Diagnostic / Auditing Services


Any diagnostic or auditing services performed by Entech may require Entech to install a small amount of code (“Diagnostic Code”) on one or more of the devices attached to the System. The Diagnostic Code is deleted in its entirety after the testing process concludes. No personal information or personal data reviewed or copied by Entech at any time during the testing process. No files will be erased, modified, opened, reviewed or copied at any time during the testing process. The Diagnostic Code will not install or create any disabling device, or any backdoor or hidden entryway into the System. The results of the diagnostic testing will be kept confidential by Entech.


You grant Entech permission to access the System for the purpose of conducting the diagnostic testing, and agree to hold Entech harmless from and against any and all incidents or damages that may occur during or as a result of the testing process, regardless of the cause of such damages including but not limited to data loss due to events beyond Entech’s reasonable control, network or communication outages, and deficiencies or errors in any of hardware or equipment that may interrupt or terminate the diagnostic testing process.
The testing process is for diagnostic purposes only. The process is not intended, and will not be used, to correct any problem or error in the System. Entech does not warrant or represent that the testing process will result in any particular outcome, or that any particular issue, hardware or software configuration will be correctly detected or identified.

Maintenance Services


Unless otherwise indicated in this SOW, maintenance services will be applied in accordance with the recommended practices of the managed services industry. Client understands and agrees that maintenance services are not intended to be, and will not be, a warranty or guaranty of the functionality of any particular device, or a service plan for the repair or remediation of any particular managed hardware or software. Repair and/or device remediation services are not covered under Entech’s maintenance service plan, and shall be provided on an hourly basis to Client.

Monitoring Services; Alert Services


Unless otherwise indicated in this SOW, all monitoring and alert-type services are limited to detection and notification functionalities only. These functionalities are guided by Client-designated policies, which may be modified by Client as necessary or desired from time to time. Initially, the policies will be set to a baseline standard as determined by Entech; however, Client is advised to establish and/or modify the policies that correspond to Client’s specific monitoring and notification needs.

Network Infrastructure Services


Unless otherwise indicated in this SOW, network infrastructure services will be applied in accordance with the recommended practices of the managed services industry. Client understands and agrees that network infrastructure services are not intended to be, and will not be, a warranty or guaranty of the functionality of any particular network device or a “service plan” for the repair or remediation of any particular managed hardware or software. Network infrastructure services includes the tool(s) and labor to effectively monitor, manage and remediate issues with network security, wifi access points (public and private networks), network switches, routers, firewalls, VPNs, internet connections, software, hardware, servers, workstation, and printers.

Tier 1 Telecommunication Support Services


Unless otherwise indicated in the SOW, Entech will provide Tier 1 support for all telecommunications issues. Telecommunication Services are defined as any network attached device or service used to electronically transmit information. This could be, but is not limited to telephones, faxing, scanning, internet connections and or traditional phone lines. Tier 1 support is defined as the initial support level responsible for basic customer issues. Often the issues can be resolved through documentation, first touch resolution, phone and email support.

Anti-Virus; Anti-Malware


Entech’s anti-virus / anti-malware solution will generally protect the Client’s system from becoming infected with new viruses and malware (“Viruses”); however, viruses that exist on the Client’s system at the time that the security solution is implemented may not be capable of being removed without additional services, for which a charge may be incurred.


Any security solution may be circumvented and/or rendered ineffective if a user, either intentionally or unintentionally, downloads or installs malware (such as a rootkit) onto the user’s system. Client is strongly advised to educate their staff to refrain from downloading files that are sent by unknown users, and/or users or files whose origination cannot be verified. Entech does not warrant or guarantee that all viruses and malware will be capable of being removed, or that all forms of viruses and malware will be timely detected or removed.


In order to improve security awareness, you agree that Entech or its designated third-party affiliate may transfer information about the results of processed files, information used for URL reputation determination, security risk tracking, and statistics for protection against spam and malware. Any information obtained in this manner does not and will not contain any personal or confidential information.

Patch Management


Entech shall keep all managed equipment and software current with critical patches and updates (“Patches”) as such Patches are released generally by the manufacturers of the applicable hardware or software. Patches and updates are developed by third party vendors and, on rare occasions, may make the System, or portions of the System, unstable, or cause the managed equipment or software to fail to operate properly even when the Patches are installed correctly. Entech shall not be responsible for any downtime or losses arising from or related to the installation or use of any Patch, provided that the Patch was installed in accordance with manufacturer’s instructions. Entech reserves the right, but not the obligation, to refrain from installing a Patch if Entech is aware of technical problems caused by a Patch, or believes that a Patch may render the System, or any portion of the System, unstable.

