Managed Services Plan (“MSP”) Addendum

MANAGED SERVICES PLAN ("MSP") ADDENDUM

Effective as of October 1, 2024 (Version Number: 45566)

All terms not defined herein shall have the meaning ascribed to them in the DAS Standard Incorporated Terms and Conditions.

Managed Services Plan (“MSP”) – If the executed COF includes “Managed IT” or MSP in any form, the following additional terms and conditions apply:

Per Provider Pricing (for existing contracts only; no longer offered)
1. Bronze MSP Monthly Support Program includes: (for existing contracts only; no longer offered)
  1. DAS Security & Optimization Suite, including corporate grade Antivirus, corporate grade Antispyware, Windows and Antivirus Patch Management
  2. Up to one (1) hour a month per Client of remote virus and spyware management and remediation
  3. Proactive System Health Monitoring
  4. Temp File and Internet Debris Clean-up
  5. Bronze level discounted hourly rates for Remote or Onsite Support
  6. Applicable Bronze discount on Hardware
2. Silver MSP Monthly Support Program includes: (for existing contracts only; no longer offered)
  1. Bronze MSP benefits, plus
  2. Unlimited Remote IT Technical Support
  3. Silver level priority After Hours Support (Remote Only – see SLA)
  4. Silver level priority and discounted hourly rates for Onsite Support (see SLA)
  5. Hardware and software Configuration for hardware and Software purchased from DAS
    1. Configuration for hardware and software purchased from a third party is available at standard hourly rates
  6. Vendor and warranty management assistance included for hardware purchased from DAS
3. Gold MSP Monthly Support Program includes: (for existing contracts only; no longer offered)
  1. Silver MSP benefits, plus
  2. Gold level priority Support (see SLA)
  3. Gold level priority After Hours Support (see SLA)
  4. Periodic Strategic Review
  5. Onsite Support. Client will receive priority Onsite Support when needed. Up to 2 hours PPPM are included; time not used during any particular month may be rolled over for up to a maximum of three (3) months.
4. MSP “Bronze”, “Silver”, and “Gold” pricing includes a maximum ratio of 5 Devices for each licensed Provider (inclusive). Additional charges apply for greater than 5 Devices per Provider, and may be retroactively charged as Additional Charges upon audit.
5. At DAS sole discretion, an unattended access remote program may be installed and maintained by DAS on all Client servers and end point Devices that are supported under MSP “Bronze”, “Silver”, and “Gold”.
Per Device Pricing (for existing contracts only; no longer offered)
1. MSP Security Services Monthly Support Program includes: (for existing contracts only; no longer offered)
  1. DAS Security & Optimization Suite, including corporate grade Antivirus, corporate grade Antispyware, Windows and Antivirus Patch Management
  2. Proactive System Health Monitoring
  3. Temp File and Internet Debris Clean-up
  4. Security Services level discounted hourly rates for Remote or Onsite Support
  5. Hardware and software Procurement services
2. MSP Business Services Monthly Support Program includes: (for existing contracts only; no longer offered)
  1. MSP Security Services benefits, plus
  2. Unlimited Remote IT Technical Support
  3. Business Services level discounted hourly rates for Onsite Support
  4. Hardware and software Configuration
  5. Vendor and warranty management assistance included for hardware purchased from DAS
3. MSP “Security Services” and “Business Services“ pricing is charged on a per “Device” basis, and may be retroactively charged as Additional Charges upon audit. See Device Definitions under Additional MSP Program Definitions.
4. 100% of all Devices with Approved Operating Systems at all locations under the management or control of Client must be included; Devices not covered will be retroactively added as Additional Charges upon audit. See Section (g)(xii) below for more information on Approved Operating Systems.
5. “Unlimited” remote support is limited to covered Devices, and is subject to additional hourly charges if the hours per Provider or hours per device exceed the average for all Clients by more than 20%.
6. At DAS’ sole discretion, an unattended access remote program may be installed and maintained by DAS on all Client servers and end point Devices that are supported under MSP “Security Services” and “Business Services“.
