorporates all server and network management capabilities specified in the Technical Scope
          • Availability Monitoring for up to five custom services per managed server or VM
          • Choice of one out of six (6) predefined patching windows
          • Weekly provision of server performance statistics via email
          • One (1)-hour First Meaningful Response SLA
        • Advanced Package Features
          • Availability Monitoring for an unlimited number of custom services per managed server or VM
          • Ability to define a custom patching window for the account, except during off-limits hours specified by NOC Services as 7:00 a.m. to 12:00 p.m., MST
          • Inclusive of up to one (1)-hour of custom work per month; Custom work denotes non-automated, customer-requested work
          • Weekly automated email provision of server and network performance statistics
          • Proactive troubleshooting and attempted resolution, beyond standard customer escalation
          • 30-minute First Meaningful Response SLA
        • Custom Package Features
          • Encompasses all server and network management capabilities delineated in the Technical Scope, along with additional capabilities and responsibilities defined in a customer-specific SOW
          • Availability Monitoring for an unlimited number of custom services per managed server or VM
          • Ability to define a customer patching window per application or service group as outlined by pre-sales engineering in the SOW, except during off-limits hours specified by NOC Services as 7:00 a.m. to 12:00 p.m., MST.
          • Inclusive of up to three (3) hours of Custom Work per month; Custom Work signifies non-automated, customer-requested work
          • Proactive troubleshooting and attempted resolution, in addition to standard customer escalation
          • 30-minute First Meaningful Response SLA
  • TECHNICAL SCOPE
    • Monitoring Services
      • Monitor various performance metrics, application services, and availability via ICMP pings, host agents, and SNMP trap collection.
      • 24x7x365 device monitoring
      • Tracking CPU, Memory, Disk, System load
      • Monitoring System Uptime
      • Basic Up/Down ICMP pings
      • Port monitoring
    • Managed Servers
      • Operating Systems: Windows (2008/2012), Linux (CentOS, Ubuntu, Debian), ESXi
      • Addressing hardware and operating system issues:
        • Assisting with how-to questions
        • Password resets
        • System/Network up/down issues
        • Handling Rack and Stack requests
        • Diagnosing HDD using SMART diagnostic tools
        • RAID diagnostics using vendor-defined RAID tools
        • Configuring front-end and back-end ports
        • Updating and/or resolving file system issues
      • Control Panel issues (cPanel/Plesk):
        • Updating Control Panel configurations
      • LAMP stack:
        • Addressing OS-level issues, web-application stack issues, HTTP response analysis, and debugging
        • Handling Caching/load balancing issues
        • Addressing Apache setup and configuration issues
        • Handling Vhost configuration issues
      • Network connectivity issues:
        • Addressing speed/duplex synchronization
        • Setting up VLANs
        • Configuring Front-end/Back-end port setup
        • Frontend IP addressing
        • Frontend OSPF configurations
      • Server/network latency issues:
        • Analyzing traceroutes
        • Examining ICMP packet data
        • Mitigating DOS/attack vectors via packet filtering
      • Remote Hands Support
    • Managed Firewall
      • Creating and managing users and permissions
      • Configuring connections (assigning public IPs)
      • Configuring private networks
      • Creating objects
      • Basic NAT setup and configuration
      • Establishing basic security policies
      • Managing critical firmware updates
      • Maintaining current and three (3) previous device configurations
    • Managed Switch
      • User creation and management
      • Setting up SSH management connections
      • Configuring management connections
      • Basic network management:
        • Adding/removing IPs
        • Adding/removing VLANs/VEs
        • Adding/removing static routes
      • Addressing port-related issues (errors, bouncing, protection)
      • Managing critical firmware updates
      • Maintaining current and three (3) previous device configurations
    • Patch Management
      • Critical Operating System and security patches
      • Operating systems (Windows 2008/2012, CentOS, Ubuntu, ESXi)
      • Applications (Apache/IIS, cPanel/Plesk, PHP, MySQL, Java, Tomcat)
      • Identifying and downloading patches
      • Deploying patches during pre-defined maintenance windows in the client's production environment
      • Notifying the Client upon completion
      • Executing rollbacks when necessary using commercially reasonable efforts
      • Managing Domain Name Services and SSL Certificates
      • Registering and managing domain names through iDatam DNS servers
      • Addressing external name resolution and reverse lookup resolution issues
      • Managing SSL registrations and renewals
  • SERVICE LEVEL AGREEMENT
    • iDatam's managed services offering adheres to the Service Level Agreement ("SLA") addendums. Refer to the relevant SLA addendum for credit information.
  • DISCLAIMERS
    • The iDatam managed services offering is extended to Clients of iDatam. Clients are responsible for providing all necessary credentials to access their environments. Clients affirm that all hardware and software owned or leased by them are in good working order. iDatam does not perform a health test on the Client environment before executing the Services as described herein. In the event iDatam determines that the client environment was not in good working order before or during the delivery of the Service, additional charges may apply. Client modifications and all related requests concerning this offering should be submitted to iDatam via the standard support ticket process outlined in the MSA at support@idatam.com
  • LIMITATION OF LIABILITY
    • IN NO EVENT WILL iDatam BE LIABLE FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THE MASTER SERVICES AGREEMENT, MANAGED SERVICES, OR ANY THIRD-PARTY SOFTWARE. iDatam SHALL NOT BE LIABLE FOR ANY PROGRAMS OR DATA USED WITH THE THIRD-PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROGRAMS OR DATA OF ANY KIND OR THE COSTS OF RECOVERING SUCH DATA. THE TOTAL CUMULATIVE LIABILITY OF iDatam IN CONNECTION WITH THIS AGREEMENT AND ANY SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID FOR THE SERVICES BY THE CLIENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. CLIENT ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK AS SET FORTH IN THIS AGREEMENT AND THAT iDatam WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL BE INTERPRETED BROADLY TO LIMIT THE LIABILITY OF iDatam.

