Breach Reporting Service Agreement
THIS BREACH REPORTING SERVICES AGREEMENT (“Agreement”) is entered into between STEVENS & STEVENS BUSINESS RECORDS MANAGEMENT, INC., a Florida corporation (“SSBRM”) and the party named as “Client” identified on the CSR Breach Reporting Service Order Form. SSBRM and Client may each be referred to as a “Party” and be collectively referred to as the “Parties”.
WHEREAS, SSBRM is in the business, among other things, of marketing data breach reporting
services (“Services”) provided by CSR Privacy Solutions, Inc. (“CSR”); and
WHEREAS, SSBRM and Client desire to enter into this Agreement under which Client shall obtain the Services from CSR and compensate SSBRM for Client’s use of those Services.
NOW, THEREFORE, in consideration of the mutual promises and other valuable and good consideration, the sufficiency and receipt whereof are hereby acknowledged, the Parties agree to the following terms and conditions:
1. Services. SSBRM will provide Client with the CSR Breach Reporting Service 24 hour toll free number to contact CSR Certified Privacy Experts in the event of a suspected or actual data breach experienced by Client. CSR’s Certified Privacy Experts (Certified Information Professional or CIPP) will assess Client’s incident. If it is a reportable event, CSR will file all necessary documents to all required state and federal agencies (or appropriate international bodies). If Client’s customer data is involved, CSR will guide Client through the delicate notification process for a data breach.
2. Term. The term of this Agreement shall commence on the Effective Date and continue until cancellation by Client which shall occur thirty (30) days after Client has provided SSBRM with a written cancellation notice.
3. Billing. SSBRM shall bill Client monthly for the Services provided by CRS in the amount of $22.95 per month (“Monthly Service Fee”) for the Services provided in the prior month. First month’s billing shall begin the following month after Agreement is accepted and notice is received by SSBRM. Payment shall be due within thirty (30) days of the invoice date. A service charge of 1 1⁄2% monthly, 18% annual rate, will be added to any invoices which are thirty (30) days past due. After the first full year of this Agreement, SSBRM may increase the Monthly Service Fee after giving Client thirty (30) days prior written notice of the increase. Similar yearly increases may be made thereafter.
4. Limitation on Liability. All Breach Reporting Services are provided to Client by CSR and Client agrees to look solely to CSR for the performance of those Services and agrees to that SSBRM shall not be liable for any actions or inactions by CSR in providing the Breach Reporting Services.
5. Costs and Attorney’s Fees. In any action brought to enforce the terms of this Agreement, the prevailing party shall be entitled to recover, in addition to its damages, the costs and reasonable attorney’s fees incurred in bringing such action. Any such action shall be brought in Pinellas County, Florida, which the Parties agree is the proper venue for actions involving this Agreement.
6. Entire Agreement. This Agreement constitutes the entire agreement between the Parties as to the matters contained herein and shall not be amended or modified except in writing.
7. Successors and Assigns. This Agreement shall inure to the benefit and be a burden on the Parties hereto and their respective successors and assigns. This Agreement is assignable by either Party hereto.