Hardware as a Service (HaaS) Statement of Work

Hardware as a Service (HaaS) Statement of Work

This Statement of Work (“SOW”) is intended to be incorporated into an agreement that includes both the Master Services Provider Agreement or “MSA” and the SOW (collectively, the “Agreement”). This SOW does not replace the MSA but incorporates all the provisions and obligations set forth in the MSA. Should any provision of the MSA and this SOW conflict, the SOW shall take precedence. MSP provide the Services described below to the standards stated in the MSA.

This SOW, with an effective date of ______, 2021 (“SOW Effective Date”) supplements the MSA, which has an effective date of ______, 2021by and between NOVA Computer Solutions, LLC_(“MSP”) and ___________________________ (“Client”). This SOW consists of the Agreement and any unique attachments to this SOW, which are all incorporated into the Agreement by this reference and are made a part of the Agreement.

Services will be provided and limited as indicated in the check boxes below. Further service offerings can be secured via subsequent SOW’s.

Services offerings are based on the NIST (or other National Standard) however, services alone will not achieve compliance and Client should review the National Standard at Cybersecurity | NIST to review the broader requirements. MSP does not provide any National Standard/Law/Regulation compliance services and services provided will be limited to those elected below or as modified in subsequent SOW’s.

Capitalized terms used herein, unless otherwise defined, will have the meanings given to them in the Agreement.

1. Period of the Agreement

This Agreement is effective as of the contract effective date and remains in effect for 36 months. The contract is renewed automatically for an additional term of 36 months after the initial 36 months. Upon termination there shall be no refund or credits allowed. However, if this Agreement includes Hardware As a Service (“HAAS”), then it shall be for 48 months and renew for 48 months rather than 36 months.

1. Services Offerings (Services will be provided directly by MSP or as indicated.)

[ ] Antivirus software and management of software via Eset Inc.

[ ] Next-Generation Protection via Huntress Labs.

[ ] Monitoring and alerting of computers, servers, firewall, and network equipment via Connectwise.

[ ] Automated and manual maintenance of computers and servers (including software updates, patch management, and database management) via Connectwise.

[ ] Helpdesk Services

[ ] Project Services – design, quoting, implementation, and management.

[ ] Staff education on proper technology hygiene – weekly security tips & monthly newsletter.

[ ] Cyber-Security Training – via Breach Secure Now.

[ ] Backup & Disaster Recovery Services – via StorageCraft.

[ ] Drive Encryption – Drive encryption for all Laptops and Servers via Bitlocker.

[ ] Email Encryption – Email Encryption for HIPAA Compliance via Intermedia.

[ ]  Email Archiving – via StorageCraft.

[ ]  VPN Connections – Virtual Private Network Connections (Remote connections to the office) via SonicWall.

[ ] SonicWall Network Security Appliance – (Internet Router) via Sonicwall.

[ ] VoIP – Voice over Internet Protocol Telephones via 8×8.

[ ] HAAS – Hardware as a Service

 

*Please go to our web site to the 3^rd Party Providers sections for the current links to the indicated providers Terms and Conditions to which you may be subject.

1. Availability & Hours of Operation

Day	Time	Availability
Monday – Friday	8:00 AM – 5:00 PM	Unlimited remote service. Onsite support $135.00.
Saturday – Sunday	8:00 AM – 5:00 PM	After-Hours Remote / Onsite Support billed at Weekend Labor Rate
Holidays	Office is Closed	After-Hours Remote / Onsite Support billed at Holiday Labor Rate

1. Scheduled Equipment /Location-Specify equipment under SOW.*

Servers		1
Desktop/Laptops		25
Business Continuity Plan – StorgageCraft 499GB Backup Appliance (1Yr Retention		1
Total Monthly Free Remote Support Hours included:		Unlimited
Security Plus (NextGen-Protection)		25
Breach Prevention Plan		25

*Equipment list in Exhibit A

 

1. Limitation of Liability

MSP’s aggregate liability arising from or out of or relating to services rendered under this SOW shall be limited to the fees paid under this SOW for the previous three (3) months. This limitation of liability shall extend to all services and products provided by MSP, unless agreed to otherwise by Customer and MSP, in writing. The Customer shall hold MSP harmless and provide any necessary payment of costs and expenses to MSP for any and all liability resulting from any claim that exceeds this limitation of liability stated herein.

1. Hardware/System Support

MSP shall provide support and replacement of the hardware and systems specified in Appendix A, provided that all Software is Genuine, Currently Licensed, Vendor-Supported. Should any hardware or systems fail to meet these provisions, they will be excluded from this HaaS Agreement. Should 3rd Party Vendor Support Charges be required in order to resolve any issues, these will be passed on to the Client after first receiving the Client’s authorization to incur them.

Service rendered under this Agreement does not include: any service or product not specifically provided for in this Agreement. If said service or product is not included on this SOW, then MSP is not responsible for said service or product.