Per User Pricing - Cap Your Costs (“CYC”): CYC pricing is charged on a per User basis, and will be retroactively increased or decreased based on actual Users included for any portion of a calendar month. Retroactive adjustments will not exceed three (3) months. (for existing contracts only; no longer offered)
1. CYC Managed IT Services includes: (for existing contracts only; no longer offered)
  1. DAS Security & Optimization Suite, including corporate grade Antivirus, corporate grade Antispyware, Windows and Antivirus Patch Management
  2. Proactive System Health Monitoring
  3. Unlimited Remote IT Technical support
  4. Unlimited scheduled onsite IT service and labor, as agreed by DAS in its reasonable discretion
  5. Hardware and software Configuration
2. CYC Managed Cybersecurity Services includes: (for existing contracts only; no longer offered)
  1. Unlimited remote Cybersecurity Service labor
  2. Periodic IT Security and Compliance Audit
  3. Security Awareness Training (“SAT”), including annual Phishing testing and dark web monitoring, among other services (see below for additional services included)
3. CYC Managed IT Projects includes: (for existing contracts only; no longer offered)
  1. Unlimited IT project labor for reasonably anticipated projects (scheduled in advance), and as agreed by DAS in its reasonable discretion
4. CYC Managed Suite includes all benefits of: (for existing contracts only; no longer offered)
  1. CYC Managed IT Services,
  2. CYC Managed Cybersecurity Services, and
  3. CYC Managed IT projects
5. CYC Flat Fee pricing (no longer offered). If any CYC services were purchased on a flat fee (i.e., not per User), and Users increase by more than 20% from the date originally purchased (including as and when purchased from predecessor companies as “CYC” or other names with flat monthly fees per Client for similar services), DAS has the right to modify such Services to a per User basis upon providing thirty days advance Notice.
6. “Unlimited” support and labor is limited to covered Users, and is subject to additional hourly charges if the hours per User exceed the average per User hours for all Clients by more than 20%.
7. At DAS sole discretion, an unattended access remote program may be installed and maintained by DAS on all Client servers and end point Devices that are supported under all Cap Your Costs (“CYC”) programs
2023 Programs (available as of January 1, 2023)
1. Managed IT Essentials Monthly Support Program includes:
  1. Endpoint Optimization Suite
  2. Operating System and third-party Patch Management
  3. Proactive System Health Monitoring
  4. Hardware and Software Procurement services
  5. Managed IT Essentials discounted hourly rates for Remote, Onsite or Project Support ($225 / hour)
2. Managed IT Business Services Monthly Support Program includes:
  1. Unlimited Remote IT Support
  2. Endpoint Optimization Suite
  3. Operating System and third-party Patch Management
  4. Proactive System Health Monitoring
  5. Hardware and software Procurement services
  6. Managed IT Business Services discounted hourly rates for Onsite Support and Projects ($200/hour), plus travel time and expenses for on site support
3. Managed IT Enterprise Services Monthly Support Program includes:
  1. Unlimited Priority Remote IT Support
  2. vCIO Services including Quarterly and Annual Executive Reviews, as determined in DAS sole discretion
  3. Endpoint Optimization Suite
  4. Advanced Network Monitoring and Management
  5. Operating System and third-party Patch Management
  6. Proactive System Health Monitoring
  7. Hardware and Software Procurement services
  8. Managed IT Enterprise Services discounted hourly Project Rate ($175), plus travel time and expenses for on site support
  9. Optional Staff Augmentation Services
4. Pricing for MSP “Managed IT Essentials” and “Managed IT Business Services“, purchased prior to April 10th, 2024, is charged on a per Device basis and will be retroactively increased based on actual managed Devices included for any portion of a calendar month.
5. Pricing for “Managed IT Enterprise Services”, and pricing for “Managed IT Essentials” and “Managed IT Business Services“ purchased on or after April 10th, 2024, is charged on a per User basis and will be retroactively increased based on actual managed Users included for any portion of a calendar month. Retroactive adjustments will not exceed three (3) months.
6. “Unlimited” support and labor is limited to covered Users and Devices, and is subject to additional hourly charges if the hours per User exceed the average per User/Device hours for all Clients by more than 20%.
7. At DAS sole discretion, an unattended access remote program may be installed and maintained by DAS on all Client servers and end point Devices that are supported under “Managed IT Essentials”, “Managed IT Business Services “and “Managed IT Enterprise Services”
8. “Managed IT Essentials” and “Managed IT Business Services” require a minimum of the DAS Cybersecurity “Managed Security Essentials” product (at an additional cost)
9. “Managed IT Enterprise Services” require a minimum of the DAS Cybersecurity “Managed Security Advanced” product (at an additional cost)
Any remote support provided for products or services not purchased from DAS but were recommended or for which a Quote was provided but not contracted, will not be included as part of any program and will be charged at the standard remote support Rate as an additional charge.
Additional MSP Program Definitions
1. After Hours Support – Managed IT Enterprise Services and Managed IT Business Services purchased on or after April 10th, 2024, will have 24-hour coverage, including Saturdays, Sundays and DAS holidays. All other coverage is during standard business hours, defined by DAS as 8:00 AM – 8:00 PM EST Monday through Friday (excluding DAS holidays). After hours remote support (and in case of severe emergencies, on-site support) is available at no additional charge except for Basic, MSP Security Services, or Managed IT Essentials, for which the Client will be charged 150% of the standard hourly rates.
