Incident Trouble Report

INCIDENT TROUBLE REPORT AND SERVICE AGREEMENT

Parties and Effective Date

Client Name:

Effective Date:

Recitals

WHEREAS, Client Name: has reported an operational incident requiring investigation, remediation and possible restoration services; and

WHEREAS, Service Provider Name: is qualified and willing to provide incident response, corrective actions and related services pursuant to the terms set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants contained in this Incident Trouble Report and Service Agreement, the parties agree as follows.

Incident Details

Incident Date:   Time:

Reported By:   Contact:

Severity:   Minor   Major   Critical

Incident Type:   Network Failure   Equipment Failure   Security Breach   Service Outage   Other  

Estimated Loss / Damage Amount:   Incident Resolved:

Scope of Work (Corrective and Remediation Services)

The Service Provider shall perform the services described below to investigate and remediate the incident. The scope shall include but is not limited to identification of root cause, temporary containment, permanent corrective actions, testing, and documentation. The parties may expand scope only by written amendment signed by authorized representatives.

Payment Terms

Remediation Fee Amount:

Late Fee / Interest (for overdue invoices):

Unless otherwise agreed in writing, invoices are due within the period specified in the Payment Schedule. Late payments shall accrue interest as specified above and the Service Provider may suspend non-essential services after providing written notice of intent to suspend.

Term and Termination

Service Start Date:   Service End Date:

Termination Notice Period (days):

Either party may terminate this Agreement for material breach if the breaching party fails to cure within the notice period specified above. Termination shall not relieve either party of obligations that accrued prior to termination, including payment for work performed and costs reasonably incurred.

Confidentiality

Each party agrees that during the term of this Agreement and for a period of years thereafter it will hold in strict confidence all Confidential Information disclosed by the other party. Confidential Information includes incident reports, investigation findings, technical data, and remediation plans. Confidential Information does not include information that is or becomes public through no fault of the receiving party or that the receiving party is legally required to disclose, provided prompt notice is given to permit the disclosing party to seek protective measures.

Governing Law; Limitation of Liability

This Agreement shall be governed by the laws of without regard to conflict of law principles. Except for willful misconduct or gross negligence, neither party shall be liable to the other for indirect, incidental, special or consequential damages arising out of performance under this Agreement. The parties' aggregate liability for direct damages arising from any claim related to this Agreement shall not exceed the total amounts paid by Client to Service Provider under this Agreement in the twelve (12) months preceding the event giving rise to the claim.

Entire Agreement and Amendments

This document, including attachments and any mutually-executed amendments, constitutes the entire agreement between the parties with respect to the incident and supersedes all prior and contemporaneous proposals, communications and representations, whether oral or written. No amendment or waiver of any provision shall be effective unless in writing and signed by authorized representatives of both parties.

Certifications and Use of Report

The reporter and the signing parties certify that, to the best of their knowledge, the information provided in this report is true, accurate and complete. Client acknowledges that this report and the Service Provider's findings may be used in insurance claims, regulatory filings, or legal proceedings, subject to applicable confidentiality obligations set forth herein.

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