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MEMORANDUM OF UNDERSTANDING

Company Name HOSTING SERVICES AND SUPPORT SERVICES. Unless specifically contracted by a fully executed Service Level Agreement (SLA), the following is a list of services, responsibilities, obligations and duties that Company Name does not provide free of charge nor are they included in any hosting package or development project. The purpose of this memorandum is to set forth an understanding of the services Company Name does provide and how they are billed. Investigation of customer-reported issues or concerns.

The public use of any web site or web application by its users-including, but not limited to the data that may be input into the system by users, browsers, operating systems, or devices they may be using to access the web site, and users who cannot login to the system or have forgotten passwords or access codes or make any other request once the site is used-may create new support requests that Company Name is not responsible for acting on or investigating unless billing for its time, regardless of the outcome. Issues resulting from increase in traffic or usage. The traffic resulting from any amount of users, legitimate or otherwise, connecting to a web site, web server or web application impacts performance and Company Name is not responsible for problems that may arise due to an increase in traffic, legitimate or otherwise.

Assistance in troubleshooting your systems is a billable service. Upgrades, patches, and security fixes. Company Name is not responsible for any upgrades, updates, patches, backups; or for monitoring of the web site, project or web application for updates, upgrades, security fixes, or patches.

Training and assistance

Company Name is not responsible for additional training, consulting or documentation of any projects, web sites, or web applications. All assistance concerning how to operate your various systems shall be billed at the Company Name's hourly rate.

Security and protection of data

Company Name is not responsible for the security of any Customer systems, including but not limited to Customer's web site(s), web server(s), web application(s), backups or any other component therein. Further, because Customer may allow the public to interact and use its web site, Customer assumes all risk for what the public enters into Customer's systems, web site, or web application. Company Name is not responsible for the criminal acts or intrusions of third parties.

System restoration

Company Name is not responsible for restoring data or files from any available backup source without charging an hourly rate. Company Name is also not obligated to restore files or functionality or restore availability of systems during any guaranteed time period. This includes nights and weekends.

End user and desktop support

Company Name does not provide end user or desktop support services. This includes, but is not limited to: troubleshooting email clients, desktop programs, connectivity issues, browser issues or any issue pertaining to the end user's system, such as a laptop, device, desktop, server or smartphone. Company Name may lend assistance remotely, however customer may require in-house IT support to correct end user issues and concerns.

Support for customer's own customers

Company Name is not responsible for investigating reported problems that originate from a user (or customer) of any of the Customer's systems. Investigating reported issues is a billable service no matter where the problem originates from.

Backups

Customer is fully responsible for all backup systems and the integrity of such backups. Company Name makes no guarantee in any form that protects the customer in case of any data loss, and all requests to restore data in any form are billable services. Company Name further makes no guarantee that any backups restored will provide the exact data that the customer desires. Customers wishing to protect their data need to employ a continuous backup system.

Investigations and forensics

Any investigation into any event is a billable service. Company Name may undertake its own investigations into incidents. However providing Customer any detailed accounting of intrusions, criminal acts, employee actions (Customer's employees) or research concerning systems analysis or event tracking is a fully billable service.

Company Name may not have data, solutions or answers pertaining to any investigative work and all investigative work or consulting pertaining to Customer's operations shall be billed at the Company Name's hourly rate. I, the undersigned, have read, understand and agree to the above Memorandum of Understanding concerning Company Name's services, limitations on services, and billing policies.