Terms & Conditions of Service
Please read through our standard Terms & Conditions of Service very carefully. These clearly outliine the obligations for both contracting parties and have been drafted to protect both you (our Client) and Macrolan.
1. PREAMBLE
1.1 MacroLan agrees to supply the client with the required IT services. In consideration for the services supplied, the client agrees to pay MacroLan the required service fees.
2. CALL CENTRE SUPPORT
2.1 Consulting and support requests for all services must be logged through MacroLan’s Call Centre during normal office hours or between 9am - 2pm on Saturdays or by either calling 0861 855 855 or emailing support@macrolan.co.za or through MacroLan’s website on www.macrolan.co.za.
2.2 The client will be provided with a ticket reference number enabling the client to track the status of the request. The request will either be dealt with telephonically or if required, a technician will be dispatched to the client’s site. Once the ticket has been completed, the client will receive an email confirming completion of the request noting:
- time taken to complete the request;
- the level of consulting services utilized;
- a log of spare parts provided;
- a log of faulty equipment removed from the client’s site;
- a log of repaired equipment returned to the client’s site; and
- delivery, handling and travel fees (where applicable).
The client will be given 48 hours to respond by return email to support@macrolan.co.za to notify that the ticket has not been satisfactorily completed. The client must state the tasks outstanding. Failing such notification, the ticket will be closed and billed accordingly.
3. CLIENT OBLIGATIONS
3.1 The client shall provide all assistance necessary for MacroLan to execute the services.
3.2 Unless otherwise agreed, the client shall provide and be responsible for undertaking regular and systematic back-up procedures of the client’s information. Irrespective of whether it is the client’s responsibility to undertake back up procedures of the client’s information or whether the client has contracted MacroLan to perform this function on their behalf, under no circumstances shall MacroLan be liable for loss of the client’s data or restoration of lost information, or lost working hours, or direct or special losses, irrespective of the cause of such loss. If MacroLan is the cause of the loss of data, MacroLan shall restore the data from the backup media as provided by the client at no cost to the client.
3.3 The client shall keep the hardware environment in accordance with the manufacturer’s specifications and free of dust, dirt and water.
3.4 The client shall monitor and ensure that all software licenses are valid and updated in accordance with regulatory requirements.
4. RESPONSE TIME
4.1 Any given response time is approximate only.
Guideline Response Times During Normal Office Hours:
STD location (within 50kms of MacroLan’s office) - 4 hours from logging of call with MacroLan’s Call Centre.
Non STD location (in excess of 50km of MacroLan’s office) - 24 hours from logging of call with MacroLan’s Call Centre, or best offer.
4.2 The client acknowledges that no liability shall vest with MacroLan as a result of late executions of the services. Whilst MacroLan shall endeavor to effect the services as expeditiously as possible and within the guideline parameters, MacroLan shall not be held liable should it fail to do so.
5. PAYMENT
5.1 All quoted prices are exclusive of V.A.T.
5.2 All payments to MacroLan are to be undertaken via electronic transfer or debit order.
5.3 Unless account facilities are authorized by MacroLan, upfront payments are required for hardware and software sales prior to MacroLan ordering the equipment. Equipment installations are invoiced on COD payment terms.
5.4 Service fees are invoiced on 30 - day payment terms.
MacroLan charges service fees during normal office hours, namely week days between 8h30 and 17h00. MacroLan offers 4 levels of consulting services: standard support; senior support, server support and specialized support. Service fees are available on request.
MacroLan charges service fees for work undertaken out of normal office hours, namely between 17h00 and 8h30 on weekdays and on Saturdays, of 1.5 times the normal hourly service fee, per hour of work undertaken.
MacroLan charges service fees for work undertaken on Sundays and public holidays of 2 times the normal hourly service fee, per hour for work undertaken.
MacroLan shall review service fees on an annual basis.
5.5 Charges for Call Centre, telephonic, and remote support shall be rounded up to the nearest quarter of an hour. Charges for consulting shall be rounded up to the nearest half hour, with a minimum charge of 1 hour.