SPAM / Junk Mail Filtering


Entech will provides email scanning for incoming unsolicited commercial email. Using proprietary algorithms and other technologies, the service scans incoming email for designated keywords, attachments and known blacklisted sites, and filters the email accordingly. From time to time the service may filter email that is not SPAM or junk mail, or may block email from legitimate sources. Client is advised to periodically search the filtered email folder to ensure that relevant emails are not being filtered improperly and will notify Entech in the event that the SPAM filter settings require adjustment. Third-party SPAM services not provided if client’s commercial email is hosted on Microsoft’s Office 365 platform or another provider Entech deems an adequate solution.

DNS Filtering


Entech will provide added threat protection using DNS (Domain System Name) filtering. DNS Filtering combines cloud – delivered security and advanced threat intelligence for an added layer of on and off network coverage. Additional features like protecting guest wifi protection, web/content filtering or cloud service reports can be provided.


Any security solution may be circumvented and/or rendered ineffective if a user, either intentionally or unintentionally, downloads or installs malware (such as a rootkit) onto the user’s system. Client is strongly advised to educate their staff to refrain from downloading files that are sent by unknown users, and/or users or files whose origination cannot be verified. Entech does not warrant or guarantee that all viruses and malware will be capable of being removed, or that all forms of viruses and malware will be timely detected or removed.


In order to improve security awareness, you agree that Entech or its designated third-party affiliate may transfer information about the results of processed files, information used for URL reputation determination, security risk tracking, and statistics for protection against spam and malware. Any information obtained in this manner does not and will not contain any personal or confidential information.

Managed Firewall


Entech will provide a next-generation firewall appliance during the term of this SOW. This appliance is and will remain the property of Entech during and after the expiration of this SOW. In addition to the physical appliance, Entech will ensure the appliance is licensed with SonicWall’s Comprehensive Gateway Security Suite (or a comparable service) that can include gateway anti-virus, anti-spyware, intrusion prevention, application intelligence and control, content filtering and firmware updates.


Any security solution may be circumvented and/or rendered ineffective if a user, either intentionally or unintentionally, downloads or installs malware (such as a rootkit) onto the user’s system. Client is strongly advised to educate their staff to refrain from downloading files that are sent by unknown users, and/or users or files whose origination cannot be verified. Entech does not warrant or guarantee that all viruses and malware will be capable of being removed, or that all forms of viruses and malware will be timely detected or removed.


In order to improve security awareness, you agree that Entech or its designated third-party affiliate may transfer information about the results of processed files, information used for URL reputation determination, security risk tracking, and statistics for protection against spam and malware. Any information obtained in this manner does not and will not contain any personal or confidential information

Strategy Management Services


Entech will respond to alerts and begin triaging them once they have been received by the SOC from the Security Appliance. The nature of security alerts normally means there is an evaluation process as to the validity and threat level of the alert. If the threat level of the alert is determined to be high, then someone from our security team will call the client within one hour from the time the threat was classified as high. Low and medium level threats will be communicated to the client within four hours of the alert being categorized.

Managed Firewall


Entech will provide a next-generation firewall appliance during the term of this SOW. This appliance is and will remain the property of Entech during and after the expiration of this SOW. In addition to the physical appliance, Entech will ensure the appliance is licensed with SonicWall’s Comprehensive Gateway Security Suite (or a comparable service) that can include gateway anti-virus, anti-spyware, intrusion prevention, application intelligence and control, content filtering and firmware updates.


Any security solution may be circumvented and/or rendered ineffective if a user, either intentionally or unintentionally, downloads or installs malware (such as a rootkit) onto the user’s system. Client is strongly advised to educate their staff to refrain from downloading files that are sent by unknown users, and/or users or files whose origination cannot be verified. Entech does not warrant or guarantee that all viruses and malware will be capable of being removed, or that all forms of viruses and malware will be timely detected or removed.


In order to improve security awareness, you agree that Entech or its designated third-party affiliate may transfer information about the results of processed files, information used for URL reputation determination, security risk tracking, and statistics for protection against spam and malware. Any information obtained in this manner does not and will not contain any personal or confidential information.

information.