    Security Services Addendum

  • INTRODUCTION
    • iDatam's Security Services offering provides Clients with a scalable information security solution capable of identifying and alerting potential security threats against a Client's environment. This proprietary system incorporates state-of-the-art hardware, software, and security industry expertise to observe and monitor Client network(s), endpoint(s), and related events to detect anomalous actions and security risks.
  • AGREEMENT
    • This Security Services Addendum (“SSA”) outlines the specific terms and conditions under which iDatam (“iDatam”) will supply Information Security Services to the Client. The Master Service Agreement executed between iDatam and the Client fully incorporates the terms herein. By executing the Master Services Agreement, the Client accepts the terms and conditions stated herein. Capitalized terms used but not defined herein shall have the meanings set forth in the Master Services Agreement. The Initial Term length for this Service is stipulated on the applicable Service Order Form (“SOF”), executed by iDatam and the Client, referring to these Services. As referenced herein, “Agreement” encompasses this Security Services Addendum, along with the MSA and all policies and addenda incorporated herein by reference, including the Statement of Work (SOW), Responsibility Matrix (“RM”), Service Level Agreement (SLA), Acceptable Use Policy (“AUP”), and Privacy Policy (“PP”). These terms and conditions govern the Security Services Addendum.
  • GENERAL
    • iDatam will evaluate the Client’s current computer networking platform, hosting, and data security requirements, provided the Client has granted iDatam access. iDatam ensures that the agreed-upon Service(s) will interact with the Client’s platform, offering a secure environment in line with the specifications and industry standards detailed in the agreed Statement of Work (SOW).
    • Upon termination or expiration of the agreement between iDatam and the Client, the Client may choose to either renew the agreement or substitute iDatam Security Services with a third-party provider. Upon request, iDatam will make commercially reasonable efforts to transition the Client to the new provider swiftly, economically, and efficiently, ensuring a seamless and secure transition with minimal business disruptions.
  • SERVICES AND FEATURES
    • Data Purpose
    Feature Feature
    Feature Feature
    Feature Feature
    Feature Feature
    Feature Feature
    Feature Feature
    Feature Feature
    Threat Management Platform Utilizes security event logs from various sources, correlating logs with threat signatures to detect potential threats.
    Patch Management Automated scanning for system patches, hotfixes, and updates on supported operating systems.
    Critical Environment Leverages disaster recovery services for client servers, as defined in the agreed Statement of Work (SOW).
    Firewall Switch Manages firewalls and switches, ensuring compliance with industry best practices and proper documentation.
    Vulnerability Assessment Scans approved networks for vulnerabilities using automated tools or Certified Scanning Vendor services.
    Performance Monitoring Reports on performance trends, proactive monitoring, and analysis of performance metrics.
    End Point Security Manages security for server and end-user devices through anti- malware software.
  • BEST PRACTICES
    • iDatam will adhere to industry best practices in the development and deployment of Products and Services, maintaining appropriate systems security designed to protect Client Data. This includes implementing application vulnerability tests, secure electronic communications, and following safeguards to prevent unauthorized access or disclosure of Client Data.
    • Authentication
      • All access is verified using industry best practices, ensuring secure communication, and maintaining detailed logs of activities.
      • User identity is linked to unique credentials and fortified by a second-factor authentication method.
      • Industry-recognized standards for authentication controls are implemented.
    • Authorization
      • Strict controls are in place to permit authorized users to perform actions within their designated privilege level.
      • Access to protected resources is regulated based on roles or privilege levels.
      • Measures are taken to prevent and counter privilege escalation attacks in alignment with available technology standards and best practices.
    • Password and Account Management
      • Password practices follow the highest standards, including
        • Encryption through "hashing" and "salting" techniques
        • Enforcing complexity
        • Limiting failed login attempts
        • Prohibiting the storage and transmission of passwords in plain text
        • Password reset procedures do not transmit credentials
        • Commands requiring additional privileges are securely logged with time and date for comprehensive auditing.
    • Data Security
      • Data at Rest
        • Client Data is encrypted using industry-leading methods. Backup data follows the same stringent controls as production data.
      • Data in Transit
        • Client Data transmitted to or from the Client is encrypted using protocols like SSL, VPN, SFTP, or certificate-based authentication. Web-based transmission of Client Data uses SSLv3 or superior encryption protocols.
    • Multi-Tenancy
      • In a multi-tenant setting, robust security measures and cryptographic techniques are employed to safeguard and segregate Client Data from other tenants.
    • Administrative Access and Environmental Segregation
      • The Principle of Least Privilege is applied, ensuring limited access only to personnel essential for their job functions concerning Client Data.
      • Whenever possible, confidential data is masked using irreversible hashing techniques. Client Data is not replicated to non-production environments.
    • Threat Management
      • Intrusion Detection
        • iDatam implements and maintains intrusion detection at network and host levels, safeguarding iDatam Services and detecting unwanted or hostile network traffic. Continuous updates of intrusion detection software are carried out following the availability of updates from the software provider. Measures are in place to alert iDatam of any unusual or malicious activities within the system, with Client notification within twenty-four (24) hours of any significant intrusion affecting customer data.
      • Penetration Tests
        • Conducted at least annually through a Qualified Security Assessor (QSA), penetration tests identify risks, with reports and findings not publicly disclosed but made available upon request. Clients are not authorized to conduct vulnerability scans, assessments, or penetration tests against iDatam service infrastructure.
      • Infrastructure Security
        • iDatam configures infrastructure and platforms securely, including stringent audit logging practices, log duplication for offsite archival, and following industry best practices for network security, maintenance, and change control.
      • Vulnerability Management
        • Various scanning methods are employed, including perimeter scanning, internal infrastructure scanning, and malware scanning, along with secure configuration practices to mitigate system vulnerabilities.