1. Equipment Agreement

Client agrees that all equipment listed in Appendix A will remain sole property of MSP which retains a 100% security interest. Client will not attempt to sell, resale, tamper, troubleshoot, repair, move, add, etc. to this equipment without written permission of MSP. Should this contract be terminated by either party, client agrees to return the property listed in Appendix A, or after acquired, to MSP within 10 days after the final cancellation date.

Customer further acknowledges and gives permission to MSP to take possession of equipment listed in Appendix A from the location listed in event of contract termination after 10 day grace period, and agrees to compensate MSP for expenses accrued during the recovery in addition to all amounts owed under the balance of the agreement. Client agrees and understands that equipment is to be maintained completely by MSP. Any tampering, repair attempt or service completed by another party on the equipment listed in Appendix A could result in the immediate cancellation of this agreement.

Should Client default in its obligations under this Agreement, permission is granted to enter their premises at any time, with or without permission, and remove all of MSP hardware, and all efforts to recover such property will be deemed consensual and not a trespass. Client agrees to fully cooperate and will not interfere in any way, including but not limited to involving law enforcement. Client acknowledges that the hardware provided under this agreement belongs to MSP, which retains a 100% Security Interest, and MSP may repossess without notice, upon breach of this agreement by client.

1. Support and Escalation

MSP will respond to Client’s trouble calls with best effort after hours or on holidays. Trouble calls must be opened via phone. Each call will be assigned a Trouble Ticket number for tracking.

1. Service Disclaimer

Client grants MSP authorization to view any data within the regular routine of the repair or system improvement. Customer also authorizes MSP to reasonably delete, change, and/or rewrite any necessary information to complete the system repair or improvement that is consistent with the standards and practices in the industry.

1. Third Party Providers(s)

In order to enhance the services deliverables provided by MSP, tMSP may utilize third party providers for certain services. In addition to MSP, client MAY BE legally bound to the third-party provider’s Terms and Conditions. The 3^rd party provider and link is available at our website under the 3^rd Party provider tab. Client may also be subject to and any other agreements and documents presented by the third party provider that are required to provide the services, each as amended by the third party provider from time to time.

Service	Providers	Terms & Conditions**
Backup & Recovery	StorageCraft	Terms and Conditions – NOVA Computer Solutions
Virus Protection	Eset	Terms and Conditions – NOVA Computer Solutions
Next Generation Protection	Huntress Labs	Terms and Conditions – NOVA Computer Solutions
RMM Tool	Connectwise	Terms and Conditions – NOVA Computer Solutions
PSA Tool	ConnectWise	Terms and Conditions – NOVA Computer Solutions
Infrastructure Document Management	ITGlue	Terms and Conditions – NOVA Computer Solutions
Breach Presentation Platform	Breach Secure Now	Terms and Conditions – NOVA Computer Solutions
Sonicwall Network Security Appliance	Sonicwall	Terms and Conditions – NOVA Computer Solutions
Hard Drive Encryption	Bitlocker	Terms and Conditions – NOVA Computer Solutions
Email Encryption	Intermedia	Terms and Conditions – NOVA Computer Solutions

*** Third Party Providers may be changed/replaced during the service period.

1. Fees

Fees will be $XXX.XX per month plus applicable taxes, invoiced to Client on a monthly basis, and will become due and payable on the first day of each month. Services will be suspended if payment is not received within 10 days following date due.

1. Taxes

It is understood that any Federal, State or Local Taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. Client shall pay any such taxes unless a valid exemption certificate is furnished to MSP for the state of use.

1. Billing

CLIENT has the option of billing by automatic withdrawal from checking account or credit card at the beginning of each month. Any late payments for invoiced services beyond the 1st of the month will be accessed a daily late charge based on an annual rate of 18% of the amount outstanding. Non-payment will result in temporary stoppage of services; CLIENT will have 15 days to make payment or services will be temporarily suspended until all payments are made in full.

ACH Billing
Monthly Reoccurring Service Fee:				$
Initial Setup Fee				$
Total Due				$

1. Cancellation

All contracts that are canceled prior to term agree to pay for all off-boarding time and material fees.

1. Fee Increases:

This contract has an automatic 5% increase yearly and MSP reserves the right to revise fees at any time. MSP will provide the Client of the updated fee’s, other than the automatic yearly increase, fifteen (15) days prior to the next month’s invoice.

1. MSA Modifications

This SOW is effective only upon execution by MSP and Client. Each party hereto warrants and represents that this SOW and the MSA constitute the legal, valid, and binding obligation of such party as of the SOW Effective Date.

The previously referenced MSA with its provisions and obligations incorporated into this SOW can be accessed at: http://MSP.com/terms & conditions. Sign below to indicate your acceptance, of both the MSA and SOW and we’ll do the same.

