Terms and Conditions for EBLA - Microsoft Cloud Managed Services

1. Introduction These Terms and Conditions govern the use of EBLA - Microsoft Cloud Managed Services (the "Service"). By using the Service, you agree to comply with these Terms and Conditions.

2. Services Provided EBLA offers comprehensive management of Microsoft Cloud services, including Azure, Microsoft 365, and other related services. The Service includes but is not limited to monitoring, maintenance, support, and optimization.

3. Customer Duties and Responsibilities

    You acknowledge that the Managed Cloud service relies on you providing us with accurate information on your Approved Cloud Environment, including but not limited to details on applications, user locations and application usage profiles, storage, peripherals, network topology and security requirements.

    You must perform any testing we advise you is necessary in connection with your Managed Cloud service.

    You are responsible for all internal stakeholder communications in connection with your Approved Cloud Environment (for example outages for patches or upgrades).

    You must ensure that you have permission from the owner of the Approved Cloud Environment account for us to have administrative access to their account for the purpose of providing your Managed Cloud service.

    You must identify your personnel that are responsible for working with us and define the roles of the identified personnel. You must also ensure your identified personnel are available to provide information, and participate in scheduled information gathering sessions, interviews, meetings and conference calls with us.

    You will use reasonable endeavors to investigate and try to identify whether or not the Approved Cloud Environment is the likely root cause before contacting us for support.

    You are responsible for ensuring that you comply with the license terms of any software (such as application software or operating system) which you install or use in connection with your Approved Cloud Environment.

    Even though we are providing you with managed services for your Approved Cloud Environment, you will be given a high degree of control over your Approved Cloud Environment and will be granted access to data based on their role within the company (role-based access control). If you configure and manage your Approved Cloud Environment in such a manner that causes disruption to your cloud services or the Managed Cloud services and/or deletion of any of your data, you will be responsible for any loss that you suffer as a result, but EBLA will try to do best efforts for recovery.

    If your Managed Cloud service includes management of third party hardware and/or software not provided by us, you warrant that you have obtained the appropriate consents or hold the necessary licenses to enable us to manage that hardware or software on your behalf.

    You remain responsible for your overall compliance with the applicable industry standards and regulations. We do not guarantee end-to-end compliance with any industry standards or regulation and we do not and cannot assume your compliance obligations under all or any of the industry standards or regulations.

4. Service Out of Scope

    Providing support for non-supported environment.

    Configuration of any technology other than the Approved Cloud Environment or as otherwise set out in the Statement of Work.

    End user support and training.

    Interstate or international travel and onsite support (unless specifically stated in the Statement of Work). Travel fees may apply where travel is required.

    Support of the applications that are installed on the virtual machines within the Approved Cloud Environment; SLA of third party vendors will be applicable.

    Testing or deployment outside of the scope of this service.

    Software licenses for both antivirus and backup.

    Storage costs for backup, Azure Services.

    Any certificate of compliance or other confirmation of compliance with any applicable industry standards or regulations or laws.

    Any request for migration/upgrade/extension of existing Azure infrastructure will be considered as separate Project.

5. Service Considerations and Assumptions

    EBLA shall provide support for Azure Infrastructure where there is a failure in the normal course of function.

    SLA of Microsoft Premier Support Services will be applied for all cases escalated to MS Premier Services.

    If customer has a Premier Support it will be utilized for solving support cases otherwise EBLA will use Standard support from Microsoft to solve support cases.

    SLA of third party vendor will be applied for all tickets raised with third party products and services.

    Customer should have valid support agreement with third party vendors.

6. Payment Terms Clients are required to adhere to the agreed payment schedule. Late payments may incur additional charges. All fees are non-refundable except as otherwise provided in these Terms and Conditions.

7. Confidentiality EBLA will maintain the confidentiality of any client data and will not disclose such data to third parties without prior consent, except as required by law.

8. Data Security EBLA will implement reasonable security measures to protect client data from unauthorized access, loss, or disclosure. However, EBLA is not responsible for any data breaches caused by client actions or third-party actions.

9. Service Availability EBLA strives to provide continuous availability of the Service but does not guarantee uninterrupted service. Scheduled maintenance and unforeseen technical issues may result in temporary service interruptions.

10. Limitation of Liability EBLA shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Service. The total liability of EBLA for any claims arising from the Service shall not exceed the amount paid by the client for the Service in the preceding 12 months.

11. Termination EBLA reserves the right to terminate the service agreement at any time for breach of these Terms and Conditions. Clients may also terminate the agreement with prior written notice.

12. Modifications to Terms EBLA reserves the right to modify these Terms and Conditions at any time. Clients will be notified of any changes, and continued use of the Service constitutes acceptance of the revised Terms and Conditions.

13. Governing Law These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where EBLA is headquartered.

14. Contact Information For any questions or concerns regarding these Terms and Conditions, please contact us at msp@eblacorp.com