2. Device Definitions
  1. Device – Desktop PC, Laptop, Tablet, Security Appliance, Wireless Access Point (WAP), Secondary Server, Host Server, Network Printer, Managed Switch, UPS, or any other device connected to DAS Managed network requiring support, maintenance, or monitoring by DAS.
    1. Secondary Server: Any Non-Database or Primary Application Virtual Server (Examples: Terminal Server, Web Server, Exchange Server, Print Server).
    2. Host Server: Any Physical server hosting Hyper V or VMware Operating Systems
  2. Device – Core Server: Any Physical or Virtual Server hosting a Database or Primary Application (Examples: EHR/PM SQL/Advantage/Oracle Database Server, EHR/PM Application Server, Domain Controller)
3. DAS Security & Optimization Suite, including corporate grade endpoint detection and response, corporate grade anti-ransomware, exploit prevention, managed threat response, patch management including windows, hardware, software and security, includes reasonable commercial efforts to provide the following:
  1. Endpoint Detection and Response - Automatically detect and prioritize potential threats and quickly see where to focus attention and know which machines may be impacted
  2. Extended Detection and Response – Cross product synchronization to obtain a holistic view the environment for united threat protection
  3. Anti-Ransomware – File protection, automatic file recovery and behavioral analysis to stop ransomware and boot record attacks
  4. Deep Learning Technology – Artificial intelligence that will detect both known and unknown malware without relying on signatures
  5. Exploit Prevention – Deny attackers by blocking the exploits and techniques used to distribute malware, steal credentials and escape detection
  6. Managed Threat Response – Threat sandboxing, hunting and actioned response to neutralized even the most sophisticated threats
  7. Active Adversary Mitigations – Prevents persistence on machines, credential theft protection and malicious traffic detection
  8. Central Management and Patching – Live updates and patching including windows, third party hardware, third party software, web filtering and security policies
4. Hardware Payment Plan – See the Hardware Addendum.
5. Hardware and Software Configuration – “Basic Remote Configuration” labor for the following equipment is included under the price of the Silver, Gold, Business Services, CYC Managed IT Services, Managed IT Business Services, and Managed IT Enterprise Services programs for the following new or replacement equipment purchased from DAS (or its predecessor companies): personal computers (desktops, workstations, laptops, tablets), standard general office software (Microsoft office software, pdf viewing software, internet browsers, cloud infrastructure connectors, file compression and/or extraction software, media players, manufacture maintenance suites, vpn/broker software, runtime applications and video conferencing software) on covered personal computers. Remote configuration labor on new equipment to prepare it for Client usage will be typically accomplished at DAS offices prior to the equipment being shipped to Client premises. If needed, onsite installation labor provided by DAS will be provided as Onsite labor as covered under the specific program. Basic Remote Configurations typically include: Device firmware/driver updates, security updates, operating system core updates, bloat/adware removal, the installation of the DAS remote monitoring and management software, locally installed mass storage encryption, and the installation of the DAS security suite. All other required Client configuration items not listed above will be considered a project and billed under those terms. Remote configuration labor is not included for the following equipment: servers, phone systems, purchased or leased department level or higher equipment such as copy machines, any equipment that requires unique certification or training outside of standard IT practices, any software on these types of equipment, any Line of Business applications as described below (with the exception of basic PM/EMR client Software installation if Client has purchased the respective PM/EHR Software Support services from DAS), and office-wide network infrastructure upgrades. Remote configuration labor for any new or non-covered equipment will be billed at a discounted onsite labor rate.
6. Hardware and Software Procurement – DAS may provide advice and recommendations for hardware and software to meet Client’s existing or new requirements. Hardware and software cost is not covered under any program. For new hardware or software computers installed in excess of the total Devices then being paid under device-based plans, Client will be charged for full MSC for the month in which the device was installed and through the remainder of the contract period, unless subsequently adjusted pursuant to the terms of this Agreement.
7. Network Assessment Services – May be provided by DAS with any MSP service, or upon request by any DAS Client. In the event that such Network Assessment Services are provided, Client agrees that DAS has the right to install a remote agent on Client’s equipment and to extract relevant data. Client further agrees that they are responsible for providing access to all of its equipment in order to make such Network Assessment Services accurate.