5.6 MacroLan shall charge the client fees for traveling to and from the site for consulting work and equipment collections and deliveries. This fee shall be reviewed by MacroLan on an ongoing basis.
5.7 Call Centre support will be charged out at MacroLan’s standard service fees. Clients with maintenance and support contracts will not be charged for Call Centre support. Clients with ISP or ISP related service contracts will not be charged for Call Centre support for ISP related queries.
5.8 Service contract and ISP subscription fees are payable monthly in advance via automatic debit order on or around the first day of each month.
5.9 The client’s written consent is required for MacroLan to upgrade or add additional services to any service contract thereby increasing stipulated subscription fees.
5.10 Payment for domain registration and hosting is required upfront and covers access to the domain for a specified period.
5.11 If payment is not received in full within the stipulated period, MacroLan shall be entitled to decline, refuse and/or halt the services until full payment is received, and this right to decline, refuse and/ or halt the services shall not be a valid reason in itself for withholding or reducing any payment due. Where applicable, a reconnection fee shall be charged by MacroLan to the client.
5.12 If payment is not received in full within the stipulated period, the client shall be liable to pay interest on the outstanding amount at the prime overdraft rate of the Standard Bank of South Africa, calculated and compounded monthly in advance.
6. INDEMITY
6.1 MacroLan will not be held liable for any damages or losses and / or for any costs, claims or demands of any nature, whether direct, indirect or consequential which may be incurred by the client and / or any third party, arising out of the provision or suspension of any service of any nature.
6.2 In the event of network failure (for any reason whatsoever) or because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which general, ISP and ISP related services are provided, the provision of such services may be suspended from time to time without notice, and MacroLan, its servants, agents and sub-contractors, and upstream service providers are exempted from all liability whatsoever to the client and/or any third party. Where circumstances permit, MacroLan shall use its best endeavors to provide prior notice of any suspension of service to the client. MacroLan does not undertake to re-instate services within a specific period.
6.3 The client indemnifies MacroLan and holds MacroLan harmless against any claim by the client or by any third party arising directly or indirectly out of the client’s access to or use of any service or information obtained through the use of any service.
7. CONFIDENTIALITY
The client agrees that MacroLan may use any of the client’s information for the purpose of fulfilling its obligations in terms of the requested services and will otherwise hold the clients information in the strictest of confidence.
8. DISPUTE RESOLUTION
8.1 MacroLan and the client agree that disputes will be dealt with in a spirit of co operation, good faith and fair and equitable business practice.
8.2 If the parties are unable to resolve a dispute by means of joint co-operation or discussion between the individuals directly involved with the execution of the contract within 1 (one) week after a dispute arises or such extended time period as the parties may in writing allow, then such a dispute shall be submitted to the most senior executives of the parties who shall endeavor to resolve the dispute, within 7 (seven) calendar days after it having been referred to them.
8.3 Should the dispute not be resolved in the aforesaid manner, if MacroLan in its sole and unfettered discretion determines, the matter shall be referred for arbitration in Cape Town and shall be governed in line with the law of the Republic of South Africa.
9. BREACH
9.1 Either party shall be entitled, but not obliged, to terminate the services, without prejudice to any rights which it may have in law in the following circumstances:
9.1.1 If there is a breach of the service contract which is remediable and the defaulting party fails to remedy the breach within 14 (fourteen) days of receipt of written notice requiring it to do so; or
9.1.2 If there is a breach of the service contract, which is not capable of being remedied and the breach is material and goes to the root of the contract.
9.1.3 If one of the parties becomes insolvent or bankrupt.
10. WARANTIES
10.1 MacroLan does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the equipment, software or services or their suitability for any intended purpose, whether that purpose is notified to MacroLan or not.
10.2 MacroLan does not warrant or guarantee that the information transmitted by the use of the ISP or ISP related services will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies, defects, bugs or viruses, and will not contravene the laws of a particular country.
11. GENERAL
11.1 The terms and conditions of service constitute all the terms and conditions between the parties who acknowledge that there are no other oral or written understandings or agreements between them. No amendment or other modification of these terms and conditions shall be valid or binding on a party hereto unless reduced to writing and signed by both parties.
