IT Server Report

IT SERVER REPORT AND SERVICE AGREEMENT

Report No.:    Report Date:

Parties and Recitals

Service Provider:

Client Name:

WHEREAS, the Service Provider is engaged in providing information technology services, maintenance and reporting for server equipment and related systems; and

WHEREAS, the Client requires a comprehensive technical report and periodic service for the server identified in this report and agrees to compensate the Service Provider under the Payment Terms below; and

WHEREAS, the parties desire to document the technical condition, actions performed, and contractual terms governing the provision of services described in this Report and Agreement.

Server Identification

Server Specifications

Current Status, Findings and Actions

Incident Severity: Low Medium High Critical

Backup, Uptime & Patch Status

Scope of Work

The Service Provider will perform the following services for the Server identified above. The scope below defines the deliverables, inspection limits, and exclusions; deviations require written amendment signed by both parties.

Payment Terms

Fee Amount:    Billing Schedule:

Late Payment: Unpaid amounts shall accrue interest at a rate of from the due date until paid in full. Client is responsible for reasonable collection costs and attorneys' fees incurred to recover overdue amounts.

Term and Termination

Term Commencement:    Term End:

Either party may terminate this Agreement for material breach by delivering written notice to the other party. Unless otherwise specified, termination shall be effective after days cure period. Termination shall not relieve Client of payment obligations for services rendered and expenses incurred prior to termination.

Confidentiality

The parties acknowledge that in the course of performing services each may receive or have access to Confidential Information of the other. "Confidential Information" includes technical documentation, system configurations, credentials, and non-public business information. Each party shall: (a) hold Confidential Information in strict confidence; (b) use it solely for performance of obligations under this Agreement; and (c) not disclose it to third parties except to employees, contractors or advisors who have a need to know and are bound by confidentiality no less protective than this Agreement. This obligation shall survive termination for a period of three (3) years, except for trade secrets which shall be protected as long as they remain trade secrets under applicable law.

Warranties, Liability & Indemnity

Service Provider warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Except as expressly provided, services are provided "AS IS" and SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES. Except for willful misconduct or gross negligence, Service Provider's aggregate liability for direct damages arising out of this Agreement shall be limited to the amounts actually paid by Client for the specific services giving rise to the claim. Each party shall indemnify the other for third-party claims arising from its breach of this Agreement or its negligent acts or omissions.

Governing Law

This Agreement and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of the jurisdiction indicated below without regard to conflict of law principles.

Entire Agreement

This Report and Service Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. Any amendment must be in writing and signed by authorized representatives of both parties.

Acknowledgment

By signing below the parties certify that they have reviewed the contents of this IT Server Report, accept the technical findings, and agree to the terms and conditions set forth in this Agreement.

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