Legal

Terms of Service

Last updated: March 1, 2024

These Terms of Service ("Terms") govern your use of the services provided by NexaSource ("Company," "we," "our," or "us"). By engaging our services or accessing our website at nexasource.io, you agree to these Terms.

1. Services Description

NexaSource provides enterprise cybersecurity services including, but not limited to:

  • Security consulting and advisory services
  • Managed Detection and Response (MDR)
  • Security solution design, deployment, and integration
  • Compliance and governance consulting
  • Incident response and digital forensics
  • OEM product resale and licensing (Palo Alto Networks, Fortinet, Cisco, Microsoft, CrowdStrike)

2. Client Obligations

As a client, you agree to:

  • Provide accurate and complete information necessary for service delivery
  • Maintain appropriate access credentials and security controls
  • Promptly notify us of any security incidents or changes that may affect services
  • Comply with applicable laws and regulations in your jurisdiction
  • Use our services only for lawful business purposes

3. Intellectual Property

All methodologies, tools, frameworks, reports, and deliverables created by NexaSource remain our intellectual property unless explicitly transferred in writing. Clients receive a non-exclusive license to use deliverables for their internal business purposes.

4. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information exchanged during the engagement. This includes, but is not limited to, security assessments, vulnerability reports, network architectures, and business strategies. Confidentiality obligations survive the termination of the agreement for a period of five (5) years.

5. Service Level Agreements (SLAs)

Service levels are defined in individual service agreements and may include:

  • Uptime: 99.97% availability for managed services
  • Response Time: Critical incidents acknowledged within 15 minutes
  • Resolution: Based on severity levels defined in the service agreement
  • Reporting: Regular reporting as defined in the engagement scope

6. Payment Terms

  • Fees are as specified in the applicable service agreement or statement of work
  • Invoices are due within 30 days of issuance unless otherwise agreed
  • Late payments may incur interest at 1.5% per month
  • Prices for OEM products are subject to vendor pricing changes

7. Limitation of Liability

To the maximum extent permitted by law:

  • NexaSource's total liability shall not exceed the fees paid in the 12 months preceding the claim
  • We are not liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for damages resulting from client's failure to implement recommended security measures
  • Third-party product warranties are governed by the respective vendor's terms

8. Indemnification

Each party agrees to indemnify and hold harmless the other party from claims arising from their breach of these Terms, negligence, or willful misconduct.

9. Termination

  • Either party may terminate with 30 days written notice for convenience
  • Immediate termination is permitted for material breach not cured within 15 days of notice
  • Upon termination, client data will be returned or securely destroyed within 30 days
  • Outstanding fees remain due upon termination

10. Data Protection

Our handling of personal and client data is governed by our Privacy Policy. We comply with applicable data protection regulations including GDPR, CCPA, and other relevant frameworks.

11. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, acts of government, pandemics, cyber attacks on infrastructure, or utility failures.

12. Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in San Francisco, California, under the rules of the American Arbitration Association.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

14. Contact Information

For questions about these Terms of Service:

  • Email: legal@nexasource.io
  • Address: NexaSource, 100 Cyber Way, Suite 500, San Francisco, CA 94105