    • Security Procedures
      • Incident Response
        • iDatam maintains policies and procedures for security incident management. In case of a breach impacting a client's environment or data, iDatam promptly notifies affected Client(s) within twenty-four (24) hours and conducts thorough investigations, taking remedial actions, and designating a Single-Point-of-Contact (SPoC) for client queries or concerns throughout the investigation.
      • Patch Management
        • iDatam employs a robust patch management process and toolset to ensure all servers remain updated with essential security and feature patches. A documented remediation process promptly addresses identified threats and vulnerabilities within the iDatam Service.
    • Employee Termination Procedures
      • Upon an employee's termination, iDatam promptly terminates all credentials and access to privileged password facilities, including Identity and Access Management Systems.
    • Governance
      • Security Policy
        • iDatam maintains a comprehensive written information security policy annually approved and communicated to all employees and relevant third parties. A dedicated security and compliance function oversees system integrity, risk assessment, and management in adherence to industry standards.
      • Security Training
        • iDatam ensures that all employees and clients complete necessary training, including security awareness training, on an annual basis at no cost to the client.
      • Security Reviews
        • An annual meeting between iDatam and the Client assesses the effectiveness of the security platform and discusses any updates or improvements in electronic data security.
      • Third-Party Audits and Compliance Standards
        • iDatam provides SOC2 or similar audit results to the Client within thirty (30) days of receipt.
        • Clients are allowed visits for due diligence and auditing on specific aspects of iDatam's operations.
        • Evidence of a successful SSAE No. 18 audit is furnished upon Client request.
        • iDatam complies with PCI-DSS and conducts vulnerability assessments annually through a Qualified Security Assessor (QSA).
    • Physical Security
      • Access to iDatam's facilities used in providing services is restricted to authorized personnel using industry-standard physical security methods, including restricted access key cards, visitor sign-ins, and burglar alarm systems.
    • Business Continuity
      • iDatam maintains a business continuity plan for the restoration of critical processes and operations. An annually tested disaster response plan aids in reacting to disasters efficiently.
    • iDatam Internal Systems Backup Management
      • iDatam performs full backups of internal systems and Client Data databases at least daily, retaining data for seven (7) years.
      • Off-site archival storage of backups on secure servers or media occurs weekly. Data backups are encrypted, sent off-site each business day, and stored securely for disaster recovery. Data is replicated across geographically dispersed data centers for recovery in the event of a data center failure. Backup policies include hourly snapshots, daily and monthly backups for efficient system recovery.
    • Right to Audit
      • The Client holds the right, or may engage a third party on its behalf, to visit iDatam's offices once a year, at its expense, for due diligence and auditing procedures on iDatam's business operations related to the iDatam Service. To safeguard the proprietary and intellectual nature of this access, the Client agrees to adhere to a Non-Disclosure Agreement and restrict the documentation or removal of information from iDatam's premises.
  • CLIENT RESPONSIBILITIES
    • Client shall promptly document and report all system errors or malfunctions covered under this agreement to iDatam. iDatam will furnish all necessary spare parts and/or hardware required to maintain its equipment necessary for fulfilling any service under this Schedule.
    • The Client agrees not to utilize any tangible or intangible resources provided by this agreement for unlawful purposes or against iDatam's Network Abuse Policy and/or Acceptable Use Policy, as outlined on its website.
    • Customer acknowledges that iDatam's performance and delivery of Services are contingent upon: (A) providing safe and hazard-free access to its personnel, facilities, equipment, hardware, network, and information, and (B) timely decision-making, provision of accurate information, and reasonable assistance, including granting approvals or permissions, necessary for iDatam to perform and deliver the Services. iDatam will be excused from its failure to perform its obligations under this Addendum if such failure is solely caused by Customer’s delay or failure in performing its responsibilities under this MSA and/or the Service Order/SOW.
  • STATEMENT OF WORK; RESPONSIBILITY MATRIX
    • A Statement of Work ("SOW") and Responsibility Matrix (“RM”) will detail the specific duties, scope, locations, deliverables, standards, activities, and general requirements for any Information Security Service offered by iDatam to a Client.
  • SERVICE LEVEL AGREEMENT (SLA)
    • The following iDatam Service Level Agreement ("SLA") is a policy governing the use of the iDatam Security Services under the terms of the Master Service Agreement (the "MSA") between iDatam, LLC., and Clients of iDatam. Unless otherwise provided herein, this SLA is subject to the terms of the MSA, and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the MSA.
    • Service Types, Priority, and Response Times
    1. Priority (Critical) 20 Minutes 2 Hours A genuine issue has emerged that seem significantly influence the commerce or client information. This issue is noteworthy, causing a major affect that's highly discernible within the day-to-day operations of the commerce. Shockingly, there's right now no accessible workaround to address this issue.
    • A widespread and prolonged DDoS attack is a significant issue.
    • A significant situation has arisen, involving the loss of crucial resources and the potential loss of crucial information.
    2. Priority (High) 1 Hour 4 Hours A noteworthy chunk of the company's operations are being disrupted.  It is evident that the issue contains a enormous affect on the client and their ordinary trade operations.Thankfully, there's a tried-and-true workaround accessible.
    • Actions taken against recognized threat indicators
    • Malware that is seeking to interact with its command and control center has been linked to suspicious conduct.
    3. Priority (Medium) 4 Hour 8 Hours There is little visibility into the problem, and only a small percentage of the client's business is affected. The system might still be in service, but it might be operating at a lower capacity. As an alternative, a dependable and tested workaround for the problem is in place. Evidence of malware activity has been linked to reputable harmful sources like Coreboot and Zeus. The exposure to this activity is constrained, though.
    4. Priority (Low) 1 Business Day 1 Day Customers only need to adhere to the offered workaround in order to preserve full functionality and experience regular performance. There are signs demonstrating that harbour checks or other surveillance exercises have been identified.
