MASTER SERVICE AGREEMENT
This Master Service Agreement (the "Agreement") is entered into as of [DATE], by and between:
Information Security Kentucky, LLC
David Martin, Owner
1100 Innovation Way, Apt 3
Radcliff, KY 40160
Hardin County, Kentucky
Phone: (270) 250-3457
Email: customerservice@informationsecuritykentucky.com
(the "Service Provider")
— and —
[CLIENT FULL LEGAL NAME]
[CLIENT ADDRESS]
(the "Client")
1. Services
Service Provider will provide cybersecurity services including backup implementation, network hardening, monitoring, incident response support, and related consulting as agreed in separate Statements of Work or in writing between the parties.
2. Fees & payment
Service Provider offers two service tiers. Client's tier is selected in a Statement of Work or in writing between the parties.
Tier 1 — Mobile/Service Business
Setup fee: $150 (one-time)
Monthly retainer: $50 per month
Tier 2 — Office/Computer-Based Business
Setup fee: $350 (one-time)
Monthly retainer: $250 per month
Emergency incident response and ad-hoc work are billed separately from setup fees and monthly retainers. Active retainer clients (Tier 1 or Tier 2) receive a fifty percent (50%) discount on emergency response and a twenty-five percent (25%) discount on general hourly work; non-clients pay the full rates.
For active retainer clients (Tier 1 or Tier 2):
First 4 hours of emergency response: $250 flat (50% off)
Each hour after the first 4 of emergency response: $75 per hour
General hourly work: $75 per hour (25% off)
For non-clients:
First 4 hours of emergency response: $500 flat
Each hour after the first 4 of emergency response: $75 per hour
General hourly work: $100 per hour
For purposes of this Agreement, an "active retainer client" is a Client whose monthly retainer is paid in full and whose Agreement has not been terminated as of the date emergency response or general hourly work begins.
Invoices are due within fifteen (15) days of the invoice date. Amounts not paid by the due date accrue interest at one and one-half percent (1.5%) per month, or the maximum permitted by Kentucky law if lower.
3. Backup & recovery limitations
Client acknowledges and agrees that:
No backup system guarantees 100% recovery of data under all circumstances.
Service Provider is not responsible for data loss arising from hardware failure, ransomware, user error, third-party service outages, environmental events, or other circumstances outside Service Provider's reasonable control.
Client is responsible for verifying that backups are running, performing periodic test restores, and maintaining redundant copies of business-critical data.
Service Provider strongly recommends following the 3-2-1 backup rule (three copies, two media types, one off-site).
4. Limitation of liability
Service Provider's total aggregate liability arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by Client to Service Provider in the twelve (12) months preceding the event giving rise to the claim. In no event shall Service Provider be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenue, lost data, or business interruption, even if Service Provider has been advised of the possibility of such damages.
5. Termination
Either party may terminate this Agreement with thirty (30) days written notice to the other party. Notice may be delivered by email to the addresses listed in this Agreement. Upon termination, Service Provider will issue a Certificate of Data Destruction within thirty (30) days documenting that any retired drives or media have been securely wiped or physically destroyed.
6. Confidentiality
Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party in connection with this Agreement, and to use such information solely for the purposes of performing under this Agreement.
7. Independent contractor
Service Provider is an independent contractor, not an employee or agent of Client. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between the parties.
8. Governing law
This Agreement is governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Hardin County, Kentucky.
9. Entire agreement
This Agreement, together with any Statements of Work attached to or referencing it, constitutes the entire agreement between the parties regarding the subject matter and supersedes any prior agreements. This Agreement may be modified only in writing signed by both parties.
Signatures
Client:
Signature: _______________________________
Printed name: _______________________________
Title: _______________________________
Date: _______________________________
Service Provider:
Signature: _______________________________
David Martin, Owner
Information Security Kentucky, LLC
Date: _______________________________