 

Strategy Management Services


Strategy Management Services include (as needed) IT budgeting, IT concept creation, IT roadmap delivery, general IT consulting, IT vendor consulting, IT Project oversight and business review meetings. Suggestions and advice rendered to Client are provided in accordance with relevant industry practices, based on Client’s specific needs. By suggesting a particular service or solution, Entech is not endorsing any particular manufacturer or service provider. Entech is not a warranty service or repair center, and does not warrant or guarantee the performance of any third-party service or solution

The advice and suggestions provided by the Strategy Management team will be for Client’s informational and/or educational purposes only. The Strategy Management team will not hold an actual director or officer position with Client, and the Strategy Management team will neither hold nor maintain any fiduciary relationship or position with Client. Under no circumstances shall Client list or place the Strategy Management team on Client’s corproate records or accounts. At all times the Strategy Management team will be an independent contractor of Client.

 

Sample Policies, Procedures


From time to time, Entech may provide Client with sample (i.e., template) policies and procedures for use in connection with Client’s business (“Sample Policies”). The Sample Policies are for Client’s informational use only, and do not constitute or comprise legal or professional advice. The Sample Policies are not intended to be a substitute for the advice of competent counsel. Client should seek the advice of competent legal counsel prior to using the Sample Policies, in part or in whole, in any transaction. Entech does not warrant or guaranty that the Sample Policies are complete, accurate, or suitable for Client’s specific needs, or that Client will reduce or avoid liability by utilizing the Sample Policies in its business operations.

 

Procurement


Equipment and software procured by Entech on Client’s behalf (“Procured Equipment”) may be covered by one or more manufacturer warranties, which will be passed through to Client to the greatest extent possible. By procuring equipment or software for Client, Entech does not make any warranties or representations regarding the quality, integrity or usefulness of the Procured Equipment. Certain equipment or software, once purchased, may be not be returnable or, in certain cases, may be subject to third party return policies and/or re-stocking fees, all of which shall be Client’s responsibility in the event that a return of the Procured Equipment is requested.
Entech is not a warranty service or repair center. Entech will facilitate the return or warranty repair of Procured Equipment; however, Client understands and agrees that the return or warranty repair of Procured Equipment is governed by the terms of the warranties (if any) governing the applicable Procured Equipment, for which Entech shall be held harmless.

 

Centralized Reporting


Reports provided by Entech on client’s behalf are created by gathering, storing, analyzing and accessing data that resides on Entech “owned” databases. Entech reserves the right to charge outside of this SOW for customized reporting or BI services throughout the life of this SOW.

 

Unsupported Configuration Elements or Services


If Client requests a configuration element (hardware or software) or hosting service in a manner that is not customary at Entech, or that is in “end of life” or “end of support” status, Entech may designate the element or service as “unsupported,” “non-standard,” “best efforts,” “reasonable endeavor,” “one-off,” “EOL,” “end of support,” or with like term in the service description (an “Unsupported Service”). Entech makes no representation or warranty whatsoever regarding any Unsupported Service, and Client agrees that Entech will not be liable to Client for any loss or damage arising from the provision of an Unsupported Service. Deployment and service level guaranties shall not apply to any Unsupported Service.

 

Third-Party Data Recovery


From time to time, Entech may use a third-party vendor to recover data from failed storage devices. If this need arises Entech guarantees it will work with a vendor that adheres to the client’s specific security policies and follows NIST mandated guidelines to provide adequate data and information security throughout the process.


Entech is not a warranty service or data recovery center. Entech will facilitate the handing, shipping, communication and returning of the data; however, Client understands and agrees that the recovery of data is governed by the terms of the third-party vendor (if any), for which Entech shall be held harmless.

 

Downtime Onboarding Exception


Scheduled Downtime. For the purposes of this SOW, Scheduled Downtime will mean those hours, as determined by Entech but which will not occur between the hours of 7 AM and 6:00 PM EST (or EDT, as applicable), Monday through Friday without your authorization or unless exigent circumstances exist, during which time Entech will perform scheduled maintenance or adjustments to its network. Entech will use its best efforts to provide you with at least twenty-four (24) hours of notice prior to scheduling Scheduled Downtime.


Client-Side Downtime. Entech will not be responsible under any circumstances for any delays or deficiencies in the provision of, or access to, the Services to the extent that such delays or deficiencies are caused by your actions or omissions (“Client-Side Downtime”).


Onboarding Exception. You acknowledge and agree that for the first thirty (30) days following the commencement date of a SOW, the Response Time commitments described in this Agreement will not apply to Entech, it being understood that there may be unanticipated delays due to Entech’s initial startup activities with you (the “Onboarding Exception”).