    1. Service Commitment
      • iDatam will make commercially reasonable efforts to ensure Security Services are available with a Monthly Uptime Percentage of 100%, excluding scheduled maintenance periods. Upon receipt of an alert, iDatam will "acknowledge" the incident impact and proposed mitigation actions within the specified timeframes.
      • If iDatam does not meet the Monthly Uptime Percentage commitment, the Client will be eligible to receive a Service Credit as described below.
    2. Service Credits
      • If, during a Service Month, the Monthly Uptime Percentage for a Client falls below 100%, that Client qualifies to receive a 10% Service Credit for each thirty (30) minute period of Security Services Unavailability, up to a maximum equivalent to one full month’s billing. For determining Service Credits, the Client is eligible only for Service Credits related to the unavailability of:
        • InfraSentry: Monitor Threat Detection Service
        • InfraSentry: Sophos-related "Advanced Persistent Threat" tools
      • iDatam will apply any Service Credits against future payments due from the Client, considering the Service that was least available during the Service month, provided that:
        • iDatam may issue the Service Credit to the Client's account for the Service Month when the Unavailability occurred.
        • The Client is up to date with all payment obligations as stipulated in the Agreement.
      • Service Credits do not entitle the Client to any refund or other payment from iDatam and cannot be transferred or applied to any other account. Unless otherwise specified in the Agreement, Service Credits are the Client's sole and exclusive remedy for any Service unavailability or non-performance.
    3. Credit Request and Payment Procedures
      • To qualify for a Service Credit, the Client must submit a request via email to noc@iDatam.com. For eligibility, the credit request must:
        • Have "SLA Service Credit Claim" in the email subject line.
        • Contain the Client's Organization name or Client ID, along with dates, times, and duration of each claimed Unavailability Period.
        • Include any supporting documentation corroborating the Client's claimed Unavailability.
        • Reach iDatam within thirty (30) calendar days of the last day reported in the Unavailability claim.
      • If iDatam confirms that the Monthly Uptime Percentage of such request is below 100% for the Service Month, iDatam will issue the Service Credit to the Client within one Service Month after confirming the request. Failure to provide the required request and information will disqualify the Client from receiving a Service Credit. iDatam's data and records will be the sole determinant for validating claims due to Unavailability.
    4. Exclusions
      • The Service Commitment does not cover unavailability, suspension, or termination of Security Services, or other performance issues:
        • Caused by factors beyond iDatam's reasonable control, including force majeure events or Internet access problems beyond the iDatam Network Demarcation Point.
        • Arising from Client or third-party actions or inactions.
        • Resulting from Client equipment, software, or other technology, or third-party equipment, software, or other technology beyond iDatam’s direct control.
        • Due to individual function, feature, infrastructure, or network connectivity failures.
      • If availability is affected by factors not explicitly listed, iDatam may, at its discretion, issue a Service Credit considering such factors.
    5. Disclaimer
      • If iDatam misses the SLA goal due to issues with Client behavior, performance, or Client’s equipment, iDatam cannot provide a credit. Moreover, circumstances beyond iDatam's reasonable control, such as acts of any governmental body, terrorism, war, or other events, exempt iDatam from liability.
  • DISCLAIMERS
    • No Product Warranty
      • iDatam does not provide express or implied warranties of product merchantability or fitness for any particular purpose. While services are designed for resilience, the Client is responsible for disaster planning and advised to maintain off-site backups for critical data in case of critical failure or disaster.
    • Disclaimer of Warranty
      • iDatam WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT CLIENT EQUIPMENT, PROGRAMS, NETWORKS, OR OTHER PROPRIETARY MATERIAL RESULTING FROM USING THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR WEBSITE. iDatam MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES' COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FUNCTIONALITY, OR AVAILABILITY. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES. iDatam DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
      • iDatam’S AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR ALL LIABILITY CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENTFOR THE SERVICES GIVING RISE TO A CLAIM FOR LIABILITY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION SURVIVES ANY EXPIRATION OR TERMINATION OF THE AGREEMENT.
      • IN NO EVENT WILL iDatam, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    • Limitation on Time to File Claims
      • Any cause of action or claim arising out of or relating to these terms of use, the service, or the website must be filed within one (1) year after the cause of action accrues, otherwise, it is permanently barred.
    • Notice of Loss
      • iDatam is not liable for loss or corruption of data. Clients are encouraged to retain data copies. In the event of loss or damage to Client data, iDatam will notify the Client via email to a provided address. The Client must ensure the email address is valid.
  • CONSENT
    • By entering this Agreement and using the Services, the Client consents to iDatam accessing the Client’s networks and computer systems, including accessing, using, disclosing, intercepting, transmitting, receiving, analyzing, processing, copying, editing, encrypting, decrypting, and storing the Client’s Information. The Client represents compliance with all applicable data collection and transfer laws and obtained necessary consents or licenses to enable iDatam to provide the Services.
  • INDEMNITY
    • Client shall defend, indemnify and hold harmless the iDatam Indemnified Parties from and against any damages, liabilities, claims, actions, or costs incurred by the iDatam Indemnified Parties arising from Client’s actions or omissions related to intellectual property rights, violation of laws, failure to secure necessary consents, breach of warranty or Agreement, Services use by the Client or affiliates, negligence, intentional misconduct, or wrongful acts.
    • This Section states each party’s exclusive remedies for any third-party claim and does not obligate either party to provide greater indemnity.
  • SUBCONTRACTING
    • iDatam may assign or subcontract this Agreement, remaining responsible for Services performance. Neither party may assign this Agreement without the other party’s permission.
  • CHARGES
    • This section defines recurring and non-recurring charges and fees:
      • MONTHLY RECURRING FEES
        • Initial Monthly Recurring Charges are initial monthly fees, modifiable based on mutual agreement.
      • NON-RECURRING SERVICE FEES