11.2 The client shall allow MacroLan, its servants, agents and sub - contractors to access the client’s premises at all reasonable times in order to install, maintain, monitor, inspect, replace or remove the services.
11.3 MacroLan may subcontract any portion of the services to a third party, provided that MacroLan obtains the client’s written consent (which consent shall not be unreasonably withheld or delayed).
11.4 MacroLan is entitled to cede and/ or assign contracts on written notice to the client.
11.5 Should MacroLan for any reason whatsoever not be in a position to provide any contract service to the client, MacroLan may terminate the provision of such service on giving the client 1 month’s written notice of any such termination. MacroLan will not be held liable for any damages or losses of whatever nature whether direct, indirect, or consequential which may be incurred by the client arising out of the ceasing of any services or out of any other cause whatsoever.
11.6 The client agrees not to offer employment to or to employ any MacroLan staff member to manage the client’s IT network or to provide any IT service to the client, while MacroLan provides services to the client and for a period of 2 years after MacroLan ceases to provide services to the client. Should the client employ or subcontract any of the MacroLan staff during this period, MacroLan will be entitled to invoice the client for an amount equal to twice the staff member’s annual total cost to MacroLan.
11.7 The client may not at any time use the ISP or ISP related services in contravention of any South African law. In particular, the client undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time, which has any bearing on ISP or ISP related services and / or their use. MacroLan has no obligation to assist the client in this regard. Adult - orientated sites, designed for entertainment or commercial purposes are also not allowed on MacroLan’s network. Forbidden sites include those that provide access to pornographic materials, whether for free or for payment, regardless of whether adult verification is used or not. If MacroLan in its sole and unfettered discretion determines that any customer content violates any law, including the Film and Publications Act, 65 of 1966 or MacroLan’s policies, it may without notice delete the offending contents and unlawful transmissions.
11.8 Unless agreed otherwise, the client will be held responsible for all communication services and facilities, including telephone facilities and lines, required for ISP and ISP related services to be rendered by MacroLan.
11.9 Clients acknowledge that the following circumstances and events may impact upon its use of ISP and related services and further that these circumstances and / or events are beyond MacroLan’s control:
- use of the ISP and related services by other customers;
- limitations upon national and / or international bandwidth capacity;
- telecommunication service operator failures, which include telecommunication links and line failures;
- operating systems;
- access technology failures;
- quality of service of telecommunication lines or lines;
- any action, omission and / or failure by the client and their system, software, network and equipment which has a impact on the ISP or related services;
- any other action, omission and failure not within MacroLan’s control which has a impact on ISP and related services.
11.10 Warrantees on hardware purchased will be supplied by the respective Supplier. Faulty hardware within the warrantee period will be collected by MacroLan and delivered to the Supplier for repairs or replacement. MacroLan will return the repaired hardware to the client free of delivery charges. Extended warranties on hardware sales can be purchased.
11.11 Should a client require, MacroLan will collect faulty equipment, (namely desktops, servers, notebooks, printers, monitors, UPSs) and endeavor to repair same. If unable to repair, MacroLan will forward the equipment to the supplier for an evaluation and quote to repair. Unless the equipment is under warrantee, repair quotes not accepted usually carry a quote rejection fee which will be invoiced to the client.
ISP AND RELATED SERVICES
12. CONTRACT DURATION AND SUBSCRIPTION FEE
12.1 Off site backup software is rented by MacroLan to the client for a fixed contract period. The contract fee will carry a fixed annual escalation rate. After the expiry of the initial contract period, the contract shall automatically renew indefinitely for successive periods of 12 months, at an escalation rate to be advised, until terminated at the end of a contract period by either party providing 30-days prior written notice of termination.
12.2 MacroLan shall invoice a fixed per annum fee for Domain registration and hosting (DNS) which will be reviewed on an annual basis.
12.3 Dialup, mailboxes, mail spooling and ADSL contracts shall commence on the connection date, notwithstanding the date of signature, and shall continue indefinitely until terminated in writing by the client providing 30-calendar days notice of such termination to cancellations@macrolan.co.za. During the term of the contract, MacroLan shall be entitled to increase subscription fees payable by the client on provision of 30-days notice, which may include written notice or email notification.
