My Digital Security Professionals

Client Service Agreement - mDSp


PERSONAL HOME AND DIGITAL SECURITY SERVICE PROVIDER AGREEMENT

This Agreement (the “Agreement”) is made as of [esigtodaydate name="esig-sif-today-1590243605879" verifysigner="undefined" displaytype="underline"] (the “Effective Date”), by and between My Digital Security Pro, LLC (MDSP) (“The Service Provider” is identified for the purposes of this agreement as an Independent Contractor and {{billing_first_name}} {{billing_last_name}} {{billing_company}} (The “Client”).

WHEREAS, the service provider is engaged in the business of Digital, Personal & Home Security Services.

WHEREAS, the Client desires to engage the service provider to perform the services described herein, and Service Provider agrees to provide such services in accordance with this Agreement.

I. Description of Subscription Services to be provided by Service Provider:

Networking Hardware

During the subscription period, My Digital Security will provide enterprise networking hardware as required to maintain network administration functions and high quality functionality for users. The networking hardware becomes the property of the client upon completion of the terms & conditions of this entire agreement.

Home Package

    1. Network Hardware Professional Installation
    2. Channel Analysis
    3. UniFi® Dream Machine 
    4. Cat 6e cables & Hardware

 Business Package

    1. Network Hardware Professional Installation
    2. Channel Analysis
    3. Cat 6e cables & Hardware
    4. UniFi® Dream Machine Pro (Business Package Only)
    5. Spectrum Analysis (Business Package Only)
    6. Wall Mount Rack Cabinet (Business Package Only)
    7. UniFi® AP AC PRO (Business Package Only)
    8. Tripp Lite 15 Amp 12 outlet Power Strip (Business Package Only)
    9. Tripp Lite 1500VA Smart UPS Battery Back Up, 900W w/ LCD (Business Package Only)

Subscription per user includes:

    1. Professional Network Administration
    2. Professional Device Administration 
    3. A Physical Security Audit & Ongoing Property Security Consulting
    4. Misc. Device & Networking Phone / Email Tech Support 
    5. Gsuites Basic App Subscription for each user
    6. Gsuites Device Administration for each device
    7. Device and Network Parental/Employee Controls & Alert Monitoring
    8. Managed Software Updates for each device
    9. Custom Email Spam & Security filters for each user
    10. Private Internet Access® VPN for core network & each device
    11. RADIUS Device Authentication for core network for each device
    12. VPN Tunnel for each device through core network for each device
    13. Annual Reputation Review (Provide report of online reviews, social media & online search forums) for each user
    14. Identify Force® Subscription with 3 Bureau Credit Monitoring for each user
    15. Avast® Premium Security Smart Antivirus, Anti ransomware, File Shield, Wifi Shield & Email Shield for each device
  2.  
  3. Business Package Only
  4.  
    1. Website Threat Management (Business Only)
    2. Website Security Alert Setup & Monitoring (Business Only)
    3. Website Stability & Speed Audit (Business Only)
    4. Gsuites Business App Subscription (Business Only) for each user

II. Wiring & Installation Permissions To ensure you have a smooth installation experience, if you do not own the residence in which you intend to install your My Digital Security Pro Networking System, we ask that you obtain landlord approval prior to any business or custom wiring installations.

Installation of a My Digital Security Pro System may involve modifications to the property. While these modifications are often minor, standard professional installation many times includes drilling holes in order to run cable and attach equipment securely to the outside of the structure. Any such type of modification may be forbidden pursuant to the terms of your lease/rental agreement or may require pre-approval by the landlord. Please be advised that landlord approval is often required with multi-tenant apartment buildings.

You should carefully review your lease agreement to determine if you have the right to make such modifications. If landlord approval is required, please request that the landlord, or its authorized representative, complete the section below (contained within this agreement) to acknowledge authorization for the installation and provide this signed form to My Digital Security Pro, prior to or at the time of installation.

By providing this signed form to your professional installer, you are granting MDSP permission to install your new networking system and are releasing MDSP from obligation to remove your system after it is installed. The signed installation permission form releases MDSP (including any installation technician) from any liability related to damages your landlord may claim as a result of an alleged violation of your lease/rental agreement as it relates to the installation of your new MDSP System.

Should your landlord only approve the MDSP System installation subject to special requirements that make the actual install more expensive (or exceeds what MDSP offers as part of its standard professional installation), you will be asked to pay a corresponding charge, to be agreed upon by you and your installer, for the additional services. In addition, please remember that technical issues may still prevent installation of your MDSP system. Though this is rare; your money will be refunded.

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III. Control Over Services and Quality Assurance. Service Provider shall retain the unqualified right of maintaining employees and materials along with the means, manner and methods by which the Services are performed.

IV. Compliance with Applicable Law. Service Provider shall be responsible for complying with all applicable federal, state and local, laws, rules, licenses, permits, ordinances, regulations and/or codes that pertain to the performance of the Services. If new requirements are instated, the service provider will be allowed an ample amount of time to attain and comply with such requirements.

V. Payment terms: The setup & initial months service shall be due on or before the day before the scheduled installation appointment. Billing will be electronically invoiced a full monthly service amount on the 15th of each month for the following month. Any prorated months will be charged in the second billing period.

VI. Taxes & Form 1099 Compliance. Service provider is incorporated and therefore is not required to complete w9's and clients are furthermore exempted from reporting paid amounts on 1099's to the IRS. 

VII. Required Insurance. Service Provider will maintain the following insurance policies during the duration of this agreement a) workers compensation for any employees or as otherwise required by law with deductibles and coverages that meet or exceed local, state and federal minimums. 

The service provider will maintain both an active General Liability and Errors and Omissions policies with per occurrence coverage limits of at least $1,000,000.