    Bare Metal Addendum

    1. Service Level Agreements (SLA)
      • The iDatam Service Level Agreement (SLA) presented here delineates the usage policy for iDatam Bare Metal Servers and Bare Metal Cloud (BMC) within the framework of the Master Service Agreement (MSA) between iDatam, LLC., and its clients. This SLA is subject to the terms outlined in the MSA, and any capitalized terms hold the meanings specified in the Agreement. Modifications to this SLA are within our purview in alignment with the MSA.
      • Bare Metal Servers SLA
        1. Deployment
          1. Server Deployment Guarantee:

            Under normal circumstances, iDatam endeavors to deploy a client's new server within 4 hours, provided the order doesn't entail special instructions, necessitate MSSQL installation, or require an on-board RAID configuration. Regardless of configuration, all orders are guaranteed deployment within 24 hours of payment verification.

          2. Compensation:

            Should iDatam fail to meet this commitment, a 10% credit of the service cost towards the client’s first month's hosting fees will be issued upon client notification within 7 days of the missed deployment.

        2. Network
          1. Network Downtime Definition:

            Network Downtime encompasses situations where a client's server is unable to transmit or receive data to/from the Internet due to a failure in network equipment managed and owned by iDatam.

          2. Network Definition:

            iDatam's Network comprises its infrastructure hardware, including routers, switches, and cabling, excluding services or software running on the server or its hardware.

          3. Compensation:

            In the event of downtime, iDatam will credit the client’s account with 5% for each 30-minute segment of downtime, up to the total monthly cost.

            Clients are ineligible for credit if downtime is caused by:

            1. Actions of the client or authorized parties using the service under the Agreement.
            2. Third-party service failure linked to iDatam's network.
            3. Application, software, or operating system failure.
            4. Network maintenance activities.
            5. Denial of Service attack, hacker activity, or any malicious event/code directed at iDatam or a Bare Metal Client.
            6. Failure of any Network or Internet Infrastructure not owned or managed by iDatam.
          4. Reporting

            Clients are required to report downtime incidents via email to support@idatam.com or through iDatam’s portal at https://billing.iDatam.com within 3 days of the event's onset. Each report should cover a single event and include service type, IP Address, a comprehensive description of the service interruption, and relevant logs (if applicable). Downtime is officially recognized from the time iDatam receives the email "ticket" until iDatam, at its sole discretion, resolves the issue.

          5. Account Status:

            If a client is currently in arrears with payments on their accounts or has fallen behind three or more times within the preceding 12 months, they are ineligible for an SLA credit for Downtime. Valid SLA claims cannot be credited if the client has outstanding abuse issues. However, once these issues are resolved, iDatam will duly credit all valid claims. Making false or repetitive claims will incur a $50 charge per incident and may result in the violation of the account Acceptable Use Policy and Terms and Conditions. Engaging in malicious or aggressive Internet activities, such as attacks or counter-attacks, constitutes a violation of the Acceptable Use Policy and Terms and Conditions.

          6. 20 Minute Support Response Guarantee:

            iDatam ensures that one of its skilled professionals will respond to client support tickets or inquiries within 20 minutes of submission. This guarantee extends to support tickets sent via email to support@idatam.comor submitted through the portal at https://billing.iDatam.com

        3. Replacement:

          4 Hour Hardware Replacement Guarantee:

          In the event of hardware failure located within iDatam’s data center, iDatam commits to replacing it within 4 hours of failure notification. To report a failure, clients should email support@idatam.com or submit a ticket through the portal at https://billing.iDatam.com

        4. Compensation:

          Failure to replace the hardware within 4 hours will result in iDatam crediting the client for one day of their monthly recurring hosting charges. Subsequent credits of one day each will be issued for every four-hour block beyond the initial guarantee, up to a total of 100% of the client’s monthly recurring payment if necessary. Official credit requests must be sent within 7 days of the hardware replacement, via email to support@iDatam.com or by submitting a ticket through the portal at https://billing.iDatam.com

          In the event of hardware failure located within iDatam’s data center, iDatam commits to replacing it within 4 hours of failure notification. To report a failure, clients should email support@idatam.com or submit a ticket through the portal at https://billing.iDatam.com

    Bare Metal Cloud (BMC) SLA:

    Bare Metal Cloud forms a part of iDatam’s Infrastructure-as-a-Service (IaaS) offering. Designed for modern IaaS business consumers relying on high automation levels and employing a DevOps approach to software development and IT operations, BMC complements existing bare metal services. BMC provides highly automated workloads through a modern API management platform, utilizing cutting-edge server technology and a high-capacity network for infrastructure deployment in a fully automated, pay-as-you-go model.

