Limitations of Technology. Client acknowledges that technologies are not universally compatible, and that there may be services or devices that Truewater may be unable to monitor, manage, or patch. Truewater agrees to inform Client when such situation exists and Client agrees to correct situation if applicable, and to hold Truewater harmless in any case. Because there are risks associated with applying and failing to apply patches, Truewater constantly reviews and updates our best practices based on the relative threats to patch delivery timing. Every effort is made to balance the reduction of vulnerabilities with the slight destabilization risk associated with applying new patches to otherwise stable systems. Spam control, patch definitions and antivirus definitions are managed and/or distributed by their respective software Vendor, and as such, Truewater has no direct control over the effectiveness or lack thereof of the software being applied. Truewater shall not be held responsible for interruptions in service due to patches released by software Vendor.
Pre-Existing Equipment and Configurations. Truewater assumes no responsibility for troubleshooting or rectifying any defects or configuration errors in pre-existing hardware or software. The client understands that any troubleshooting, testing, repair or replacement shall be charged at standard rates and may render estimates inaccurate.
Work by Others. Truewater is not responsible for problems or issues that arise from work performed by individuals who are not direct representatives of Truewater. If problems arise due to work by others, Client shall pay amounts incurred to bring the equipment and or network back to the prior network configurations before work was done by others.
Line of Business Applications (“LOB”). Lines of business applications are defined as software and/or hardware products that facilitate the business workflow and satisfy particular business transactions or some other business need. Examples of these are: accounting packages, CRM software, ERP software, etc. With thousands of applications on the market, it is not possible for Truewater to be experts in all, so a support contract with the vendor is recommended for all LOB applications. Truewater is responsible up to the application threshold (login screen) for the operations environment such as workstations, servers and the client network. Client & LOB vendor are responsible beyond the application threshold including such things as data mining, application updates, building and or modifying reports, creating users and other such activities within the application.
Cloud Services. The Cloud Services consist of, but not limited to, access to the Data Center through the Truewater Network, data storage in the Data Center, Cloud applications, and Connections along with Microsoft SharePoint, Exchange, SQL, Terminal Services, Virtual Desktops, MS Office, BESE, specific customer line of business applications and other management services required in maintaining and operating the Cloud environment. Truewater retains the right to make such changes, amendments and modifications to these terms from time to time in its sole discretion, with such changes, amendments and modifications to its internal network being effective immediately, with notification to client.
Changes Affecting the Cloud & Data Center Services. Truewater reserves the right to have Service Changes made from time to time, and Truewater will endeavor to notify customers at least 2 days before any Service Change. If, however, a shorter notification period is necessary in Truewater’s reasonable judgment, then any such Service Changes may nevertheless be made with such prior notification to customers as is practical and reasonable under the circumstances. Truewater will attempt to have minimized any service unavailability that may be caused by or required by any Service Change, but if an outage is required, the outage will be considered a Planned Downtime. Unless otherwise notified, Truewater will have a fixed maintenance window of Midnight Saturday to Noon Sunday for Planned Downtime events.
Customer’s Own Obligations. Each customer is responsible for not allowing any circumvention or other interference with all reasonable security precautions relating to the Cloud Services. Each customer must provide Truewater with prior notification of any change in configuration that could interfere with the Cloud Services.
Cloud Services Availability Standard. The Cloud Services will be available at all times, other than during Planned Downtimes and during times when the Cloud Services are affected by Extenuating Circumstances.
(a) “Point of Demarcation” means the physical point at which the Truewater Network ends and the private network of a customer begins.
(b) “Service Change” means any change in the Cloud Services or in the manner they are provided.
(c) “Truewater Network” means the physical communications infrastructure and supporting hardware, software and firmware owned, managed or operated by Truewater and providing the related Truewater service(s) to a customer’s Point of Demarcation(s). It does not include customers’ equipment, telephone circuits provided by telephone companies or other common carriers, any external Internet service Truewater or an Internet exchange point or any networks or network equipment not owned or controlled by or on behalf of Truewater.
(d) “Trouble Ticket” means the notification by a customer of a perceived Cloud Services Unavailability.
(e) “Urgent Maintenance Activities” are maintenance activities required by applications or systems that cannot, in Truewater’s sole judgment, be postponed until the next available or convenient maintenance window, and may include, but are not limited to, restarting applications, rebooting servers, applying patches or fixes, reconfiguring storage allocations, reloading data, and making DNS or firewall changes to close security holes. Truewater will endeavor to provide customers as much notice of Urgent Maintenance Activities as is possible under the circumstances, but Truewater may undertake Urgent Maintenance Activities without advance notice to customers.