8. Onsite Support – This is only offered to Clients located in the DAS Standard Territory, determined in DAS’s sole discretion. The DAS Standard Territory automatically includes a 50-mile radius from any current Managed Services System Administrator or System Engineer as well as any DAS current DAS Office location. Basic, Security Services, and Managed IT Essentials level programs may receive Onsite Support as and when available, at standard Onsite hourly rates. Silver, Managed IT Business Services and Business Services level programs may receive Onsite Support at the Silver or Business Services discounted rates, respectively. Managed IT Business Services, Gold and CYC level programs and MSP Clients with Prepaid Onsite Hours will receive priority Onsite Support when needed at no additional charge (subject to plan hours). Up to two (2) hours PPPM are included with the Gold level program; time not used during any particular month may be rolled over for up to a maximum of three (3) months. Costs for travel & lodging (if needed) apply per the DAS Travel Policy.
9. Proactive System Health Monitoring – DAS will utilize a Desktop/Server Security Suite which will monitor computers and servers for common problems such as impending hard drive failures, enabling DAS to use reasonable commercial efforts to resolve many such problems before they cause unexpected and extended downtime. Any such Security Suite will be governed by the terms of such software manufacturer’s license agreement, which is available upon request.
10. Virtual CIO (VCIO) Services – Periodic calls will be held at Client’s reasonable request to review monitoring reports and service requests, discuss priorities for the following period, and assess the overall satisfaction of the services being provided.
11. Remote IT Technical Support – Systems or End User problems or issues that involve covered systems, assuming Client has met all expectations and requirements contained herein, and assuming the nature of the issue is not listed as an exclusion, will be handled remotely in the most appropriate and expedient manner, and are included in the price of the Silver, Gold, Business Services, Managed IT Business Services, Managed IT Enterprise Services, and CYC Managed IT Services programs.
12. System Administration – Basic remote system administration is included as part of the Silver, Gold, Business Services, Managed IT Business Services, Managed IT Enterprise Services and CYC Managed IT Services programs. Basic system administration tasks include such actions as resetting passwords, assisting with basic shared folder creation and the associated permissions, creating and removing Users from the User directory, adding a printer to an existing workstation, minor software updates, etc.
13. System Maintenance – Basic remote automated maintenance tasks are included as part of the Silver, Gold, Business Services, Managed IT Business Services, Managed IT Enterprise Services and CYC Managed IT Services programs.
14. Temp File and Internet Debris Clean-up – DAS will utilize a Desktop/Server Security Suite which is designed to monitor and automatically clean up temporary files and internet browser cache to keep systems running smoothly and efficiently.
15. Advanced Network Monitoring: If specifically purchased or included in a COF, Advanced Network Monitoring will be provided by DAS. A network agent will be installed on managed network devices. DAS will monitor covered networks Via cloud-based management tools for: problem detection, configuration management, network mapping, and performance management. Network documentation will be provided upon Client’s reasonable request.
16. Other Services – Not Covered under any MSP Program; Available as an Additional Service:
  1. Website Maintenance – Not a covered service under any MSP programs. Where purchased as an Additional Service, DAS will perform basic text and photo updates on the covered site. This program will not cover graphic design or database programming. Client must provide FTP access to allow DAS to perform site updates. This program does not cover website hosting fees. Domain registration and/or maintenance is a separate service, if offered, and does not include any Website Maintenance.
  2. Google Apps / Microsoft365 (f/k/a Office365) / Cloud Email – Where purchased as an Additional Service, DAS will perform administrative duties for the company account, including adding or removing Users. This program does not cover license or access fees for Google Apps or similar Cloud email solution. Client must provide administrative access to allow DAS to administer the account. Any additional Users will be billed in arrears and subsequent MSC adjusted accordingly.
  3. Onsite / Offsite Data Backup Monitoring and Maintenance – Where purchased as an Additional Service, DAS will perform basic monitoring and maintenance of this solution. Covered maintenance tasks may include the following in regard to the backup solution only and not the Devices being backed up, up to a maximum of one (1) hour per Client per month (additional hours will be charged as Additional Charges): troubleshooting and resolving backup errors and failed backups, reinstalling backup software on the local machine, clearing old backups per the retention policy, coordinating with Client to ensure desired files are backed up, and performing periodic test restores of files to ensure data integrity. All Offsite Backup plans require a minimum 12-month term of agreement. Where a backup device is provided, it is the property of DAS and must be returned upon termination of the contract, or will be billed at the then replacement cost as an Additional Charge. Client shall not introduce or maintain any primary data source on the backup device; it is for backup purposes only. In the event that Client introduces any primary data onto the backup device, DAS may delete and destroy such data at its sole discretion, and Client assumes all liability related thereto.