    BMC Edge locations operate under best-effort service restrictions due to their nature and accessibility. BMC Edge Instance types are clearly marked with distinctive use of the letter "E" or "e" in the instance naming policy, visible in the BMC Portal and API documentation.

    Bare Metal Cloud SLA's

    1. Deployment
      1. Server Deployment Guarantee:

        Under most circumstances, iDatam strives to deploy the Client's new server instances within minutes. Regardless of configuration, iDatam assures a server deployment within 24 hours, commencing upon verification of the Client’s order and valid payment method. However, BMC Edge locations might have more restricted availability, leading to potential extended deployment times in uncommon cases.

      2. However, BMC Edge locations might have more restricted availability, leading to potential extended deployment times in uncommon cases.
    2. Network
      1. Network Downtime Definition:

        Network Downtime refers to instances when a Client’s server cannot send or receive data to/from the Internet due to a failure in network equipment managed and owned by iDatam.

      2. Network Definition:

        iDatam's Network encompasses all infrastructure hardware, such as routers, switches, and cabling. However, it excludes services or software operating on the server or its hardware.

      3. Network Downtime Compensation:

        iDatam offers compensation for network downtime events by crediting the Client’s account with 5% for every 30-minute segment of network downtime, up to the total monthly cost.

        Clients are not eligible for credit if downtime results from:

        1. Actions of the Client or authorized parties using the service under the Agreement.
        2. Third-party service failures connected to iDatam's network.
        3. Application, software, or operating system failures.
        4. Network maintenance activities.
        5. Denial of Service attacks, hacker activities, or malicious events/codes targeting iDatam or a Bare Metal Client.
        6. Failures of any Network or Internet Infrastructure not owned or managed by iDatam.
      4. Reporting:

        Clients must report downtime incidents via email to support@idatam.com or through iDatam’s portal at https://billing.iDatam.com within 3 days of the event's start. Each report should cover a single event and include service type, IP Address, and a detailed description of the service interruption, along with logs if applicable. Downtime officially begins upon iDatam's receipt of the email "ticket" and ends when iDatam, at its discretion, resolves the issue.

      5. Account Status:

        Clients with outstanding payments or three or more instances of delayed payments within the preceding 12 months do not qualify for an SLA credit for Downtime. Valid claims cannot be credited while Clients have unresolved abuse issues. However, upon resolution, iDatam will credit all valid claims. Making false or repetitive claims will incur a $50 charge per incident and may result in violating the account's Acceptable Use Policy and Terms and Conditions. Engaging in malicious or aggressive Internet activities also violates the Acceptable Use Policy and Terms and Conditions.

      6. 20 Minute Support Response Guarantee:

        iDatam ensures that its skilled professionals will respond to Client support tickets or inquiries within 20 minutes of submission. This guarantee applies to support tickets sent via email to support@idatam.com or submitted through the portal at https://billing.iDatam.com

    3. Replacement

      Best Effort Hardware Replacement Guarantee:

      If hardware owned by iDatam and located within its data center fails, iDatam will replace it as soon as possible. To report a failure, clients should email support@idatam.com or submit a ticket through the portal at https://billing.iDatam.com Note that Edge locations might be subject to restrictions and additional time for replacement.

    4. Compensation

      Relevant to services requiring a one-month minimum commitment

      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      99.999%-99.99% 26 seconds up to 4 minutes 0%
      99.99%-99.9% 4 minutes up to 44 minutes 10%
      99.9%-99.8% 44 minutes up to 97 minutes 25%
      99.8% Over 97 minutes 50%

      Applicable to services that require an hourly rate

      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      Feature Feature Feature
      99.999%-99.99% 26 seconds up to 4 minutes 0%
      99.99%-99.9% 4 minutes up to 44 minutes 10%
      99.9%-99.8% 44 minutes up to 97 minutes 25%
      99.8% Over 97 minutes 50%
    5. Billing:

      BMC Instances (servers) are invoiced monthly in a post-use model.

      1. Hourly instances will be billed in 1-hour increments, rounded up to the next hour.
      2. Monthly/Yearly reservations will be billed monthly regardless of usage.
      3. Bandwidth will be billed monthly based on per GB rates specific to geographical locations. If applicable bandwidth bundles exist, usage will be applied towards the bundle first before billing the standard per GB rate.

      Megaport Cloud Router (MCR) SLA

      The Megaport Cloud Router (MCR) is a managed third-party virtual routing service designed for deploying Layer 3 private connectivity between diverse networks and service providers. It facilitates connecting two or more independent Virtual Cross Connect (VXC) services within a single routing domain, thereby establishing Internet Protocol (IP) connectivity among all VXCs linked to that MCR.

      1. Service Availability

        The MCR service aims for a service availability target of 100%.

