1. General Overview These Terms and Conditions ("Terms") govern the use of Phakamo Tech’s 24/7 Managed Detection and Response (MDR) Service ("Service"). By subscribing to or using the Service, the Customer agrees to these Terms.

2. Service Scope Phakamo Tech will provide continuous monitoring, threat detection, and incident response services as per the selected service plan (Basic, Enhanced, or Premium). The Service leverages Microsoft Security technologies, including Microsoft Sentinel, Defender Suite, Intune, and Purview. The Service is available 24/7, excluding any planned maintenance windows or force majeure events.

3. Customer Responsibilities Provide accurate and complete information during onboarding to ensure seamless integration. Maintain all necessary Microsoft licenses (e.g., Sentinel, Defender Suite, Purview) required for the Service. Ensure connectivity and proper configuration of infrastructure to facilitate data ingestion into Microsoft Sentinel. Cooperate with Phakamo Tech’s SOC team during incident investigations and response activities. Comply with applicable laws, regulations, and industry standards for data protection and security.

4. Service Level Agreement (SLA) Service Availability: 99.9% uptime guarantee, excluding planned maintenance.

Incident Response Times:

High-Severity Incidents: Investigation initiated within 30 minutes of detection. Medium-Severity Incidents: Investigation initiated within 2 hours of detection. Low-Severity Incidents: Investigation initiated within 24 hours. Reporting:

Weekly activity summaries for Basic Plan. Monthly detailed reports for Enhanced and Premium Plans. Quarterly executive reviews for Premium Plan. Phakamo Tech will not be liable for SLA breaches caused by factors beyond its reasonable control, including customer-side misconfigurations.

5. Data Privacy and Security Phakamo Tech adheres to applicable data protection laws, including GDPR and POPIA. Customer data will be processed and stored in accordance with Microsoft Azure's data protection policies. Phakamo Tech will not share or sell customer data to third parties.

6. Subscription and Payment Terms Subscription fees are billed monthly in advance based on the chosen plan (Basic, Enhanced, or Premium). Additional fees may apply for optional add-ons or overages beyond the contracted scope. Payments are due within 30 days of the invoice date. Late payments may result in suspension of the Service. Customers can upgrade or downgrade service plans with 30 days' written notice.

7. Termination Either party may terminate the Service with 60 days' written notice. Phakamo Tech may terminate the Service immediately if the Customer violates these Terms, fails to pay fees, or engages in illegal activities. Upon termination, all customer data will be returned or securely destroyed within 30 days.

8. Limitation of Liability Phakamo Tech will not be liable for: Indirect, incidental, or consequential damages, including loss of profits or data. Breaches arising from third-party integrations or misconfigurations. Cybersecurity incidents that occur due to customer-side vulnerabilities outside the Service scope. Total liability is limited to the amount paid by the Customer for the Service in the preceding 12 months.

9. Force Majeure Phakamo Tech will not be liable for delays or failures in delivering the Service due to events beyond its reasonable control, including natural disasters, government actions, or internet disruptions.

10. Intellectual Property All methodologies, playbooks, and tools provided by Phakamo Tech remain its intellectual property. The Customer retains ownership of their data and systems.

11. Dispute Resolution Any disputes will be resolved amicably between the parties. If unresolved, disputes will be subject to arbitration in accordance with the laws of South Africa.

12. Governing Law These Terms are governed by the laws of South Africa, without regard to its conflict of laws principles.

13. Changes to Terms Phakamo Tech reserves the right to update these Terms with 30 days’ notice to Customers. Continued use of the Service after the changes constitutes acceptance of the updated Terms.

14. Contact Information For inquiries or support, contact: Email: support@phakamo.co.za Phone: +27-011-312-1596