12.4 The addition and subtraction of mailboxes can be undertaken by the client during the term of the contract. Monthly subscription fees will be adjusted accordingly.
12.5 Digital (leased line) contracts shall commence on the connection date, notwithstanding the date of signature, and shall continue for a fixed contract period. The contract fee will carry a fixed annual escalation rate. After the expiry of the initial contract period, the contract shall automatically renew indefinitely for successive periods of 12 months, at an escalation rate to be advised, until terminated at the end of a contract period by either party providing 30-days prior written notice of termination.
12.6 Co-Location and Managed Server Hosting contracts shall commence from the date the server is installed in MacroLan’s contracted Data Centre facilities, notwithstanding the date of signature, and shall continue for a fixed contract period. The contract fee will carry a fixed annual escalation rate. After the expiry of the initial contract period, the contract shall automatically renew indefinitely for successive periods of 12 months, at an escalation rate to be advised, until terminated at the end of a contract period by either party providing 30-days prior written notice of termination.
12.7 Website hosting contracts shall commence from the date the client is supplied with FTP details to upload the client’s website to MacroLan’s web server, notwithstanding the date of signature, and shall continue indefinitely until terminated in writing by the client providing 30-calendar days notice of such termination to cancellations@macrolan.co.za. During the term of the contract, MacroLan shall be entitled to increase subscription fees payable by the client on provision of 30-days notice, which may include written notice or email notification.
12.8 Hosted exchange contracts shall commence from the date the client is supplied with exchange user account details, notwithstanding the date of signature, and shall continue indefinitely until terminated in writing by the client providing 30-calendar days notice of such termination to cancellations@macrolan.co.za. During the term of the contract, MacroLan shall be entitled to increase subscription fees payable by the client on provision of 30-days notice, which may include written notice or email notification. The set up fee is payable in advance and required prior to the provision of exchange user account details.
12.9 Should a contract commencement date be any date other than the first day of the month, MacroLan shall charge the client pro rata subscription fees for the respective month.
12.10 The client shall not be entitled to a setoff, discount or refund of any subscription fees in respect of any suspension or delay of any service or for any other reason whatsoever.
12.11 Termination of ISP and related services by the client before the specified termination date will result in the client being liable for the full payment of the subscription fees for the remaining period of the contract.
12.12 Under ADSL, Website Hosting, Co - Location and Managed Server Hosting contracts, the client shall be responsible for additional fees and charges should the volume of bandwidth usage in a calendar month exceed the specified threshold, an additional charge as specified on the contract will be applied for that month. MacroLan shall be entitled to increase this charge payable on provision of 30 - days notice, which may include written notice or email notification.
12.13 Should the data volume stored on the hosted exchange shared storage platform exceed the maximum volume purchased, then an additional charge will apply, per month, based on the prevailing per gigabyte storage space cost.
12.14 MacroLan will maintain an average availability of 99.7% uptime on core network connectivity for digital lines, co-location and managed server hosting, subject to the exclusion of any downtime, outage or interruption or unavailability of connectivity, as a result of, or caused by:
- any downtime, outage, interruption or unavailability of connectivity caused by the services or facilities, including telecommunication facilities or network telecommunication facilities, of an external or third party telecommunications or network provider, including Telkom to which the MacroLan network infrastructure is connected;
- any outage due to power or power related problems;
- any outage, interruption or unavailability caused by client’s software and/or applications;
- scheduled downtime, outage, interruption in or unavailability of connectivity for general, maintenance, enhancements, upgrades or modifications.
- any action or omission of the client, including without limitation, accidental damage, operator errors, abnormal operating conditions, the connection of unauthorised peripheral equipment, improper use, misuse, neglect or abuse of connectivity; and
- any factor beyond the reasonable control of MacroLan.