        1. Service Availability Definition

          It is calculated per Charging Period as Uptime divided by (the number of minutes in the Charging Period minus Excused Downtime), expressed as a percentage.

        2. Charging Period Definition

          This refers to the applicable charging period specified on the Service Order. If not specified, a monthly Charging Period applies.

        3. Uptime Definition

          The duration during the Charging Period when the MCR functions, effectively routing packets between connected VXCs.

        4. Excused Downtime Definition

          It encompasses the minutes in the Charging Period, rounded to the nearest minute, when the link state of the Client's MCR is unavailable due to various factors specified, including actions of the Client or authorized users, third-party network faults, maintenance activities, and more.

      2. Service Credits
        1. In the event of iDatam failing to meet the Service Availability target in a Charging Period, the client can claim a Service credit, calculated as:

          Where:

          1. Downtime is computed per Charging Period as the total minutes in the Charging Period less (Uptime plus Excused Downtime).
          2. Recurring Charge represents the recurring charge for the applicable Charging Period.
        2. Conditions for Service Credits:
          1. A Service credit is the sole remedy if iDatam fails to meet the Service Availability target.
          2. Service credits are not available if the Client has overdue payments for the service or outstanding abuse issues.
          3. Clients must apply for the Service Credit within thirty (30) calendar days after the end of the relevant Charging Period.
          4. The Service Credit is applicable only as a credit to the Client’s Megaportal account and cannot be redeemed for cash.
          5. The maximum Service credit available for each Service in a Charging Period won't exceed one hundred percent (100%) of the total Recurring Charges for that Service in that Charging Period.

        Additional Notes and Conditions
        1. Reporting Required

          Clients should report downtime incidents via email to support support@idatam.com or submission through iDatam’s portal at https://billing.iDatam.com within three (3) days of the event's commencement, covering one event per report. Details should include service type, IP Address, a comprehensive description of the service interruption, and logs if applicable. Downtime officially starts upon iDatam's receipt of the email "ticket" verifying an outage and ends at iDatam's discretion upon issue resolution.

        2. Exclusions

          Clients with overdue payments or multiple delayed payments within the previous 12 months are ineligible for an SLA credit for Downtime. Valid SLA claims cannot be credited if Clients have unresolved abuse issues. However, upon resolving these issues, iDatam will credit all valid claims. Making false or repetitive claims incurs a $50 charge per incident and may lead to violating the account’s Acceptable Use Policy and Terms and Conditions. Engaging in malicious or aggressive Internet activities also disqualifies Clients from SLA credits.

        3. Support

          20-Minute Support Response Guarantee: iDatam assures that its proficient professionals will respond to the Client’s support tickets or inquiries within 20 minutes of submission. This guarantee applies to support tickets emailed to support@idatam.com

        1. Provisions of Services

          Contingent upon iDatam DC’s acceptance of an Order and subject to the terms of the MSA, iDatam agrees to provide the Services with reasonable commercial efforts. iDatam reserves the right to reject Service requests in its sole discretion. Clients agree to pay all charges in advance, including monthly fees, additional product charges, and optional charges incurred. Payment methods include check, PayPal, Wire, or credit card. Client's authorization permits iDatam to automatically charge amounts owed each month. Third Party Services are provided by relevant Third Parties, and iDatam is not accountable for their provision.

        2. Age

          Clients must be at least 18 years old or possess the legal capacity to order Services. If ordering Services on behalf of an employer or legal entity, the Client represents having the legal right and authority to order Services and be bound to this MSA.

        3. Use of and Access to the Services

          Ordering and Modification of Services

          Clients may order Services and upgrades through the Client Portal or as designated by iDatam DC may accept Orders at its discretion and notify Clients of acceptance through the Client Portal. For downgrades or cancellations, written notices are required through support@idatam.com and the Client Portal, 24 hours before 00:00:01 CST (GMT-7) on the Anniversary Billing Date. Failure to provide notice leads to charges for the Services during the Renewal Term. Canceled Services before the 24 hours remain accessible until the automated process reclaims the server on the Anniversary Billing Date.

        4. Rights to Use Services

          Subject to this MSA, iDatam grants Clients a non-exclusive, non-transferable, revocable right in the Services for internal purposes, to use and access the Services, and create and offer Client Offerings.

        5. Client Obligations

          Clients agree to comply with laws, pay fees on time, maintain security, cooperate with iDatam’s investigations, adhere to license terms, provide accurate Account Information, be responsible for Service usage, comply with TPS Agreements, prevent unauthorized access, and include relevant terms of this Agreement in Client End User agreements. Clients must not use the Services where failure could result in death, injury, or physical/environmental damage. Reselling Services to Third Parties requires a reseller agreement with iDatam.

        6. Special Terms for Third-Party Services

          For Third Party Services ordered under TPS Agreements, iDatam is not liable; the Third Party provider is solely responsible.

