Terms of Service

Customer Agreement

 

The terms and conditions of this Customer Agreement (the “Agreement“) govern the Services provided to Customer by Watch Cloud Cyber Security LLC (referred to as “Company”). By accepting enrollment in the Services, you are agreeing to the terms of this Agreement.

 

1. Definitions: The following definitions are applicable to the Agreement.
2. “Customer” means the business or individual of 18 years or older, participating in the services approved and authorized by Company.
3. “Company” Watch Cloud Cyber Security LLC
4. “Company Program Fee” the Company established fee charged by Company for a Customer enroll in services and paid to Company by the Customer.
5. “Services” means collectively, the Watch Cloud Cyber Security services and Third Party Services

 

1. OBSERVANCE OF COMPANY’S RULES AND REGULATIONS: CUSTOMER is responsible for its actions. CUSTOMER will use its best efforts to observe and familiarize themselves with the guidelines, rules and regulations of COMPANY as they may exist from time to time including those found in this Agreement.  CUSTOMER agrees to follow any special instructions as may from time to time, be given by COMPANY.
2. COMPLIANCE WITH LAWS, RULES, REGULATIONS AND REQUIREMENTS: CUSTOMER and COMPANY shall comply with and adhere to all applicable federal, state, and local laws, rules, and regulations, governing its services including but not limited to any laws, rules and regulations requiring licensing and disclosure.
3. SPECIFIC LIMITATIONS ON ACTIONS BY CUSTOMER. CUSTOMER is not authorized by or on behalf of COMPANY to make, alter or discharge any contract or policy; waive any forfeiture; waive payment in cash; extend the time for payment of any fees or represent COMPANY except as permitted by this Agreement. CUSTOMER shall not circumvent COMPANY in any way, including but not limited to, entering discussions, negotiations or agreements that would by-pass payment to COMPANY in delivering the Services outlined in this Agreement to Customers.
4. PROGRAM FEES: COMPANY shall solely designate the Program Fee it charges CUSTOMER for the COMPANY Services. COMPANY shall communicate the COMPANY Program Fee to CUSTOMER with timely advance notice of the application of such fees. COMPANY reserves the right to use their sole discretion in refunding Program Fees to CUSTOMER upon request.
5. PAYMENT TO COMPANY: CUSTOMER shall pay COMPANY for services upon request. COMPANY may choose to abandon Services for non-payment. If CUSTOMER does not pay agreed terms COMPANY may pursue collections at cost of CUSTOMER.
6. EXCLUSIVE RELATIONSHIP: CUSTOMER shall not offer or sell a product or service with the same or similar services as those provided within the COMPANY Program with another entity other than COMPANY in its offices where the COMPANY Product is provided pursuant to this Agreement.
7. TERM AND TERMINATION: The initial term of this Agreement shall begin on the date CUSTOMER executes this Agreement and, except as provided in this section of the Agreement, shall continue for a period of one (1) year (the “Initial Term”), and shall be automatically renewed for one (1) year terms (“Renewal Terms”) thereafter unless terminated by either party with at least thirty (30) days’ notice to the other party prior to renewal. COMPANY may immediately terminate this Agreement for cause for the following reasons:

• Breach of Agreement. In the event of a breach of this Agreement by CUSTOMER, COMPANY may give written notice of the breach and request corrective action. If CUSTOMER has not either taken the requested action or begun a diligent prosecution thereof within fifteen days of receipt of the COMPANY’s notification, then COMPANY may, at its option, send notice of termination.  The notices described in this paragraph may be sent certified, registered, or other verifiable mail or email to the terminated party at the addresses provided by CUSTOMER.
• Insolvency. At COMPANY’s option, and upon written notice of the exercise of the option, this Agreement terminates upon the voluntary or involuntary bankruptcy or insolvency of CUSTOMER.
• Fraud, etc. The fraud, misrepresentation, misappropriation of funds, or willful misconduct of CUSTOMER.
• For the CUSTOMER’S violation of any provisions of this Agreement.

 

Changes in Terms and Early Termination: COMPANY may unilaterally change, delete, or add any term to this Agreement upon thirty (30) days written notice to CUSTOMER (the 30 day period being referred to hereinafter as the “30 Day Notice Period”, provided, however, that if such a change, deletion, or addition is not acceptable to CUSTOMER, CUSTOMER may terminate this Agreement upon ten (10) days written notice to COMPANY, which notice must be given prior to the end of the 30 Day Notice Period. The change, deletion, or addition made by COMPANY shall become effective at the end of the 30-Day Notice Period.

