Server Monitoring Report

SERVER MONITORING REPORT

Identification

Service Provider:

Client Name:

Report ID:    Monitoring Period From:   To:

Recitals

WHEREAS, Service Provider is engaged in the business of continuous monitoring, alerting, and basic remediation for server infrastructure and related services; and

WHEREAS, Client requires ongoing monitoring and reporting of designated server resources and has engaged Service Provider to perform such monitoring under the terms set forth in this Report and Agreement; and

WHEREAS, the Parties desire to document monitoring activities, incidents, and any service fees or corrective actions applicable to the Monitoring Period specified above.

Scope of Monitoring Services

Monitored Components & Configuration

Check monitored items applicable: Server OS Application Services Databases Network Devices Backups Security/Intrusion Alerts

Monitoring Summary & Metrics

Reported Uptime Percentage:    Average Response Time (ms):    Total Incidents Logged:

Incident Log (Chronological)

Incident 1

Date:   Time:   Component:   Severity:

Incident 2

Date:   Time:   Component:   Severity:

Incident 3

Date:   Time:   Component:   Severity:

Payment Terms

Monitoring Fee Amount: $    Billing Frequency:

Invoice Due Within (days):    Late Fee: % per month on outstanding balance

Payment Terms: Service Provider shall invoice Client in accordance with the Billing Frequency above. Payment not received within the Invoice Due period shall accrue the Late Fee on the outstanding balance until paid. Disputed charges must be submitted in writing within ten (10) calendar days of receipt of invoice; undisputed amounts remain payable.

Term and Termination

Term Commencement Date:    Term End Date:

Either Party may terminate this Agreement for convenience upon written notice to the other Party not less than days prior to the intended termination date. Termination for cause is permitted where a material breach remains uncured for a period of thirty (30) days after written notice specifying the nature of the breach.

Confidentiality

Each Party acknowledges that in the course of performing this Agreement it may receive Confidential Information of the other Party. Confidential Information means nonpublic business, technical, financial or operational information disclosed by either Party. The receiving Party shall: (a) hold Confidential Information in strict confidence; (b) not use Confidential Information for any purpose other than performance under this Agreement; and (c) not disclose Confidential Information to any third party except to employees, contractors or advisors who have a need to know and are bound by confidentiality obligations no less protective than those herein. Confidentiality obligations shall survive termination for a period of three (3) years.

Exceptions: Confidential Information does not include information that is independently developed without use of the other Party’s Confidential Information, is or becomes publicly available through no fault of the receiving Party, or is required to be disclosed by law or valid court order, provided the disclosing Party is given prompt notice and opportunity to seek protective measures.

Limitation of Liability & Warranty

Service Provider warrants that monitoring services will be performed in a professional and workmanlike manner consistent with industry standards. Except for willful misconduct, each Party’s aggregate liability to the other under this Agreement shall not exceed the fees paid to Service Provider for the Monitoring Period in which the claim arose. Neither Party shall be liable for incidental, consequential, special or punitive damages.

Governing Law

This Agreement and any dispute arising out of or related to this Report shall be governed by and construed in accordance with the laws of the state or jurisdiction agreed by the Parties. The Parties consent to the exclusive jurisdiction of the courts located in the agreed jurisdiction unless otherwise agreed in writing.

Entire Agreement

This Report, together with any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior or contemporaneous communications and proposals, whether oral or written. Any amendment must be in writing and signed by authorized representatives of both Parties.

Certifications and Acknowledgements

The undersigned certify that the information contained in this Report is true and accurate to the best of their knowledge, that Service Provider completed the monitoring activities described herein during the Monitoring Period, and that any fees billed correspond to services rendered in accordance with the Payment Terms above.

Client Acceptance: I acknowledge receipt of this Server Monitoring Report and accept the recorded activities and findings unless otherwise notified in writing within ten (10) calendar days.

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