Managed Services Agreement
Our Managed Services are a great way to help your business run smoothly. This agreement lays out the information you'll need about how it all works.
Term Inheritance:
The terms within this Managed Services Agreement will be inherited by the Acceptable Use Policy, available on this website, unless otherwise denoted.
Additional Agreements:
This Managed Services Agreement inherits all clauses from the Acceptable Use Policy and any other relevant Policies, available on this website, except where otherwise denoted.
Who This Agreement is for:
By purchasing any of the Services provided by the Provider covered under this agreement within the “General Purpose” section of this agreement, you accept and agree to be bound by the terms and provisions of this agreement and any other agreement published on this website and any website owned and operated by Create Azure LLC. In addition, when using any service provided by Create Azure LLC, or by cloudMonic (subsidiary of parent Create Azure LLC), you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified at-will by Create Azure LLC/cloudMonic.
General Purpose:
The purpose of this agreement (“Managed Services Agreement”) is to provide the specific guidelines for Services provided by the Provider that fall under the category of “Managed Services.” These Services include, but are not limited to:
· Managed Services: Tier I
· Managed Services: Tier II
· Managed Services: Tier III
· Managed Services: Full Management (Tier IV)
Managed Services: Tier I:
In addition to the Services provided with the Hosting Agreement and Service Level Agreement applicable to the Hosting Service in question, the Provider will provide the following Managed Services:
· 24/7/365 support via support ticket and by appointment outside of phone operation hours
· Website and System-level monitoring services
o Automated web and system-level (including software) monitors may be assigned in the User’s dashboard provided by the Provider
· Exploit monitoring, malware monitoring/scanning, and port/network penetration scanning on the Hosting Service provided
o A maximum amount of 30 minutes for the removal of such malware, should it be requested, will be included per month of service
o Additional time for removal of malware/exploits will be billed at a discounted cost of $100 USD per hour, and be subject to a separate agreement
Managed Services: Tier II:
In addition to the Services provided with the Hosting Agreement and Service Level Agreement applicable to the Hosting Service in question, the Provider will provide the following Managed Services:
· 24/7/365 support via support ticket and by appointment outside of phone operation hours
o Plus, 24/7/365 urgent phone support (triaged by a Tier I technician for urgency)
o Plus, a six (6) hour initial support ticket response guarantee on all tickets
· Website and System-level monitoring services
o Automated web and system-level (including software) monitors may be assigned in the User’s dashboard provided by the Provider
o Our system engineering team will attempt to restore connectivity in the event of a “down” monitor caused by the User’s software or configuration, up to 30 minutes per month
· Exploit monitoring, malware monitoring/scanning, and port/network penetration scanning on the Hosting Service provided
o A maximum amount of 60 minutes for the removal of such malware, should it be requested, will be included per month of service
o Additional time for removal of malware/exploits will be billed at a discounted cost of $75 USD per hour, and be subject to a separate agreement
Managed Services: Tier III:
In addition to the Services provided with the Hosting Agreement and Service Level Agreement applicable to the Hosting Service in question, the Provider will provide the following Managed Services:
· 24/7/365 support via support ticket and by appointment outside of phone operation hours
o Plus, 24/7/365 phone support for all inquiries
o Plus, a three (3) hour initial support ticket response guarantee on all tickets
· Website and System-level monitoring services
o Automated web and system-level (including software) monitors may be assigned in the User’s dashboard provided by the Provider
o Our system engineering team will attempt to restore connectivity in the event of a “down” monitor caused by the User’s software or configuration, up to 30 minutes per month
· System-level software upgrades and minor maintenance
o This would include upgrading software that is managed by the operating system’s default package manager, and specifically does not include custom implementations or custom built software
o Routine, automatic backups are taken at intervals chosen by the User in their dashboard, and verified by our internal systems
· DoS/DDoS Mitigation services through our partner, CloudFlare
· Exploit monitoring, malware monitoring/scanning, and port/network penetration scanning on the Hosting Service provided
o A maximum amount of 60 minutes for the removal of such malware, should it be requested, will be included per month of service
o Additional time for removal of malware/exploits will be billed at a discounted cost of $75 USD per hour, and be subject to a separate agreement
· Automatically generated system and software analysis reports on a bi-weekly basis
Managed Services: Tier IV:
In addition to the Services provided with the Hosting Agreement and Service Level Agreement applicable to the Hosting Service in question, the Provider will provide the following Managed Services:
· 24/7/365 support via support ticket and by appointment outside of phone operation hours
o Plus, 24/7/365 phone support for all inquiries
o Plus, a one (1) hour initial support ticket response guarantee on all tickets
· Website and System-level monitoring services
o Automated web and system-level (including software) monitors may be assigned in the User’s dashboard provided by the Provider
o Our system engineering team will attempt to restore connectivity in the event of a “down” monitor caused by the User’s software or configuration, up to 120 minutes per month
· System-level software upgrades and minor maintenance
o This would include upgrading software that is managed by the operating system’s default package manager, and specifically does not include custom implementations or custom built software
o Routine, automatic backups are taken at intervals chosen by the User in their dashboard, and verified by our internal systems
o Request manual backups at any time via support ticket
· DoS/DDoS Mitigation services through our partner, CloudFlare
· Exploit monitoring, malware monitoring/scanning, and port/network penetration scanning on the Hosting Service provided
o A maximum amount of 120 minutes for the removal of such malware, should it be requested, will be included per month of service
o Additional time for removal of malware/exploits will be billed at a discounted cost of $45 USD per hour, and be subject to a separate agreement
· Automatically generated system and software analysis reports on a weekly basis
Limitation of Liability:
The User accepts and agrees to hold indemnity as per our Acceptable Use Policy and other applicable Policies for all losses incurred as a result of downtime or data loss due to the nature of the Provider’s work.
In the event a specific Hosting Agreement exists between the Provider and the Client that has different definitions of the level of managed services than provided in this agreement, that agreement’s definitions will supersede this agreement’s definitions of the tier system. This statement should not be construed to supersede or revoke rights the Provider may have in either agreement.
Access Control:
The User accepts and agrees that root-level (administrator level) access control will be maintained by the Provider at all times for Tier III and IV management levels. The User will be granted access upon request, but the Provider is not liable or responsible for any actions taken by the User or their representatives, agents, or end-users and the User voids any guarantee or warranty as a result of requesting such access. The Provider reserves the right to refuse to fix, service, or assist with User-created issues or security, configuration, or other implications.
Force Majeure:
In no event shall the Provider be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Provider shall use reasonable efforts which are consistent with accepted practices in the Provider’s industry to resume performance as soon as practicable under the circumstances.
Non-Use of Services:
The User’s non-use of any of the Managed Services within a specific management tier will not constitute in compensation for the non-use of the Service.