TERMS OF SERVICE FOR
NON-SGN WIRELESS SERVICE
(Updated 02/18/2020)

This Service is subject to and governed by the Master Service Agreement (MSA) between you and the "consolidated technology services agency" identified in RCW 43.105, doing business as Washington Technology Solutions (WaTech). For the remainder of this Terms of Service (TOS) the agency is referred to as WaTech. This TOS is entered into between you and WaTech for the provisioning of WaTech's Information Technology Services. For the purposes of this agreement "You" and "Customer" are used interchangeably and mean the entity to which WaTech is providing service.

A. Service Description

WaTech Non-SGN (State Government Networks) Wireless Service is a secure wireless service, which provides professional design installation and maintenance of wireless systems in areas that have a need to provide non-SGN access to the public. WaTech Wireless supports all or some of following services:

B. Availability

WaTech Wireless Team provides support of the systems defined in this Terms of Service Monday through Friday, 8 a.m. to 5 p.m. on regular business days. Scheduled maintenance will occur outside of regular business hours and will only be executed when necessary (e.g., hardware and software upgrades, software patches, faulty hardware replacement, application changes).

C. Design

WaTech will provide to the customer a survey document showing all surveyed areas showing coverage expected and all parts required for the system to be installed and maintained.

D. Installation

WaTech will coordinate installs with customer and clearly outline WaTech and customer responsibilities. WaTech will schedule meetings with customer throughout the site work to keep projects moving forward while adhering to timelines agreed on by both parties.

*See section "G. Responsibilities"

E. Maintenance

WaTech will keep all systems up to date with security patches, operating system upgrades and visit site at least but not limited to once a year for visual verification of wireless line of sight and visually inspect all on-premises equipment/enclosures if applicable. *(All travel expenses incurred while traveling to site/s will be passed through at cost to customer). WaTech will remotely monitor the availability and performance of all devices behind the customer WAN connection that make up the wireless Network at "Customer Location/s".

Customer will ensure that local ground maintenance staff/contractor trims or removes any trees and hedges necessary to maintain the line of sight between the wireless antennas, at the expense of the customer.

WaTech will respond to outages remotely within 24 hours and respond onsite within 48 hours inside Thurston County during regular workdays/hours Monday - Friday 8 a.m. - 5 p.m. (excluding weekends and holidays, and barring inclement weather). Onsite visits during outages outside Thurston County will be a minimum of 72 hours barring inclement weather and only after remote troubleshooting has verified that an onsite visit is required. (All travel costs will be passed through to customer).

WaTech will provide an email address for customer guests to report issues/concerns.

Exclusions

Any service designed to add or increase functionality or capacity (i.e., not intended to support the existing system) are outside of the scope of this Agreement and will be quoted and invoiced separately, with prior consent required by customer.

Customer assumes all responsibility for ISP or WAN circuit that provides connectivity to one or all sites including maintenance and troubleshooting. WAN or ISP connection must be non SGN and have no access to resources on the SGN. Per OCIO 141.10.

All infrastructure (radio towers, mounting surfaces, power, NEMA [National Electrical Manufacturer Association] rated enclosures, etc.) will be installed and maintained by customer as per the overall design of the site.

WaTech does not provide or support content filtering for any wireless sites unless provided/supported and paid for by customer.

F. Charges

Please open a ticket with the WaTech service desk to get pricing: support@watech.wa.gov.

*Pricing provided on a per-site basis.

*All travel expenses will be passed through to the customer.

*Sites turned up between the 1st and 15th of the month will begin billing on the 1st of the month. Sites turned up between the 16th and 31st of the month will begin billing on the 1st of the following month.

Customer agrees to pay WaTech the quoted monthly recurring amount commencing on the first day of the month that a maintenance quote is accepted, system is installed and operational. Sites will be reviewed annually and, any price changes will be submitted to customer for approval prior to billing of renewed amount, otherwise sites will continue to be billed at the previous quoted amount.