 

Return of Proprietary Information: Upon termination of this Agreement, the parties will return to any furnishing party all proprietary and confidential information received in connection with this Agreement and certify in writing to such furnishing party that such receiving party has not retained any copies of such proprietary or confidential information.

 

Effect of Termination: The termination of this Agreement shall not cause the termination of any obligation which by its nature is a continuing obligation.

 

8. INDEMNIFICATION: Both parties agree to indemnify and hold the other party, and the other party’s officers, directors, partners, employees, contractors, consultants, agents, investors, and Third Party providers, and shareholders harmless from and against any loss, expense, liability or damage, including but not limited to any judgment, award, settlement, reasonable attorney’s fees, or other costs or expenses suffered or sustained by any or all of the above indemnified parties, as a result of any third-party claim or cause of action out of the performance by the party. CUSTOMER agrees that although COMPANY provides products and services to limit criminal cyber activity, COMPANY is unable to guarantee those activities will not occur.

9. CONFIDENTIALITY: CUSTOMER acknowledges that they will have access to and receive disclosure of certain confidential or proprietary information about COMPANY. Confidential Information shall include but not be limited to any and all information of a confidential or proprietary nature, whether written, oral, electronic (email or other electronic documentation) or other medium for storage of information, documents, names of Vendors, Members, clients, present and future products, price quotes, commission structures, and policies disclosed by COMPANY to CUSTOMER, its employees, officers, directors, CUSTOMERs, or representatives, during the term of this Agreement. CUSTOMER shall protect and preserve the confidential and proprietary nature of all confidential information in its possession.  Notwithstanding the foregoing, confidential information shall not include any information that is or becomes generally available to the public or any information that is lawfully obtained by the CUSTOMER from a third party with the right to disclose such information.  In the event of a breach or threatened breach of this provision, the provisions of this paragraph may be enforced by an injunction restraining the breaching party from the commission of such breach to the full extent thereof, or to such except as a court of competent jurisdiction may deem just and proper for the reasonable protection of the rights and interest of COMPANY.  Nothing contained herein shall be construed as prohibiting COMPANY from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of money damages.

 

No party shall make any unauthorized disclosure of or use any personal information of individual consumers which it receives from the other party or on the other party’s behalf other than to carry out the purpose for which such information is received, and each party shall comply, to the extent applicable, with requirements of the implementing of regulations of Title V of the Gramm-Leach-Bliley Act of 1999. Each party shall adopt and maintain a comprehensive privacy policy with respect to its handling of the personal information of individual consumers submitted by such consumers to that party. Each party shall comply in all respects with the provisions of such privacy policy.

 

10.TRADE NAMES: CUSTOMER recognize the proprietary interest that COMPANY has in their corporate and trade names and CUSTOMER represents and warrants that CUSTOMER will not use COMPANY’s corporate identity or any trademark or service mark of the other or any COMPANY Vendor, including any private label name used by COMPANY, without having received prior consent to do so.

 

11.ARBITRATION: Any disputes or disagreements arising out of or relating to this Agreement, which cannot be settled by the parties on a mutually satisfactory basis, shall be submitted and settled by binding arbitration in the State of Florida. A single arbitrator shall be selected by agreement of the parties.  If the parties cannot agree on an arbitrator, each party shall nominate one arbitrator, and the nominated arbitrators shall select a single additional arbitrator, all of whom shall then serve as the arbitration panel.  The arbitration procedures shall be as directed by the arbitrator(s), or if the arbitrator(s) shall so decide, under the Commercial Arbitration Rules of the American Arbitration Association.  The parties agree that the arbitration shall be instead of any civil litigation and that the arbitrator’s decision and ruling shall be final and binding.  Each party will bear one-half (1/2) of the cost of the arbitration filing and hearing fees and one-half (1/2) of the cost of the arbitrator(s).

 

12. ENTIRE UNDERSTANDING: This Agreement states the entire understanding between the parties with respect to the subject matter hereof and supersedes all earlier and contemporaneous oral and written communications and agreements or promises made with respect to the same subject matter, and any other previous agreements, promises, or representations of any kind respecting the relationship between the parties hereto. This Agreement shall not be modified except as provided in this Agreement or in a written document signed by both parties.