IIX. Term and Termination. This Agreement shall begin on the signing date of this agreement for and ensure for . Each end of term will automatically self renew for an additional one month term. The initial month will be prorated Either party upon 30 days written notice from either My Digital Security Pro, LLC or Client, either party can cancel this agreement for any reason at any time, effective upon delivery of such notice.

IX. Indemnification. Client shall indemnify, defend and hold harmless the service provider, its current and former employees, principals (partners, shareholders or holders of an ownership interest, as the case may be) and agents, from and against any claims, including third-party claims, demands, loss, damage or expense (including attorney fees) relating to (a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, (b) the damage, loss or destruction of any property of the indemnified party or its Client(s), or injury or death to any persons resulting from the actions or inactions of any employee, agent or subcontractor of the indemnifying party insofar as such damage arises out of or is in the course of fulfilling its obligations under this Agreement and to the extent such damage is due to any negligence, unlawful conduct, omission or default of the indemnifying party, its employees, agents or subcontractors.

X. No warranty or guarantees. Service Provider does not guarantee nor provide any warranty other than those explicitly required by local, state or federal law. Inspections, security upgrades, repairs and all other work completed are intended to improve security, not provide an attack proof solution. All liability arising from, unforeseen events, malicious third parties, failures of process, system down time, system failures or other short or long term security issues remains the liability of the client.

XI. Notice. Any notice or other communication shall be deemed given by (1) electronic email (2) personal delivery, or (3) a written notice mailed by certified mail with tracking information, provided that such notice is addressed to the parties current or last known addresses.

XII. Construction & Survival. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms of this Agreement shall remain in full force and effect. All provisions of this Agreement, which by their nature should reasonably survive the termination of this Agreement, shall survive the termination of this Agreement.

XII. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document.

XIV. Dispute Resolution and Binding Arbitration. This Agreement shall be governed by and construed and enforced in accordance with the laws of the clients state, without giving effect to any conflicts of laws provisions. Any disputes between My Digital Security Pro, LLC (including its affiliates, shareholders, directors, officers, employees, agents, successors, attorneys, partners and assignees) and Client (including its affiliates, shareholders, directors, officers, employees, agents, successors, attorneys, and assignees) relating in any manner whatsoever to this Agreement, ("Arbitrable Claims") shall be resolved by arbitration.

If the need for Arbitration arises My Digital Security Pro, LLC will select a licensed Arbitrator within the clients State. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims. The Federal Arbitration Act shall govern the interpretation and enforcement of this Paragraph. The fees of the arbitrator shall be split between both parties equally. The parties agree that this Paragraph shall survive the termination of this Agreement.

XV. Subscription Costs for the My Digital Security Pro, LLC security packages:

  1. For the Home Plan
    1. $200/Month for the subscription
    2. $0 Setup for 2 user & 4 Devices
    3. Additional Devices are $25/month
    4. Additional Users are $75/month
  2. For the Business Plan
    1. $500/Month for the subscription
    2. $0 Setup for 4 user & 5 Devices
    3. Additional Devices are $25/month
    4. Additional users are $75/month
  3. Surface mounted wiring for all security packages is included, however behind wall or rigid conduit installations are available as an upgrade for $25 per yard, actual price estimated prior to installation, but confirmed & finalized by field tech during install.
  4. Al la carte networking hardware upgrades to be provided by service provider to client, will be estimated and invoiced separately, paid for in full at time of order.
  5. Security consulting and suggested physical security upgrades may be provided directly by a third party when specific licensure for such activities is required.

XV. California Consumer Privacy Act AB 375 - Client Privacy & Confidentiality. information My Digital Security Pro, LLC collects, stores, processes and secures personal information about our clients and website users. This information is gathered through marketing research tools, voluntary submission and observation. This information includes clients names, payment information, contact information, affiliates, ISP information, network design maps, user preferences and other information for the purposes of efficient communication with clients, techs and our office.

Non critical service data is purged every 30 - 120 days. Data is encrypted. Data is password protected. Any information that would be deemed sensitive such as credit card information or passwords are not stored on hosted platforms and segregated from the global internet via cold storage. In no case is client information sold or traded to third parties or non authorized and prescreened personal.

If you would like a copy of the information we have on you, please write agents@myDigitalSecurity.pro and we will confirm receipt of you request within 10 days. At that time be prepared to provide verification of identity with valid government identification in accordance with the law and upon receipt of valid identity we will securely provide you the non-security risk information within 45 days. If you so choose, you may request that we delete all or a portion of such information.

IN WITNESS WHEREOF, the parties hereto, each acting under due and proper authority, have executed this Agreement as of the date first written above.

 

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Signed by Nick Kraemer
Signed On: June 30, 2020


Signature Certificate
Document name: Client Service Agreement - mDSp
lock iconUnique Document ID: f2db87c65bfc4aa806f278a2bfc89e1cea9e23a9
Timestamp Audit
May 23, 2020 5:27 am PDTClient Service Agreement - mDSp Uploaded by Nick Kraemer - agents@myDigitalSecurity.pro IP 201.206.234.64
May 23, 2020 7:33 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 193.37.252.101
May 23, 2020 8:30 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 193.37.252.101
May 23, 2020 8:34 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 193.37.252.101
June 15, 2020 7:16 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.203.81.205
June 15, 2020 9:29 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.205.39.77
June 16, 2020 7:54 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.196.101.235
June 16, 2020 8:45 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.196.101.235
June 28, 2020 9:09 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.205.39.58
June 28, 2020 9:20 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.205.39.58
June 28, 2020 9:21 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.205.39.58
June 30, 2020 6:29 am PDTDigital Security - agents@myDigitalSecurity.pro added by Nick Kraemer - agents@myDigitalSecurity.pro as a CC'd Recipient Ip: 201.206.234.64
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