    1. Tier 1 (Network Storage or cloud application w/Cloud Repository): Client will designate a folder structure, cloud application account and User hierarchy that will be accessible only via a LAN connection or cloud application connector. Once established, the data will be saved local via a shared network path or cloud application connector and then securely mirrored in a cloud repository with a 1-year retention. File existence verification only (Examples include but are not limited to: Cloud NAS devices or an external storage device set for F&F Backup cloud solution to Microsoft One Drive; SKU’s include: MSPOFFSITEMONITORINGMSC, MSPOSBU1-MSC, MSPSWBDASFLI1-MSC, MSPSWBDADFLI5-MSC, SWSBADDRIVE-MSC, MSPBACKUP-MSC, MSPBACKUPTX-MSC, HWSNDNASS2TB-MSC, and any other SKUs not otherwise identified below);
    2. Tier 2 (Full Local Image w/Cloud Repository): Core Files - Client will designate core files that will be backed up via a nightly full image backup. Core System: Client will designate a system that will be backed up via a weekly full image backup. Both core backups will then be securely mirrored in a cloud repository with a 1 year retention file existence and local image continuity verification only a locally encrypted mass storage device is required for the Tier 2 solution (Examples include but are not limited to: Datto Cloud Continuity, Microsoft One Drive any other cloud based appliance-less solution; SKU’s include: HWSBADC1TBPC-MSC, SWSBAEBUPC-MSC);
    3. Tier 3: (Full Image w/Cloud Virtualization): Client will designate a system that will be backed up via a daily full image backup. Backed up images will then be securely mirrored to a Cloud Replication image server with a 1 year retention both local and replicated image continuity with cloud virtual machine boot up verification only a local micro appliance is required for the Tier 3 solution one mini appliance per device being backed up (Examples include but are not limited to: Any 3rd generation Alto device and 4^thgeneration Micro series X device or newer.
      1. Tier 3 pricing is charged on a per agent basis and will be retroactively increased and new appliance ordered for any additional agents protected based on actual and/or paused agents included for any portion of a calendar month. If a new appliance is required, Client will have 30 days to request the additional agent(s) removed or it will be contracted as a new 12-month agreement after retroactive charges have been processed for additional agent(s) usage. Retroactive adjustments will not exceed twelve (12) months.
    4. Tier 4: (Full Image w/Local and Cloud Virtualization) Client will designate a system(s) that will be backed up via a daily full image backup. Backed up images will then be securely mirrored to a Cloud Replication image server with a 1-year retention. Both local and replicated image continuity with local/cloud virtual machine boot up verification A local appliance is required for the Tier 4 solution
  4. Hardware setup and configuration – Setup and Configuration of any hardware or equipment not purchased from DAS will be charged at the applicable labor rate as an Additional Service. Such hardware or equipment shall be deemed Client Supplied Items and shall comply with Section 11 of the Terms.
  5. Other Equipment or Services – Any equipment or services that are not specifically included in any program or COF are available only as an Additional Service.
  6. SaaS (Software as a Service) monitoring and reporting – If purchased DAS will monitor Client SaaS applications via an agent installed on each managed device. A web portal will be provided to Client that provides reporting on SaaS applications used within their organization at the product and user level for internal management.
  7. Systems with un-supported Operating Systems may have optional extended support and or maintenance available for an Additional Charge e.g., Sophos for Win7/2008 or Microsoft Extended Security for Windows 2012.
  8. VoIP Phone Administration: Where purchased as an Additional Service, Client will have access to the following services: (i) user moves/adds/changes/delete (MACD), including configuring new users, changing users, deleting users, assigning or changing user roles, and password/pin reset, (ii) phone number MACD, including adding Client numbers and assigned numbers, forwarding numbers, and adding or configuring limited numbers, (iii) phone MACD, including MACD user/phone assignments, assisting users in first time setup and login to PC/cell phone applications, ordering a new phone in the VoIP provider portal, remote setup of new hardware phone ordered from VoIP provider portal, and RMA support for VoIP provider rental phones, and (iv) modification of Client business hours or after hours. Password/pin resets shall be completed within one business day, and all other covered requests shall be completed within three business days. VoIP Phone Administration shall not include the initial configuration of the VoIP provider platform, end-user training, or analog voice support of any kind. VoIP is billed per phone line.
