Atomic Group | Disclaimers & Legal Statements

AMIO Agreement	Server Maintenance & Support AMIO Server Agent o Microsoft Windows Server Patch Management o Microsoft SQL Server Patch Management o Microsoft Exchange Server Patch Management o Integrated Anti-Spyware/Anti-Malware Solution o Backup Management & Monitoring o Backup Recovery o Hardware Firmware Management o Service Monitoring with proactive notifications o Asset Inventory & Management o IT Policy Management & Compliance Management AMIO Workstation Agent o Operating System Security & Patch Management o Resource Monitoring & Response o Backup Management & Monitoring o Integrated Anti-Spyware/Anti-Malware Solution o Help-Desk Portal & Support - During Business Hours (8:00 AM - 6:00PM, PS/DT) o Asset Inventory & Management o IT Policy Management Backup & Recovery o Atomic's AMIO Managed Service is predicated upon the premise that the Client's IT infrastructure is to be secure, reliable and recoverable. To that end, the Client will subscribe to Atomic's AMIO AR Server solution. o The AMIO AR Server solution is a premise-based Server (owned and managed by Atomic) that is to be the local destination target for Server and Workstation backups of AMIO-subscribed systems. o Atomic will maintain the AMIO AR Server as part of its Managed infrastructure and be responsible for the viability, disk density and performance of that Server for the purpose of fulfilling its role as a disk-to-disk backup destination. o The subscribed Client may purchase a local destination target in lieu of subscribing to the AMIO AR Server solution. The purchase of the local destination target must be in accordance with Atomic's recommendation. A non-recommended local destination target is not acceptable and does not comply with the terms of this agreement. Coverage o Parts and labor are covered for all TSRs and managed services tasks executed on AMIO-subscribed systems holding a valid manufacturer's parts and labor warranty. o Parts and labor are not covered for AMIO-subscribed systems or other devices that do not have a valid manufacturer warranty. o Systems not subscribed to AMIO are not covered. o Atomic will manage the manufacturer's technical support resources on AMIO-subscribed Servers & Workstations to repair the broken hardware and restore the device to working condition using standard machine restoration services. See the attached description of this service. o Rollouts of new PC's, workstations or laptops, prototypes of devices not previously in use at the Client's location, capital projects and other items not specifically mentioned here, are not covered under this AMIO Service Agreement. These items will be budgeted under separate cover, as needed, with separate approvals required. **Prerequisites o OS & Application Licensing: It is assumed that Client is compliant with all OEM and Volume licensing required to operate required applications. If, during the engagement and delivery of AMIO services, Atomic discovers or determines that additional licensing is required, Atomic will call out the requirement, provide quotation(s) and execute the purchase(s) in order to regain compliance. o Backup & Data Retention: It is assumed that Client has an established Backup & Data Retention policy and/or standard. If, during the engagement and delivery of AMIO services, Atomic discovers or determines that a policy is not established or implemented, Atomic will, at additional consultative cost, engage Client to establish and implement one. o OEM Hardware Warranty(ies): It is required that the Client maintain valid OEM/Manufacturer Warranty(ies) for all subscribed AMIO systems. Atomic will provide service and facilitate replacement (where necessary) of warranted systems. Atomic will not assume responsibility or liability for any system not covered by a valid OEM/Manufacturer Warranty. Client will assume all responsibility for costs associated with the replacement, service and time required to facilitate replacement of a non-covered or non-AMIO-subscribed system. o On-Call/After-Hours Service: Atomic Group provides On-Call/After-Hours service to its AMIO subscribed systems. Atomic's business hours are 8:00 AM to 6:00 PM, Monday through Friday, Pacific Standard/Daylight Time, except for declared National Holidays or traditional days of observance. "On-Call/After-Hours Service" is defined as any service or support provided outside of the defined period(s) within this section. On-Call/After-Hours calls for subscribed Workstations may be subject to additional service charges for non-business hours, non-emergency service requests. After-Hours requests by users of subscribed systems to make arbitrary or elective changes to Operating System(s), Applications or user-preference items on said subscribed system are non-emergency requests and will incur additional service charge(s). On-Call/After-Hours service requests for subscribed Servers will not incur additional charges for maintenance-related or warranty-covered emergency calls. Service requests on subscribed Server systems for On-Call/After-Hours installation of applications on the subscribed Server, user-support of applications installed on the subscribed Server or other non-emergency user support of Server systems will incur service charges(s).
Try & Buy	By clicking on either of the "Click Here" links to download the AMIO Windows or Apple agent, you agree to hold harmless AtomicPC, Atomic Group and/or any of it's divisions, related companies, vendors and partners from any damages whether real or implied as a result of consenting to and subsequently executing the download of said agent(s). The Agent is Atomic Group's system monitoring application. By installing the agent you agree that Atomic Group is authorized to have the agent resident on the system to which it is/was installed. There is no agreement between the downloading party and Atomic Group, either expressed or implied, to provide any service, maintenance or management of the system on which the agent is installed. The installation is for marketing purposes only and is distributed for a limited period of time, not to exceed 30 calendar-days after the installation has been completed and consented to. During the 30 day period, Atomic Group may contact you and solicit you for subscription to the agent and other Atomic Group products and services. It's distribution is at the sole discretion of Atomic Group and may be rescinded, withdrawn or uninstalled, without warning or notice, at any time for any reason. No personal or system data will be garnered, drawn or retained as a result of the agent being installed and/or resident on a consenting system. Further, by clicking the "Click Here" links to download the AMIO Windows or Apple agent, you consent to be contacted by an Atomic Group business development representative.
Unlimited Help Desk	"Unlimited Help Desk" refers specifically to subscribed AMIO clients in good standing for systems: • having a valid and current AMIO Agreement with Atomic Group • having an AMIO agent installed • covered by a valid and active OEM/Manufacturer's Service Plan and/or Warranty The term "Unlimited" is defined, with the conditions identified in this section having been met, that a user will receive maintenance and management service from Atomic Group at no additional charge during normal business hours. Systems covered by the "Unlimited Help Desk" AMIO plan may still be subject to additional labor, travel, parts or service charges if those charges are incurred as a result of user abuse, misuse or actions otherwise outside the boundaries of the subscribed company's Acceptable Use Policy. In the absence of any subscribed company's Acceptable Use Policy, Atomic Group will be the sole arbiter to determine acceptable use. Systems covered by the "Unlimited Help Desk" AMIO plan may also be subject to additional labor, travel, parts or service charges for service requests made and delivered outside of Atomic Group's defined business hours ("AMIO Agreement, On-Call/After-Hours Service").

Atomic Group • 14252 Culver Dr., A900 • Irvine CA 92604 • 866 272 3727 • 714 368 3600