1. Overview
PROFESSIONAL SERVICES, MANAGED SERVICES, HOSTING, SECURITY SERVICES, AND PROJECT ENGAGEMENTS
This Service Order & Order Form Terms Agreement (“Order Terms”) forms part of the Master Terms of Service (“MTOS”) and governs all quotations, proposals, statements of work (“SOW”), purchase orders, service orders, order forms, invoices, project agreements, and service engagements entered into between RDK REVENUE LLC (“RDK”, “Company”, “we”, “our”, or “us”) and the customer (“Customer”, “Client”, or “you”).
These Order Terms apply whenever a Customer purchases, subscribes to, or engages RDK to provide products or services.
2. PURPOSE
These Order Terms establish the contractual framework governing:
Hosting Services
Domain Services
Email Services
Cybersecurity Services
Managed IT Services
Security Assessments
Vulnerability Assessments
Penetration Testing (VAPT)
PCI Services
Compliance Services
Microsoft 365 Services
Professional Consulting
Custom Projects
Training Services
Software Development
Managed Security Services
3. ORDER OF PRECEDENCE
In the event of conflict, documents shall control in the following order:
Executed Statement of Work (SOW)
Executed Service Order / Order Form
Master Service Agreement (if applicable)
Data Processing Addendum (DPA)
Master Terms of Service
Product-Specific Terms
Marketing Materials
Marketing content shall not create contractual obligations.
4. ACCEPTANCE OF ORDERS
An Order becomes binding when:
Any One Of The Following Occurs
Customer signs an Order Form.
Customer signs a Proposal.
Customer approves a Quotation.
Customer issues a Purchase Order.
Customer makes payment.
Customer activates services.
Customer electronically accepts an Order.
RDK reserves the right to reject any Order.
5. SERVICE DESCRIPTIONS
Services shall be provided as described in:
Service Orders
Statements of Work
Proposals
Product Descriptions
Any service not expressly listed is excluded.
6. STATEMENTS OF WORK (SOW)
For custom engagements, RDK may issue a Statement of Work.
A SOW may define:
Scope
Deliverables
Timelines
Responsibilities
Assumptions
Acceptance Criteria
The SOW becomes part of the contractual agreement.
7. CUSTOMER RESPONSIBILITIES
Customer shall:
Provide accurate information.
Provide required access.
Designate authorized contacts.
Cooperate with project requirements.
Review deliverables promptly.
Maintain required licenses.
Delays caused by Customer may affect schedules and pricing.
8. CHANGE REQUESTS
Changes outside the agreed scope may require:
Change Orders
or
Revised Statements of Work
RDK may:
Adjust pricing
Adjust timelines
Modify deliverables
No obligation exists to perform out-of-scope work without written approval.
9. PROFESSIONAL SERVICES
Professional services may include:
Consulting
Architecture Design
Cybersecurity Assessments
Cloud Services
Infrastructure Services
Security Audits
Advisory Services
Professional services are performed using commercially reasonable efforts.
No specific outcome is guaranteed.
10. VULNERABILITY ASSESSMENT & PENETRATION TESTING (VAPT)
Where VAPT services are provided:
Customer represents that:
Customer owns the systems tested; or
Customer has written authorization to test them.
Customer shall indemnify RDK against claims arising from unauthorized testing instructions.
RDK may suspend testing if legal concerns arise.
11. SECURITY SERVICES DISCLAIMER
Security services:
Reduce risk
Improve visibility
Improve security posture
Security services do not guarantee:
Complete security
Compliance certification
Breach prevention
Attack prevention
Cybersecurity remains a shared responsibility.
12. HOSTING & INFRASTRUCTURE SERVICES
Hosting services remain subject to:
Hosting Terms of Service
Service Level Agreement
Acceptable Use Policy
Availability commitments are governed exclusively by the SLA.
13. DOMAIN SERVICES
Domain services remain subject to:
Domain Registration Agreement
Domain Transfer Policy
Whois Privacy Agreement
ICANN Policies
Domain availability is never guaranteed until successfully registered.
14. THIRD-PARTY SERVICES
RDK may utilize third-party providers including:
Examples
Microsoft
Stripe
eNom
ConnectReseller
Zoho
OX App Suite
DigiCert
Sectigo
Customer acknowledges that third-party services may have separate terms and limitations.