  9. Service Desk as a Service (SDaaS): Where purchased as an Additional Service, Client will have access to Unlimited remote support 6PM EST to 8:30AM EST and 24-hour coverage on Saturday, Sunday and DAS holidays. Overflow support will also be provided to Client and Client may transfer calls during business hours of 8:30AM EST and 6:00pm EST. SDaaS includes but is not limited to (i) triage and escalation of critical incidents to Client’s on-call resources, (ii) triage all other incidents to Client’s on call, clinic team, or managed service provider for the corresponding facility, and (iii) basic support including password resets, PIN resets, iPad support, login support, and general inquiries, and escalation to the EHR/PM or other third party application support. SDaaS is billed per incident in 15-minute increments, rounded up to the nearest increment. By way of example, if support for an incident lasts for 7 minutes, then the incident shall be billed for 15 minutes, and if the incident lasts 27 minutes, then the incident shall be billed for 30 minutes. SDaaS requires a minimum support commitment, with overages billed in arrears.
    1. Limitations: Unsupported services include but are not limited to support for devices with unsupported operating systems, personal device support/issues even if being used for work functions, Internet Service Provider outages, how-to training or datacenter or server network issues, troubleshooting of clinical or financial applications or systems not specified by knowledgebase articles, troubleshooting for endpoints, workstations, thin clients, mobile devices, or printers, administration of physical security systems not defined by a knowledgebase article provided by Client, application development, administration or troubleshooting not defined by a knowledgebase article provided by Client, company-wide hardware/software rollouts not defined by a knowledgebase article provided by Client, email or web hardware filter management not defined by a knowledgebase article provided by Client, ordering new/additional hardware not defined by a knowledgebase article provided by Client, server configuration or administration not defined by a knowledgebase article provided by Client, telecom or voicemail configuration or administration not defined by a knowledgebase article provided by Client, support of non-company owned/issued equipment or systems not defined by a knowledgebase article provided by Client, and Client emergency call systems not defined by a knowledgebase article provided by Client. Any new knowledgebase article provided by Client must be approved and agreed upon by DAS before DAS renders services for those knowledgebase articles.
  10. Identity Management System as a Service (IMSaaS): Where purchased as an Additional Service, DAS shall provide a single, centralized authorization and role-based user account provision solution, which can be used to ensure compliance with applicable internal information security policies for user account management and certain regulatory requirements. IMSaaS shall include (i) provisioning of applications, (ii) user account management, including new account requests, additional access requests, transfer/change requests, name change requests, and disable/employee termination account requests, (iii) built-in approval workflows to allow for segregation of duties & regulatory compliance, (iv) an end-user portal for manual provisioning requests, (v) DAS will work with Client to maintain a current role-based access control (RBAC), which may be billed on an hourly basis, (vi) at Client’s request, user access reporting, other logical access updates, or enhancements to DAS’s user account provisioning solution, which may be billed on an hourly basis, and (vii) web-based training and written training guide for Client identified request submitters and approvers.
    1. Requirements: (i) HRIS data feed to enable end-to-end automation, (ii) integration apps must have provisioning automation available; any manual provisioning will be billed at DAS standard hourly rates, and (iii) Client must have an integration license available in PointClickCare, if applicable.
  11. Wireless Site Survey: Where purchased as an Additional Service, DAS will gather requirements for wireless devices and/or systems for the Client location prior to the survey, perform an onsite professional wireless site survey, and deliver a wireless site survey to report of Client existing wireless performance including signal strength heat maps with analysis and recommendations for problem remediation.
    1. Requirements: (i) DAS must have physical access to all areas of the building where wireless signal is to be surveyed; areas of the building where the surveyor is not granted access will be excluded from the site survey report, (ii) Client must provide detailed floor plans and/or blueprints prior to the technician visit, (iii) Site drawings must be drawn to scale with dimensions, with details of wall construction materials to ensure an accurate survey; building materials and any walls constructed of concrete, brick or firewall materials should be identified in the drawings, and (iv) Survey area to be no greater than 100,000 square feet,
    2. Limitations: (i) the accuracy of the wireless survey is greatly affected by the quality of the site drawings provided to DAS’s wireless surveyors; surveys performed using floor plans that are not drawn to scale will not be accurate and be of limited utility, (ii) if no specific device or system requirements are defined, the site will be surveyed for a standard tablet at the following specifications: -67 dBm RSSI, 20 Mbps minimum data rate, and a -5 dBm device offset, (iii) an onsite survey captures wireless performance at a point-in-time; variables such as wireless interference, density, bandwidth consumption, configuration changes, etc. may adversely impact future wireless network performance, and (iv) Client acknowledges the inherent risks involved in using wireless networking for mission critical and life-safety applications, including without limitation, risks due to signal interference, hardware incompatibility, device failure, density, hardware and software performance issues, and assumes any and all known risks of injury and property damage that may result; in no event will DAS be liable for issues arising from poor wireless performance.
  12. Wireless Predictive Site Survey: Where purchased as an Additional Service, DAS will perform a professional predictive wireless site survey, and deliver a wireless site survey to report of Client, including recommended access point placement and predicted wireless signal performance metrics.