    Acceptable Use Policy

    All users of iDatam DC (iDatam) services are expected to comply with the following acceptable use policies. iDatam reserves the right to modify these policies at any time, and updates will be published in here.Users are responsible for regularly reviewing the AUP to ensure adherence to the most recent version. Continued use of the services following changes constitutes acceptance of the updated modifications. Any complaints regarding violations of these AUPs should be directed to support@idatam.com

    Introduction

    The following Acceptable Use Policies outline acceptable conduct when using iDatam's services and the actions iDatam may take in response to any misuse of the services, with or without prior notice. These policies are derived from applicable laws and generally accepted Internet conduct standards, aiming to safeguard iDatam's technical resources, maintain the provision of high-quality services, and uphold its reputation. Users are expected to abide by the following AUPs:

    1. Security
      1. The use of the service is at the user's own risk.
      2. Users are responsible for the files and data transferred, including maintaining appropriate backups of files and data stored on iDatam’s infrastructure.
      3. Users are accountable for all activities conducted through their accounts, ensuring password security, confidentiality, and correct file protections.
      4. In case of lost, stolen, or compromised passwords, iDatam will suspend access or alter account access upon user notification. iDatam is not liable for any usage or charges before notification and account alteration.
      5. While iDatam endeavors to make email as secure as possible, users should acknowledge that no computer network is entirely immune to intrusion. Email communication may pass through multiple networks and should not be considered entirely secure unless encrypted, and even then, its security is reliant on the encryption method used.
      6. Non-Transferability of Account - Usage rights for iDatam’s accounts are explicitly limited to the named client on the SOF and are non-transferrable.
    2. Unacceptable Conduct
      1. The following behaviors constitute unacceptable conduct by users and may lead to immediate service suspension pending investigation by iDatam, potentially resulting in termination without refunds for all user accounts found in violation. Users are responsible for the actions of their business relationships, ensuring immediate cessation of non-compliant actions or disassociation. Continual violations by a user's business relationships may lead iDatam to terminate the user relationship without refunds.
      2. Unacceptable conduct includes, but is not limited to:
        1. Spamming or Harassment: Posting excessively to newsgroups, sending unsolicited mass emails, or engaging in any abusive or harassing behavior on the Internet.
        2. Unauthorized promotions: Engaging in practices to draw attention to a website housed within iDatam’s networks from a provider other than iDatam, leading to abuse or harassment.
        3. Intellectual property infringement: Transmittal or distribution of copyrighted material, software, or proprietary information without necessary rights or permissions.
        4. Network Unfriendly or Illegal Activity: Attempts to gain unauthorized access to other systems, interfere with network workings, or violate local, state, U.S., or international laws.
    3. Export Control Violations

      Exporting encryption software outside the U.S. via the Internet or any other means is prohibited.

    4. Violation of iDatam Policy
      1. Removal or bypassing of iDatam’s identification on any page hosted on its servers is prohibited.
      2. Displaying, selling, or transferring materials violating copyright, trademark, or proprietary rights is prohibited.
      3. Operating accounts in connection with individuals or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) is prohibited.
    5. Compliance with Rules of Other Networks

      Accessing other networks connected to iDatam’s services must comply with the rules of those networks and iDatam's policies.

    6. Monitoring/Privacy

      iDatam reserves the right to monitor all communications through its facilities for compliance with this AUP and iDatam’s Terms and Conditions. No expectation of privacy is granted.

    7. Cooperation with Authorities

      iDatam cooperates with law enforcement to investigate illegal activities, including illegal material transfer, threats, or other unlawful activities.

    8. Confidentiality of Personal Subscriber Information

      iDatam will not release user or client Personally Identifiable Information (PII) except upon presentation of a valid court order or legal requirement. Users agree to iDatam’s judgment regarding the validity of such requests.

    DMCA Notice

    How to Report Copyright Violation Complaint

    As an Internet Service Provider (ISP), iDatam adheres to the guidelines set forth by the Digital Millennium Copyright Act (DMCA) concerning notifications, content removal, and counter-notifications. If you suspect that one of iDatam's customers has violated your copyrights, the Digital Millennium Copyright Act (17 U.S.C. § 512) provides clear instructions on how to notify the party responsible for the infringement.

    Following the guidelines of the Digital Millennium Copyright Act, it is essential to furnish iDatam with the complete set of the following information:

    1. A signature, either physical or electronic, from someone authorized to represent the owner of an exclusive right that is currently being infringed.
    2. Clearly specify which copyrighted work is alleged to have been infringed.
    3. Clearly identify the material that is claimed to be infringing on copyrights.
    4. Clearly identify the material that is claimed to be infringing on copyrights.
    5. Provide the complaining party's physical address, telephone number, and email address.
    6. A declaration that the party raising the complaint genuinely believes that the usage of the material in question is not authorized by the copyright owner, its representative, or by law.
    7. A confirmation that the details provided in the notification are truthful, and with a commitment under penalty of perjury, the party raising the complaint is duly authorized to act on behalf of the owner of the exclusive right purportedly being infringed.

    Kindly use the provided Copyright Infringement Notification form (accessible through the link below) to submit all the necessary information. This method allows for electronic completion and signing of the document, and you can also attach any supporting documentation directly to the form.

    Having received this information, iDatam can promptly and earnestly address any network user potentially violating copyright law. However, it is important to note that we are not legally in a position to take any action until you have fully complied, and we are officially notified of the infringement.

    If you have inquiries about our policies or procedures, feel free to reach out to the designated DMCA Agent for the respective service. You can contact them using the provided information.

    Registered DMCA Agents

    support@idatam.com
    611 Gateway Blvd
    South San Francisco
    CA 94080
    USA
    Be aware that iDatam will send your complete Copyright Infringement Notification form directly to iDatam's client

    You are allowed to use the Copyright Infringement Notification Form solely for reporting copyright violations in line with the DMCA. This form should not be used to notify iDatam about any other type of infringement. In cases outside the scope of copyright issues, the complainant is responsible for pursuing appropriate legal remedies.

    © iDatam LTD