Should connectivity fall below 99.7% for any reason other than those stipulated above, clients shall be entitled to a reduction in subscription fees for the applicable month. Connectivity uptime will be measured by MacroLan’s monitoring software and shall mean connectivity averaged over all MacroLan core router connections and measured from 00:00:00 to 23:59:59 each day over a period of 3 (three) months. Any reduction of subscription fees may only be claimed as a credit against future subscription fees. Applicable reductions are as follows:
99.7- 100% connectivity - no reduction
99.5% - 99.699% connectivity - 2.5 % reduction
99.0% - 94.499% connectivity - 5.0 % reduction
98.0% - 98.999% connectivity - 10.0 % reduction
97.0% - 97.999% connectivity - 15.0 % reduction
96.0% - 96.999% connectivity - 20.0 % reduction
95.0% - 95.999% connectivity - 30.0% reduction
Should a client wish to claim any reduction of subscription fees, the client must, within 30 (thirty) days from the end of any 3 (three) months measurement period, notify MacroLan in writing of the reduction claimed, the dates of the measurement period and the dates, times and duration of non-availability of service.
13. PROVISION OF OFF SITE BACK UP SOLUTION
13.1 Should the data volume stored on the shared storage platform exceed the maximum volume purchased, then an additional charge will apply, per month, based on the prevailing per - gigabyte storage - space cost. The monthly charge for additional GB’s backed up beyond the initial per GB threshold, is charged on a sliding scale available on request.
13.2 Unless otherwise agreed, it remains the client’s responsibility to ensure that the rented backup software application is functioning correctly.
13.3 On termination of the backup software rental period, the client shall forthwith return the rented software to MacroLan failing which MacroLan shall assume that the client wishes to rent the software for a further contract period and invoice accordingly.
14. PROVISION OF DOMAIN REGISTRATION AND HOSTING
14.1 Domain registration and hosting is for a minimum period of 12 months.
14.2 The client accepts that if MacroLan is providing domain registration and hosting services (DNS) (where MacroLan’s systems are recognized as the authoritative source for DNS entries in the client’s domain or domains), that MacroLan is not obligated to ensure that (a) the DNS system is correctly configured, (b) the client’s DNS entries will be properly resolved, (c) MacroLan’s DNS systems will be continuously available on an uninterrupted basis. The client further acknowledges that it is the client’s responsibility to test MacroLan’s implementation of the client’s DNS hosting and to notify MacroLan of any misconfiguration or error in the implementation.
14.3 A client will provide any requested additions or changes to the client’s domain’s DNS Host, MX, Alias, or other records to MacroLan via email to dns-admin@macrolan.co.za,. Should an unreasonable number of changes or entries be requested by the client (to be determined by MacroLan in its sole and unfettered discretion), MacroLan shall charge the client fees for the time take to undertake the requested changes. Such changes and updates to DNS records can take up to 48hours to propagate.
15. PROVISION OF DIAL UP CONNECTIVITY
15.1 Dial up connections contracted through MacroLan will be utilized via the client’s Telkom phone line. MacroLan will provide the client with a username and password to obtain internet connectivity.
16. PROVISION OF POP3 MAILBOXES AND MAIL SPOOLING
16.1 A client can choose whether the domain name for a MacroLan hosted Pop3 Mailbox is created @macrolan.co.za or @ the client’s domain address.
16.2 MacroLan restricts the size of an individual mail sent or received to 15Mb per mail.
16.3 The number of recipients on a client’s mailing list may not exceed 25.
16.4 MacroLan reserves the right to reclaim a client’s mail address during the course of a client’s subscription should MacroLan, in its sole and unfettered discretion, deem necessary.
16.5 Upon cancellation of a client’s subscription, a client will loose and MacroLan will re-claim the client’s username and mail address. MacroLan may re-issue the client’s username and mail address to a new subscriber 30 days after termination of the client’s MacroLan subscription. It is the client’s responsibility to inform their contacts so that their contacts do not inadvertently send mail intended for the client to the new subscriber.
16.6 The monthly fee for Pop3 Mailboxes and mail spooling covers virus and spam protection for an unlimited number of mail boxes.
16.7 Unless otherwise agreed, MacroLan shall not be responsible for the support or configuration of the client’s mail server or software.
16.8 The client undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as an open relay and MacroLan reserves the right to suspend or terminate mail spooling services if relaying occurs, until such time as the client has taken steps to prevent same.