MSP: _____________________________ Client:______________________________

 

Signature: __________________________ Signature: __________________________

Name: ________________________________ Name: _____________________________

Title: ________________________________ Title: ______________________________

Date: __________________________ Date:______________________________

Personal Guarantee

The undersigned, for value received, hereby unconditionally guarantee(s) to MSP, a Virginia corporation, full payment of all sums due and owing, pursuant to the terms indicated. The undersigned further guarantee(s) all renewals, extension, additions thereof. The undersigned agree(s) to pay $25.00 fee for each returned check and authorize(s) that the fee and the check amount can be electronically collected. The undersigned further agree(s), in the event legal action is instituted to enforce collection, to pay reasonable attorney’s fees and costs for such legal action. The undersigned also agree(s) to submit to legal jurisdiction in the county of Prince William, State of Virginia.

_________________

Authorized Signature NOVA Computer Solutions, L.L.C. Date

_______________________

Authorized Signature Name Date

___________________________________
Home Address

EXHIBIT A

Scheduled Equipment /Location

OP1
Dell Optiplex 3050	OP1	CHNJMN2
Keyboard	Logitech MK270	8638019
Mouse	Logitech MK270	8638018
Monitor	ViewSonic 22inch VX2252mh	UFY180420048, UFY180821234
Battery Backup	CyberPower 685	bGPGY2001120
OP2
Dell Optiplex 7050	OP2	chPGMN2
Keyboard	Logitech MK270	8638013
Mouse	Logitech MK270	8638012
Monitor	ViewSonic 22inch VX2252mh	uFY180420835,TVR154660447
Battery Backup	CyberPower 685	bGPGX2002026
OP3
Dell Optiplex 7050	OP3	cHPFMN2
Keyboard	Logitech MK270	8638021
Mouse	Logitech MK270	8638020
Monitor	ViewSonic 22inch VX2252mh	uFY180821241, UFY180823562
Battery Backup	CyberPower 685	bGPGY2001121
OP4
Dell Optiplex 7050	OP4	cHQFMN2
Keyboard	Logitech MK270	863/009
Mouse	Logitech MK270	8638008
Monitor	ViewSonic 22inch VX2252mh	UFY180821248, UFY180821231
Battery Backup	CyberPower 685	bGPGV2002772
OP5
Dell Optiplex 7050	OP5	CHNLMN2
Keyboard	Logitech MK270	8638026
Mouse	Logitech MK270	8638027
Monitor	ViewSonic 22inch VX2252mh	uFY180821276,UFY180829179
Battery Backup	CyberPower 685	bGPGY2001104
DRP
Dell Optiplex 7050	DRP	cHPKMN2
Keyboard	Logitech MK270	8638011
Mouse	Logitech MK270	8638010
Monitor	ViewSonic 22inch VX2252mh	uFY180420837
Battery Backup	CyberPower 685	bGPGX2001976

___/____ APPENDIX A

FD 1
Dell Optiplex 3050	FD1	cHPHMN2
Keyboard	Logitech MK270	8638003
Mouse	Logitech MK270	8638002
Monitor	ViewSonic 22inch VX2252mh	UFY180420051,UFY180420829
Battery Backup	CyberPower 685	bGPGW2002120
FD2
Dell Optiplex 3050	FD2	cHQDMN2
Keyboard	Logitech MK270	8638007
Mouse	Logitech MK270	8638006
Monitor	ViewSonic 22inch VX2252mh	uFy180420047
Battery Backup	CyberPower 685	BGPGW2001570
FD3
Dell Optiplex 3050	FD3	cHNKMN2
Keyboard	Logitech MK270	8638023
Mouse	Logitech MK270	8638022
Monitor	ViewSonic 22inch VX2252mh	UFY180920525
Battery Backup	CyberPower 685	BGPGW2001570
Hygiene1
Dell Optiplex 3050	Hygiene1	CHPDMN2
Keyboard	Logitech MK270	8638015
Mouse	Logitech MK270	8638014
Monitor	ViewSonic 22inch VX2252mh	UFY180420057,UFY180420052
Battery Backup	CyberPower 685	BGPGy2001104
Hygiene2
Dell Optiplex 3050	Hygiene2	chNHMn2
Keyboard	Logitech MK270	8638017
Mouse	Logitech MK270	8638016
Monitor	ViewSonic 22inch VX2252mh	UFY180420052,UFY180420833
Battery Backup	CyberPower 685	bGPGX2001977
Hygiene3
Dell Optiplex 3050	Hygiene3	cHPJMN2
Keyboard	Logitech MK270	8638025
Mouse	Logitech MK270	8638024
Monitor	ViewSonic 22inch VX2252mh	UFY180920548,TVR15460443
Battery Backup	CyberPower 685	BGPGW2002119

___/____ APPENDIX A

MED
Dell Optiplex 3050	MED	cHPLMn2
Keyboard	Logitech MK270	8638000
Mouse	Logitech MK270	8638001
Monitor	ViewSonic 22inch VX2257mhd	UFY180821221
Battery Backup	CyberPower 685	bGPGV2003717
Upstairs
Dell Optiplex 7050	Upstairs	68lkXM2
Keyboard	Logitech MK270	8638005
Mouse	Logitech MK270	8638004
Monitor	ViewSonic 22inch VX2252mh	UFY180420052
Battery Backup	CyberPower 685	bGPGV2002773