    1. Requirements: (i) Client must provide detailed floor plans and/or blueprints prior to the technician visit, (ii) Site drawings must be drawn to scale with dimensions, with details of wall construction materials to ensure an accurate survey; building materials and any walls constructed of concrete, brick or firewall materials should be identified in the drawings, and (iii) Survey area to be no greater than 100,000 square feet,
    2. Limitations: (i) Client acknowledges that DAS has not made and will not make any express or implied warranties or representations of wireless network performance based upon predictive wireless network designs., (ii) wireless designs are predictive in nature; a predictive wireless network design is a virtual survey created using enterprise network design software to predict wireless performance based on industry standards for wireless performance and such software uses industry established metrics to predict signal attenuation based on building materials, (iii) DAS recommends a post-implementation on-site wireless survey to verify wireless performance is as designed, (iv) Client acknowledges that wireless best practices call for an on-site wireless survey be conducted post-implementation to verify the network is performing as designed, and (v) Client acknowledges the inherent risks involved in using wireless networking for mission critical and life-safety applications, including without limitation, risks due to signal interference, hardware incompatibility, device failure, density, hardware and software performance issues, and assumes any and all known risks of injury and property damage that may result; In no event will DAS be liable for issues arising from poor wireless performance.
Exclusions / Additional Conditions
1. Onsite Support – Systems or End User problems or issues that cannot be handled remotely, at DAS determination, will be handled at Client office locations in the most appropriate and expedient manner at the Onsite hourly labor rate for the respective Program (no additional charge for Managed IT Enterprise Services or CYC Managed IT Support, except Travel expenses if applicable).
2. Project/Integration Work – Project/Integration work is defined as any service not specifically included above and not required to maintain the functionality of covered equipment during the course of typical daily operations within existing Client office locations, whether such service is performed remotely or on site. Examples of such project work include, but are not limited to: physical packing/movement of equipment within an office or between offices, installation of storage area networks, Data Migrations, SharePoint Configurations, Email Migrations, Network rebuilds/installations, Cloud Hosted (Azure/AWS) configurations or migrations, Server Rebuilds, and Client staff training on hardware and software purchased from DAS. Unless included in CYC IT Managed Projects, projects are outside the scope of this program and as such will be quoted and invoiced separately as an Additional Service, if offered by DAS.
3. Application Software – Line of business applications such as accounting packages, CRM software, PM/EMR/EHR software, ERP software, etc. that are not specifically included herein are excluded.t
4. Hardware Manufacturer Warranty – All hardware covered under this program must be under hardware manufacturer basic warranty, paid for by Client, to ensure DAS has access to up to date drivers and firmware as needed for appropriate system maintenance and security, and to ensure malfunctioning hardware parts can be efficiently replaced by the manufacturer in a timely manner. Under such basic hardware manufacturer warranty, the manufacturer will supply the replacement parts; DAS will provide onsite labor at a discounted rate to uninstall malfunctioning parts and install manufacturer-supplied replacement parts. Any work done on hardware that is out of warranty will be billed at standard hourly rates, notwithstanding that such labor might be otherwise included in an Unlimited Plan or otherwise. DAS will perform annual audits of covered equipment to identify out-of-warranty equipment for resolution via replacement or extended warranty purchase, however, such audit shall not be a condition to Client’s responsibility to maintain such warranties. All Hardware is subject to the DAS Standard Incorporated Terms & Conditions relating to Hardware.
5. Software Support – All Software covered under this program must have basic support from the software manufacturer to ensure DAS access to the current software bug fixes and security patches. Such basic software support required to address an issue and not provided by the software vendor, shall be paid for by Client and shall not be the responsibility of DAS. DAS will perform annual audits of covered equipment to identify out-of-warranty equipment for resolution via replacement or extended warranty purchase, however, such audit shall not be a condition to Client’s responsibility to maintain such purchased support. All Software is subject to the DAS Standard Incorporated Terms & Conditions relating to third party software.
6. Hardware Replacement Cost – Hardware replacement strategy is handled on a case-by-case basis and as such, the hardware and software cost associated with hardware replacement falls outside of this Addendum, unless explicitly agreed to by DAS. Hardware replacement can take the form of warranty, extended warranty, manufacturer’s support contract, DAS hardware-as-a-service contract, onsite spare, or purchase as needed. Hardware support options will be discussed as part of the audit deliverables to ensure an appropriate hardware replacement strategy exists for all covered equipment.
