CODERED TERMS OF SERVICE

External Attack Surface Management (ASM)

TERMS OF SERVICE

Effective September 13,2023

1. DEFINITIONS

i. “PROVINTELL” means PROVINTELL Technologies Sdn Bhd and its affiliates (collectively known as “PROVINTELL”).
ii. “Subscriber” means a customer who is purchasing and utilizing the PROVINTELL CODERED ASM service provided by PROVINTELL.
iii. “Service” means the PROVINTELL CODERED  ASM – External Attack Surface Management Service provided by PROVINTELL to Subscriber.
iv. “Subscription Term” means the Service period, quantity of the Managed Assets, and the Service Level Agreement (SLA) set forth in this Service Agreement.
v. “Service Level” means the committed service-based Service Level Agreement (SLA) offered by PROVINTELL in defining the service availability and the response or turnaround time of the service delivery of PROVINTELL CODERED  ASM service to Subscriber.
vi. “Managed Asset” means the information technology infrastructure and application Service managed under the Service.
vii. “E-Support Service” means the online customer support and technical advisory Service provided via the E-Support IMS System to Subscriber via email.
viii. “E-Support IMS System” means the Online Incident Management System and User Dashboards for security intelligence, incident management and security exposure risk analysis of the Managed Asset.
ix. “Subscriber Account” means the user account used by Subscriber to login to E-Support System for incident management, security risk and issue tracking.
x. “Agent Account” means the user account used by PROVINTELL business and technical specialists to login to E-Support System for business support and service delivery operations.
xi. “Confidential Information” means non-public information of PROVINTELL or Subscriber disclosed by either party to the other party, either directly or indirectly, in writing , orally or by inspection of tangible

2. TERMS OF SERVICE

2.1. About Our Service

CODERED  ASM refers to External Attack Surface Management Service offered to Subscriber on 6 months of full-feature trial or annual service subscription basis.
CODERED  ASM Service and its system infrastructure are fully managed and operated by PROVINTELL in-house technical specialists and the business operations are in compliance of ISO/IEC 27001:2013 Information Security Management System standard requirements.

At PROVINTELL, our unwavering commitment is to provide our subscribers with an exceptional level of service. To achieve this, our foremost goal is to maintain a Zero False Positive standard on best of effort when addressing issue tickets assigned to our valued subscribers. Our team dedicate our best efforts and expertise to guarantee that each reported issue undergoes meticulous assessment and validation.

Subscriber agrees to PROVINTELL’s CODERED  ASM Terms of Service and Privacy Notice. Subscriber may refer to PROVINTELL’s Privacy Notice here –

https://www.provintell.com/privacy-notice/

PROVINTELL does not sell, rent or monetize our Subscriber’s personal data and Service information to any third party.

2.2. Exposure Categories

At PROVINTELL, our commitment to cybersecurity is reflected in our comprehensive exposure categories tailored by CODE RED CYBER PTE.LTD. to assess and address vulnerabilities within subscriber’s attack surface. These exposure categories serve as a structured framework for understanding and reducing attack surface, ensuring good cyber hygiene practices for subscriber’s systems and data.

For more details on Exposure Categories.

2.3. Using Our Service 

PROVINTELL’s Rights of Refusal/ Termination. PROVINTELL reserves the right to refuse or terminate the Service of the Subscriber upon detection of any fraudulent, illicit or conflicting business activities of the Subscriber that are considered harmful to PROVINTELL’s business reputation and/or its service operation. Subscriber must not (or to assist others) to access, use, modify, distribute, transfer or exploit our Service or systems. For example, Subscriber must not or attempt to (a) gain unauthorized access to our Service or systems; (b) disrupt the integrity or performance of our Service; (c) create accounts for our Service with invalid credentials or contacts information; (d) collect information about our users; or (e) license, outsource, rent, transfer, distribute, resell the Service to any third party, unless with PROVINTELL’s written consent.

Legal and Acceptable Use. Subscriber agrees to use the Service legally and for acceptable purposes. Subscriber is not allowed to use the Service (or assist others in using) our Service in ways that (a) violate or infringe the rights of the Service, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights, (b) involve in any unlawful or fraudulent activities including but not limited to hacking, unauthorized data modification, leeching and/or abuse of the Service and data provided by PROVINTELL.

Managed Asset Authorization. Subscriber must not to use the Service on the assets that belong to third parties or not within the Subscriber’s authority and purview.

Subscriber Registration and Account Creation. Subscriber is required to register his or her interest and provide his/her valid business contact information via the PROVINTELL website or official email to PROVINTELL.
Subscriber Account will be created by PROVINTELL technical specialists and the login credentials will be sent to the validated Subscriber email upon successful validation of the Subscriber Contact and Managed Asset information, and verification of the payment receipt. 

Subscriber Account Security. The Subscriber Account login is mandatorily secured with advanced multi-factor authentication mechanisms. Subscriber is responsible to keep his/her Subscriber Account credentials safe and must not share his/her login credentials to other users.