Either party may terminate the Agreement for any reason without cause with 90 days written notice. At which time this maintenance agreement is either terminated or not renewed. Customer will need to be prepared to move devices to a local or remote server in order for this site to remain functional. (WaTech uses a centralized remote Cloud server to manage, configure and support webpages for these sites). WaTech agrees to provide customer any and all passwords set up by WaTech in order to access the wireless network.

Customer agrees that any equipment (access points, switches, firewalls, etc.) provided by WaTech under this Agreement will remain in the ownership of WaTech after this Agreement terminates. Likewise, WaTech agrees that any equipment (access points, switches, firewalls, cabling, etc.) provided by the customer under this Agreement will remain in the ownership of customer after this Agreement terminates.

Under this maintenance agreement WaTech will not support a paid (guests pay to access) wireless guest service.

Customer agrees to waive, release, indemnify, and hold harmless WaTech, its officers, directors, board, agents, contractors, subcontractors or employees, from any liabilities, expenses or claims, which result from loss or damage to customer property whether directly or indirectly caused by WaTech, its agents, contactors, subcontractors or employees. In the event either party files suit in a court of law to interpret or to enforce the terms of this Agreement, the prevailing parties' legal fees and costs incurred will be paid by the other party.

G. Responsibilities

1. WaTech responsibilities:
   
   1. Perform wireless site surveys.
   2. Provide wireless design documents and parts list.
   3. Install outdoor wireless equipment and patch cords.
   4. Configure wireless system.
   5. Manage the infrastructure components: Cloud-based controller, basic firewall, AP hardware, AUP customization.
   6. Provide IP addressing for wireless APs and users.
   7. Provide monitoring, troubleshooting, and maintenance.
      
2. Customer responsibilities:
   
   1. Procure wireless system components, access points, switches. Firewalls, standard mounting brackets, hardware for non-standard installations such as outdoor towers, power injectors, external antennae, etc.
   2. Installation of towers, NEMA enclosures, electrical breakers, outlets and any required conduit.
   3. Provide power to all locations.
   4. Provide all structured cabling.
   5. Provide a lift if one is required for the safe installation of wireless system.
   6. Provide current maps to WaTech to be loaded into cloud-based controller.
   7. Collaborate with WaTech prior to any changes to maps which could impact location of APs.
   8. Provide non SGN WAN or ISP connection for the wireless system.
   9. Onsite assistance for basic troubleshooting with WaTech.
      
      1. Power cycling hardware.
      2. Provide visual inspection of hardware and line of sight between radios.

H. Special Terms

1. CONTENT DISCLAIMER - The internet contains materials that you may find objectionable or offensive. WaTech does not publish or control, and are not responsible or liable for, any third-party information, content, services, products, software or other material that can be accessed through the Service. The customer is solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products and other information, and the quality and merchantability, accuracy, timeliness or delivery of such services, products and other information. The customer is responsible for paying any charges that they incur from third parties through your use of the Service, and the customer's personal information may be available to third parties that the customer accesses through the Service.
2. PRIVACY AND SECURITY - Wireless systems transmit voice and data communications over a complex network. The privacy and security of such voice and data transmissions cannot be guaranteed. You acknowledge that the Service is not inherently secure, and you understand that wireless communications can be intercepted by equipment and software designed for that purpose. We are not liable to you or any other party for any lack of privacy you experience while using the Service.
3. Prohibited Conduct By Users - In using any of the Services, You or your users shall not: (i) disrupt or interfere with the security or use of any of the Services; (ii) violate any applicable laws, statutes, rules, or regulations; or (iii) assist any third party in engaging in any activity prohibited by these Service Terms.
4. Wireless hardware not working - Should equipment fail, WaTech will work with the customer to purchase replacement equipment. If the equipment is under warranty, customer will handle this through the warranting company.
5. Data loss - WaTech is not responsible for data loss for any reason, including, but not limited to, service failures, computer failures, or acts of God.