7. Consumables and Cabling are excluded, including but not limited to toner, paper, fuser, and scanner refresh kits.
8. Backup Tape Rotation – If applicable, labor to perform onsite tape rotation and offsite transit and storage of tapes are excluded and are specifically the responsibility of Client.
9. Antivirus / Antispyware Software – Client agrees to utilize the DAS-provided Desktop/Server Security Suite, which includes antivirus/antispyware software, remote support and system health monitoring capabilities, automated patch management and automated virus definition management, on all covered servers and computers.
10. Internet Service Fees – Client will purchase and provide ongoing internet access to covered systems at Client expense. Client will ensure covered systems are at the minimum accepted level under the requirements for the combination of all software applications and other ISP usage, is turned on and connected to the Internet to allow DAS remote access for support purposes.
11. Next-Generation Firewall Management – All MSP Programs require that all Client internet traffic be routed through an approved firewall and that DAS be granted administrative rights to manage the firewall. All remote Users must have an approved firewall. All Security Appliances must maintain an active support and security feature subscription from the manufacturer to ensure all available hardware, software, and firmware updates are automatically applied to each device (e.g. SonicWall Total Secure).
12. Outdated Operating Systems – Only Devices with Approved Operating Systems may be connected to the network and will be covered. Any labor and materials that are necessary to bring current Devices with non-approved (outdated) operating systems, or resulting from such Devices, will be billed at current rates, notwithstanding any plan coverage to the contrary. “Approved Operating Systems” are subject to change, but currently include Microsoft Windows 8/8.1, 10, 11 Server, 2016, 2019, 2022 Mac OS , Sierra+, Server 5, VMWare 6.5+, SonicWALL 6.5+, Cisco ASA 8.4+, Sophos UTM 9+, XG 16+, Ruckus Unleased, and Ubiquiti airOS +, FortiManager 6.0+.
13. Responsibilities upon Termination – Upon termination of any applicable MSP services, all security credentials shall remain the property of DAS until such time as all balances due under the Agreement (including renewal if terminated less than 90 days prior to any Renewal date (as specified in a COF)) are paid in full. Client understands and acknowledges that their failure to make payments as due may result in service interruption, for which Client is solely responsible.
14. Removal of Managed Devices - Any covered Device that has not been online for the past 90 days may be removed from all active monitoring systems. If charged on a per-Device basis. Client expressly agrees and acknowledges that it is Client’s ultimate responsibility to report to DAS when Devices are removed, or should be removed, from their networks, and failure to report this information to DAS may result in Client being charged for unused Devices.
15. Physical Installations – DAS is not responsible for any physical construction, installations, wiring, cabling, or electrical work. Any physical installation work such as installing a server or network rack to the floor or wall is Client’s responsibility. DAS recommends using a licensed and insured contractor for such work. A certified low voltage electrician should be used for any network cable installations. A certified electrician is recommended for any AC electrical installations or repairs.
16. DAS staff can guide or advise the Client on the proper companies to use for e-waste and data disposal of Client-owned assets, but e-Waste and data disposal are the sole responsibility of Client. Disposal and data destruction companies should have secure data disposal and certificates of data destruction capabilities in accordance with the Client’s compliance requirements. DAS staff cannot take possession of client data assets including PC’s, Hard drives, and removable media for the purposes of destruction or disposal.
17. Third Party Product Subscriptions: In the event Client has subscribed to a terminated or ongoing third-party subscription through DAS, Client is responsible for the remaining term balance for such subscriptions upon termination regardless of other existing service termination dates. Examples but not limited to: Microsoft 365, Sonicwall Total Secure, DNS/Domain/Web/SSL subscriptions, or backup subscriptions. It is Client’s responsibility to keep up to date with any changes to third party Terms & Conditions, Master Service Agreements, Terms of Use, subscription terms, or similar agreements.
The use of the terms “Basic”, “Essentials”, “Standard”, “Deluxe”, “Professional”, “Enterprise”, “Premier” and similar terms are specific to DAS only, and not necessarily indicative of any similarly named term with respect to third party hardware, software, or devices, unless specifically noted otherwise. “Unlimited” training and support means that there is no additional charge (except no shows), but is not the equivalent of “on demand” training and is not a source of data entry.
Client acknowledges and agrees that, due to security concerns, such as unauthorized access, system vulnerabilities, or data breaches, DAS shall have the right, in its sole discretion, to withhold administrative login credentials for Systems or Services provided under this Agreement. As a result, administrative access will only be provided upon proper termination of the Agreement to ensure the continued protection of Systems and data, consistent with standard MSP industry practices.
The applicable MSP Software and other EULAs are available at https://DAShealth.com/documents/ and are specifically incorporated by reference and made a part of this Agreement.