15. PROJECT TIMELINES
Project timelines:
Are estimates only.
Depend upon Customer cooperation.
May be adjusted for operational requirements.
Missed target dates do not constitute breach unless expressly agreed in writing.
16. ACCEPTANCE OF DELIVERABLES
Unless otherwise stated:
Deliverables shall be deemed accepted if:
Within Ten (10) Business Days
Customer fails to:
Reject deliverables; or
Identify material deficiencies.
Minor issues shall not delay acceptance.
17. CUSTOMER DELAYS
Where Customer delays a project:
RDK may:
Suspend work
Reallocate resources
Revise timelines
Invoice completed work
Extended delays exceeding ninety (90) days may result in project closure.
18. FEES
Customer shall pay all fees specified in:
Service Orders
Invoices
Quotations
Statements of Work
All fees are governed by the Payment Terms & Billing Policy.
19. EXPENSES
Unless otherwise stated:
Professional service fees do not include:
Travel costs
Accommodation
Government fees
Third-party licensing fees
Additional expenses may be invoiced separately.
20. INTELLECTUAL PROPERTY
Pre-Existing Intellectual Property
Each party retains ownership of pre-existing intellectual property.
Deliverables
Ownership of deliverables shall be determined by the applicable Service Order or SOW.
Unless otherwise agreed:
RDK retains ownership of:
Methodologies
Frameworks
Templates
Tools
Scripts
Security Procedures
Proprietary Platforms
21. CONFIDENTIALITY
Each party agrees to protect confidential information received from the other.
Confidentiality obligations survive termination.
Confidential information does not include information that:
Is publicly available.
Was independently developed.
Was lawfully obtained from a third party.
22. WARRANTIES
RDK warrants that services will be performed using commercially reasonable skill and care.
Except as expressly stated:
All services are provided:
“AS IS”
and
“AS AVAILABLE.”
23. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
RDK shall not be liable for:
Lost profits
Lost revenue
Lost opportunities
Business interruption
Data loss
Indirect damages
Consequential damages
24. LIABILITY CAP
RDK’s aggregate liability under any Service Order shall not exceed the greater of:
USD $100
or
Fees paid by Customer during the three (3) months immediately preceding the event giving rise to the claim.
25. INDEMNIFICATION
Customer shall defend, indemnify, and hold harmless RDK from claims arising from:
Customer instructions
Customer content
Unauthorized testing requests
Customer violations of law
Intellectual property infringement by Customer
including reasonable attorneys’ fees.
26. TERMINATION
Either party may terminate a Service Order where permitted by the applicable agreement.
Termination does not affect:
Accrued payment obligations
Confidentiality obligations
Liability limitations
27. FORCE MAJEURE
RDK shall not be liable for delays caused by:
Natural disasters
Cyberattacks
Utility failures
Government actions
Internet disruptions
Labor disputes
Events beyond reasonable control
28. DISPUTE RESOLUTION
Any dispute arising from a Service Order shall be governed by the dispute resolution provisions of the Master Terms of Service.
Unless otherwise agreed:
Arbitration Venue
Albuquerque, New Mexico, United States.
Language
English.
29. GOVERNING LAW
These Order Terms shall be governed by the laws of the State of New Mexico, United States.
30. ELECTRONIC EXECUTION
Service Orders may be executed electronically.
Electronic signatures shall have the same legal effect as handwritten signatures.
31. ENTIRE AGREEMENT
Each Service Order, together with incorporated agreements, constitutes the complete agreement regarding the applicable services.
32. CONTACT INFORMATION
Contracts Department
Legal Department
Sales Department
Corporate Address
8206 Louisiana Blvd NE, Ste A #8574 Albuquerque, New Mexico 87113 United States
Operational Office:
67, Kurukuattala Kadugannawa, Kandy 20300 Sri Lanka
IMPORTANT NOTICE
Each Service Order, Proposal, Quotation, Statement of Work, or Order Form should be reviewed together with the Master Terms of Service and all applicable service-specific agreements. No verbal statement, marketing representation, proposal language, or informal communication shall modify contractual obligations unless expressly approved in writing by an authorized representative of RDK REVENUE LLC.