Service and Support Duration. The Service is valid for six (6) or twelve (12) months from the Subscriber Account creation date. The Subscriber Account access will be automatically deactivated or suspended upon service expiry if the service is not renewed by the Subscriber within thirty (30) days upon the service expiry date. The Subscriber account and managed asset information will be permanently deleted from our systems after twelve (12) months from the service expiry date.

 

3. ONLINE SERVICE ACCESS AND CUSTOMER SUPPORT

3.1. Online Service Access (via E-Support IMS System). PROVINTELL is responsible to provision and manage the status of the Subscriber Account via the E-Support IMS System in accordance to PROVINTELL’s Privacy Notice.
3.2. Online Technical Support (via E-Support Service). During the Subscription Term, and subject to Subscriber’s payment of the applicable fees and the status of the Subscriber Account, Subscriber shall have active access to the E-Support IMS System for the Online Technical Support and Advisory Services (E-Support Service) provided by PROVINTELL Cyber Security Operation Center (CyberSOC) on 24x7x365 basis.
3.3. Service Level Management. PROVINTELL Cyber Security Operation Center (CyberSOC) is operating on 24x7x365 basis to provide the Service to Subscriber based on the following standard response time.
3.4. Service Level and System Availability. The system accessibility and availability of PROVINTELL E-Support IMS System is managed based on Amazon Compute Service Level Agreement –
https://aws.amazon.com/compute/sla/


4. FEES AND TAXES

4.1. Payment Term. Subscriber shall pay PROVINTELL the fees as in the accepted quotation or payment advice within seven (7) working days.
4.2. Overdue Payment. If any applicable fees are overdue, PROVINTELL reserves the right to suspend or automatically terminate the Service to the Subscriber without any notice. Late payments may incur monthly interest charges of 1.5% per month, or the maximum rate allowable by law, whichever is lower, together with any collection costs including attorneys’ fees.
4.3. Non-refundable Policy. Payment obligations are non-cancellable and the fee paid is non-refundable.
4.4. Taxes. Subscriber must pay to the relevant taxing authority for all taxes arising for this Service subscription and the taxes should not be deducted from the payments to PROVINTELL.
4.5. PROVINTELL reserves the right to modify the fees. However, PROVINTELL shall provide Subscriber with written notice.

5. SUBSCRIPTION TERM AND TERMINATION

5.1. Subscription Term. Subscription Term commences on the date of Subscriber Account is available, and is valid for six (6) month or twelve (12) months depending on subscription basis.
5.2. Service Termination. Either party may terminate the Service immediately if the other party breaches its obligations under the Terms of Service and does not remedy such breach within fourteen (14) calendar days of the date on which the breaching party receives written notice of such breach from the non-breaching party. Additionally, either party may terminate the Service immediately if the other enters into compulsory or voluntary liquidation, ceases to carry on business, or takes or suffers any similar action that the other party reasonably believes will materially impair its performance under the Agreement. Upon termination, PROVINTELL’s obligation to provide Service will immediately terminate and Subscriber shall pay the full amount of any outstanding fees due.

6. DISPUTE AND APPLICABLE LAW

6.1. The Terms of Service obligations of PROVINTELL and its Subscribers are governed by the Law of Malaysia and parties here to hereby irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

7. COPYRIGHT

7.1. The content and information available of the Service (digital downloads, images, texts, graphics and logos) is the exclusive property of PROVINTELL and/or its content creators and protected by the international copyright and Malaysian copyright acts.

8. INDEMNITY

8.1. Subscriber agrees to indemnify and save PROVINTELL harmless against and from;
(a) any act, omission, breach, non-observance and non-performance by Subscriber or its employees, agents or vendors;
(b) any claim, damage, loss or expenses due to or resulting from any negligence, wrongful act or breach of duty on the part of Subscriber or its employees, agents or vendors;
(c) any and all claims and proceedings for or on account of infringement of any protected intellectual property rights related to or in any way connected with the Service.

8.2. Subscriber agrees that PROVINTELL shall not be liable to Subscriber and /or any third party for any loss or damage whatsoever or howsoever caused arising directly or indirectly with the Service, including liability for any special, punitive, incidental, pecuniary or consequential loss, damage, corruption to or destruction of software of data or any business information, wasted expenditures, business interruption or for loss of profit, revenue, goodwill or anticipated saving.

8.3. The expiry or earlier termination of the Service shall not affect the liability of Subscriber for any of its acts or omissions committed during the duration of the Service and PROVINTELL shall be kept indemnified and held harmless in respect of any claim arising therefrom.

9. DISCLAIMERS AND LIMITATIONS

9.1. Subscriber acknowledges that there is no assurance that all the security exposures can be identified during the Subscription Term due to the limitations and constraints implied. The findings and recommendations provided are based on the technologies and known security issues. As the technologies and risks may change over time, deviation may occur in the security issues and recommendations provided.

10. CONFIDENTIAL INFORMATION

10.1. The information concerning the business and personal data including but not limited to, accounts, finance or transactions or any communications shall be kept strictly confidential by PROVINTELL and its Subscribers.
10.2. The parties agree and undertake that it/he/she shall not use the Confidential Information for it/his/her benefits, or, in any way directly or indirectly detrimental to the other party.
10.3. The provision of Clause 10 shall survive the expiration or termination of the Service.