 

13. NO WAIVERS: No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy.

 

14. SEVERABILITY: If any provision of this Agreement is construed to be invalid, illegal, or unenforceable, then the remaining provisions of this Agreement shall not be affected thereby and shall be enforceable without regard thereto.

 

15. CONTROLLING LAW: This Agreement is made under and shall be construed and enforced in accordance with the laws of the State of Florida.

 

16. ASSIGNMENT: This Agreement and the obligations hereunder may not be assigned by CUSTOMER except upon the prior written consent of COMPANY.

 

17. ELECTRONIC SIGNATURE CONSENT: You are agreeing to this CUSTOMER AGREEMENT using electronic processes, which will include the use of electronic records and electronic signatures. COMPANY is required by law to provide you with certain disclosures and information about your agreement (“Required Information”). With your consent, COMPANY can deliver Required Information to you electronically. You should print or download the Required Information and keep it for your records. Your consent also permits the general use of electronic records and electronic signatures in connection with your agreement. This notice contains important information that you are entitled to receive before you consent to electronic agreement.

PLEASE READ THIS NOTICE CAREFULLY AND PRINT OR DOWNLOAD A COPY FOR YOUR FILES.

Disclosures: By electronically signing this document, you consent to the use of electronic transactions, electronic signatures, and receipt of electronic versions of certain records. In addition, you agree to be bound by any consent or agreement you make or transmit through the internet or this application, including but not limited to any consent you give to receive records or communications from us solely through electronic transmission. You agree that your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

You are entitled to receive Required Information on paper, but if you do not consent to electronic delivery of Required Information, COMPANY cannot proceed with the acceptance and processing of your electronic enrollment. If you consent to electronic delivery of Required Information, you may withdraw that consent at any time. However, if you withdraw your consent, COMPANY will not be able to continue processing your agreement electronically. You may, however, enroll by using COMPANY’S paper hardcopy CUSTOMER AGREEMENT, but this may delay completion of the process. If you consent to electronic disclosures, that consent applies to all Required Information that COMPANY gives you or receives from you in connection with your enrollment and the associated disclosures, and other documents. You agree to print out or download Required Information when COMPANY advises you to do so and keep it for your records. If you have any trouble printing out or downloading any Required Information, you may call COMPANY. If you need to update your e-mail address or other contact information with COMPANY, wish to withdraw your consent to electronic disclosures, or wish to obtain a paper copy of the Required Information after submitting your agreement, you may do so by contacting COMPANY at the contact address or telephone number provided. Please contact COMPANY immediately if any of your contact information changes. There may be an additional charge for receiving paper copies of any information that you request. To electronically review and sign the CUSTOMER AGREEMENT, you will need to satisfy certain computer hardware and software requirements. If you do not have the required software and/or hardware, or if you do not wish to use electronic agreement, you can request that COMPANY send paper copies of the CUSTOMER AGREEMENT to you instead. COMPANY may require that certain communications from you be delivered to them on paper at a specified address.

 

Statement of Consent

I have read the information about the use of electronic records, disclosures, notices, and email, and consent to the use of electronic records for the delivery of Required Information in connection with my agreement to the CUSTOMER AGREEMENT. I have been able to view, download and print this enrollment information using my computer and software. I have an account with an Internet service provider, and I can send e-mail and receive e-mail with hyperlinks to websites and attached files. I also consent to the use of electronic records and electronic signatures in connection with my agreement to CUSTOMER AGREEMENT with COMPANY in place of written documents and handwritten signatures. I consent that by purchasing any products or services of COMPANY I agree to CUSTOMER AGREEMENT.

 

 

 

Service Agreement

 

Services

Watch Cloud will provide Endpoint services as outlined below. These services act as a preventative measure to cyber threats. Watch Cloud cannot guarantee every threat can be prevented but does provide services to reduce risk.

 

24/7 Managed Detection and Response Service

 

Watch Cloud’s Security Operations Center (SOC) will provide Managed Detection and Response services can prevent over 99% of malware before it can execute, including system and memory-based attacks, scripting, spear phishing, zero-day malware, privilege escalations, and malicious and potentially unwanted programs.

 

Serving as an extension of your team, our experts identify the real threats in your environment and provide context and actionable steps to help you mitigate threats around the clock.

