1. Introduction
This Service Agreement (“Agreement”) outlines the terms and conditions governing the provision of cPanel Server Management Services (“Services”) by MJF Ventures DBA Fitzgerald Tech Solutions (“Service Provider”) to the client (“Client”). This document defines the scope of services included, services expressly excluded, and the legal obligations and rights of both the Service Provider and the Client.
2. Services Provided
The Service Provider agrees to perform the following cPanel Server Management Services for the Client:
2.1. Server Monitoring
- Continuous Monitoring: Monitoring of server operations to ensure uptime and efficient performance.
- Alert System: Implementation and management of an alert system for any operational issues.
2.2. Security Management
- Security Audits: Conducting regular audits to identify and rectify security vulnerabilities.
- Malware Protection: Implementing and maintaining malware detection and removal tools.
2.3. Account and User Management
- User Configuration: Management of user accounts including creation, modification, and deletion.
- Permission Settings: Configuration of appropriate permissions for users to ensure operational security and efficiency.
2.4. Performance Optimization
- Resource Allocation: Monitoring and adjusting resource allocations to optimize server performance.
- Service Optimization: Tuning server services and parameters for optimal operation.
2.5. Addressing Server Alerts
- Incident Response: Immediate response to server alerts to identify and rectify issues.
- Resolution Documentation: Documentation of incidents and resolutions for future reference.
2.6. Escalation Procedures
- Datacenter Communication: Direct communication and escalation of critical issues to the datacenter when necessary.
2.7. Technical Support
- Support Availability: Providing ongoing technical support via phone, email, or chat.
- Issue Resolution: Assisting with troubleshooting and resolving server-related issues promptly.
3. Exclusions from Service
The following services are expressly excluded from this Agreement:
3.1. Disaster Recovery
- Disaster Recovery Planning and Implementation: Services related to disaster recovery are not covered under this Agreement.
3.2. Hardware Failure
- Hardware Repairs and Replacement: The Service Provider is not responsible for physical server hardware issues.
3.3. Networking
- Network Infrastructure Management: Management and troubleshooting of external network infrastructure are excluded.
3.4. Third-party Integration
- Integration Services: Integration with third-party applications and services is not included.
3.5. External Storage Solutions
- External Data Storage Management: Services related to external data storage solutions are not provided.
3.6. Training and User Education
- Training Programs: Provision of training sessions or educational materials for cPanel or server management is excluded.
3.7. Website Development and Management
- Website Services: Any services related to the development, design, or management of websites are not covered.
3.8. Application Development
- Custom Application Services: Development or management of custom applications is outside the scope of this Agreement.
4. Legal Terms and Conditions
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].
- Liability: The Service Provider shall not be liable for any indirect, special, or consequential damages arising out of or in connection with the use of the Services provided.
- Amendments: This Agreement may only be amended in writing signed by both parties.
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Duration and Termination: This Agreement is effective upon the date of signing and will continue until terminated by either party with a 30 day notice.
This Agreement constitutes a legally binding contract between the Service Provider and the Client, ensuring clear expectations and responsibilities are established for the management of the cPanel server.