Service Agreement for Cyberland Security
This Service Agreement ("Agreement") is made and effective as of the date of service purchase ("Effective Date") by and between the client purchasing services ("Company") and Cyberland Security, having their principal place of business at 3405 Greengate Dr., Modesto, CA 95355 ("Consultant").
The Company and the Consultant are collectively referred to as the "Parties" and individually as a "Party." 2All activities and services ("Services") provided by the Consultant are subject to the following terms and conditions:
TERMS AND CONDITIONS
1. SCOPE OF AGREEMENT The Company wishes to engage the Consultant to utilize their expertise in the field of Software Provider.
2. TERM This Agreement shall begin on the Effective Date and continue for 12 months. The Agreement automatically renews after 12 months for a consecutive 12-month period. Either Party may terminate this Agreement for any reason with 30 days' written notice to the other Party.
3. SERVICES The Consultant agrees to provide its expertise to the Company for all tasks pertaining to the scope of the Services as set forth in the Scope of Work in Exhibit A.
4. INDEPENDENT CONTRACTOR The Consultant's relationship with the Company is that of an independent contractor, not an employee. The Consultant is not eligible for any of the Company's employee benefit programs. The Consultant is responsible for their own employment and income taxes. The Consultant has no authority to enter into contracts that bind the Company without prior written authorization.
5. CONFIDENTIALITY The Consultant shall not:
(a) Disclose any of the Company's business details, customer information, business plans, or price points ("Confidential Information") to any third party.
(b) Make copies of any Confidential Information for personal use or distribution unless requested by the Company.
(c) Use Confidential Information for any purpose other than for the benefit of the Company.
6. FEES AND CHARGES The Company shall pay the Consultant the fees set forth on Exhibit B for the Services rendered.
7. INDEMNIFICATION The Consultant will indemnify and hold harmless the Company and its affiliates and employees from any liabilities, losses, or expenses arising from a breach of this Agreement, intentional misconduct, or negligence by the Consultant.
8. LIMITATION OF LIABILITY The Company will not be liable for any consequential, indirect, exemplary, special, or incidental damages related to this Agreement. The Company's total liability will not exceed the aggregate amount of fees owed by the Company to the Consultant for the Services performed.
9. SEVERABILITY If any provision of this Agreement is determined to be illegal or unenforceable, the remaining provisions will remain binding and enforceable.
10. ENTIRE AGREEMENT This document contains the entire agreement between the Parties.
11. WAIVER Failure to enforce any provision of this Agreement does not constitute a waiver. This Agreement may only be amended by a writing signed by both parties.
12. APPLICABLE LAW This Agreement is governed by the laws of California and is subject to the exclusive jurisdiction of the courts in Stanislaus County.
EXHIBIT A: DESCRIPTION OF SERVICES
1.) Small Business Cybersecurity
Advanced Tools & Threat Detection
Continuous Compliance Monitoring & Risk Alerts
Automated System Updates & Patches
One-Time Comprehensive Assessment, Initial Policy Setup & Recommendations, Initial Security Training Session
PCI Compliance Consulting & Support
EXHIBIT B: FEES AND CHARGES
In exchange for the full and satisfactory performance of all Services, the Company shall pay the Consultant the sum agreed upon at the time of purchase for the selected service package, to be paid monthly.
By completing the purchase and checking the box to agree to the Service Agreement, you acknowledge that you have read, understood, and agree to these terms, and this action constitutes a binding electronic signature.