This service offered includes the following:

• Monitoring & Alerting
  • Alerting & Remediation Guidance for Emerging Threats
  • 24x7x365 Monitoring, Triage and Response
• Reporting & Account Management:
  • Ongoing Customer Engagement & Reporting

 

Endpoint Backup

CURRENTLY NOT AVAILABLE FOR MAC DEVICES

VPN

Secures the connection between your device, the WiFi hotspot that you have connected to, and the world wide web. VPN is used to protect your online browsing from tracking, information snooping, ip-logging and more, providing you complete anonymity and privacy.

VPN uses strong encryption algorithms to mask and falsify your location so you can browse the internet freely, privately, without geographical limitation or other restrictions.

CURRENTLY NOT AVAILABLE FOR MAC DEVICES

 

Cybersecurity Training

An education platform that allows for the training and education of a firm and their employees. This includes phishing training amongst other cybersecurity education. Helps to evaluate, educate, and calculate risk of human error.

Phishing Simulation

Firewall & Drive Encryption

By default, most operating systems have a native firewall and drive encryption feature. Watch Cloud informs clients how to activate these within operating systems if they are available. Watch Cloud does not support with issues that may arise with these features. Due to the nature of how encryption works, Watch Cloud is not responsible for loss of encryption key, data loss, or other issues that may arise from use of these services.

 

Written Information Security Plan

Watch Cloud provides a WISP template that includes services provided by Watch Cloud. This is a template that should be reviewed and changed by customer as needed.

 

Response Plan

This is a template that should be followed. Customer is responsible for confirming template follows their company outline or make changes as needed.

 

Service Level Agreement (SLA)

We take pride in our commitment to deliver the highest quality and reliability of Managed Security Service(s). Details of our commitment to provide these services are outlined in this section.

Service Level Agreements

The following service level agreements (SLAs) shall apply to the services:

 

Service Hours

Monitoring: 24/7 with Live Analysis, Critical Alerting and Remediation Recommendations.

 

Incident Response

Upon our Security Operations Center determining a security incident has occurred, the customer shall receive a response (either via a ticket, email or telephonically) to security incidents within one day.

A “security incident” is defined as a high-risk attack on a protected device.

 

Service Rules and Regulations

Deployment of Managed Security Service(s) in a customer environment does not guarantee that intrusions, compromises, or any other unauthorized activity will not occur on a protected device.

• Company will not be undertaking any management of any devices subject to this service for intrusions, compromises, or any other unauthorized activity not defined in the service contract. Customer is solely responsible for acting upon the events and alerts presented to the Customer for the devices subject to this service. Company shall not have any liability or responsibility in connection with or arising out of Customer’s actions, failure to act or delay in acting on such events and / or alerts as and when presented.

 

• The SLAs set forth herein are subject to the following terms, conditions, and limitations:
  • The SLAs shall not apply during scheduled maintenance outages and therefore are not included in the availability calculations.

 

• • The SLAs shall not apply in the event of any Customer-caused service outage that prohibits or otherwise limits Company from providing the service, delivering the service level agreement or managed service descriptions, including but not limited to, misconduct, negligence, inaccurate or incomplete information, modifications made to the services, or modifications made to any monitored endpoints by the Customer. This includes issues caused by the Customer’s employees, agents or third parties.
• Furthermore, the SLAs shall not apply to the extent Customer does not fulfill and comply with Customer’s obligations and inter-dependencies set forth above.

 

Customer Commitments and Requirements

The Customer’s compliance with the following ensures Company’s ability to fulfill services under the Service Level Agreement:

• Customer is responsible for the maintaining appropriate levels of hardware support, maintenance, and connectivity to prevent network performance degradation.
• Customer is responsible for maintaining communications between the Customer’s contracted devices and Company’s Managed Security Service.
• Customer environment must follow Company’s requirements for supportability.
• Customer is responsible for security updates, and operating system and third-party patches.

 

 

Statement of Consent

I have read the information about the use of electronic records, disclosures, notices, and email, and consent to the use of electronic records for the delivery of Required Information in connection with my agreement to the SERVICE AGREEMENT. I have been able to view, download and print this enrollment information using my computer and software. I have an account with an Internet service provider, and I can send e-mail and receive e-mail with hyperlinks to websites and attached files. I also consent to the use of electronic records and electronic signatures in connection with my agreement to SERVICE AGREEMENT with COMPANY in place of written documents and handwritten signatures. I consent that by purchasing any products or services of COMPANY I agree to SERVICE AGREEMENT.