17. PROVISION OF ADSL CONNECTIVITY
17.1 MacroLan offers ADSL line rental and connectivity services. The client will need to contract Telkom directly or indirectly via MacroLan to install the ADSL line. Should MacroLan arrange for the installation of such line, MacroLan will follow up with Telkom when faults are experienced on the line and terminal adapter. MacroLan will provide a single invoice incorporating both ADSL line rental and usage for a client on a monthly basis.
17.2 Clients acknowledge that MacroLan uses Telkom’s network to provide ADSL connectivity. ADSL is therefore provided subject to the limitations and terms imposed by Telkom upon MacroLan which includes limitations on bandwidth and / or the amount of data / email that may be sent during a given period of time. Should Telkom amend any of the said terms and conditions which may have an impact on ADSL, then MacroLan may amend ADSL accordingly, provided that MacroLan uses its reasonable endeavors to provide clients with reasonable notice of such amendments.
17.3 An ADSL line and an ADSL terminal adapter / router / modem is required to enable MacroLan to supply ADSL connectivity services.
17.4 Client’s usage and access to ADSL services will be automatically suspended should the client exceed contracted usage limits. It is the client’s responsibility to ensure that ADSL usage does not exceed usage limits. Should a client require additional bandwidth, a top up facility is accessible through MacroLan’s website on www.macrolan.co.za. MacroLan shall notify clients when they reach 75% and again at 90% of purchased bandwidth usage.
18. PROVISION OF DIGITAL LINES
18.1 Clients shall at all times comply with all terms and conditions and / or limitations imposed by Telkom on the client’s digital lines for the duration of the contract.
18.2 MacroLan will contact Telkom should there be a fault on the client’s digital lines.
18.3 The client accepts that IP allocation addresses from MacroLan are non-portable and are on loan for the duration of the period that the client is connected via MacroLan’s digital line service. On termination of the service for any reason whatsoever, the client shall return all IP addresses to MacroLan and such addresses will become available for reallocation.
19. PROVISION OF WEBSITE HOSTING
19.1 The client shall only be entitled to host one website per Website Hosting Service.
19.2 The client acknowledges and agrees that should the client reach the allocated hosting space limit, the client will not be able to upload any file to the client’s website prior to purchasing additional hosting space or upgrading to another Website hosting package.
19.3 The maximum traffic allocation to the client’s website is specified in the contract. The client acknowledges that any traffic in excess thereof will be subject to additional subscription fees.
19.4 MacroLan undertakes to use reasonable endeavours to ensure that the client’s hosting space is secure to prevent unauthorized access.
19.5 MacroLan shall, if required by the client, provide the client with weekly or monthly website log files (limited only to traffic usage statistics), relating to the client’s website , which website log files will be available to the client at the location directed by MacroLan from time to time. MacroLan does not guarantee that the website log files will be up-to-date, correct and/or error free.
19.6 The client acknowledges that MacroLan shall only be obliged to keep the website log files relating to the client’s website for a period of 3 consecutive months.
19.7 The client acknowledges that Website Hosting does not include the development, maintenance and/or FTP or uploading of the client’s website in any way whatsoever.
19.8 It shall be the client’s sole responsibility to undertake back-ups of the content/data hosted in the client’s website.
20. PROVISION OF SERVER HOSTING:
20.2 An IP address will be allocated per server. Further addresses will only be provided with suitable technical justification.
20.3 The client shall provide written or real -time instruction for shut -down and rebooting the system hardware and on - site technical support functions. Requests for server reboots must be emailed to support@macrolan.co.za. MacroLan is not responsible for lost revenue or service unavailability due to delay or problems in repairing equipment or returning the system to full operational status.
20.4 MacroLan is not responsible for failure of the equipment to reboot even if the equipment is not found to be defective.
20.5 All servers will be located in MacroLan’s contracted Data Centre facilities.
20.6 MacroLan shall grant the client access to the client’s hosted server either via remote access of via on site access on receiving a written request to support@macrolan.co.za specifying the date and time of the required access.
20.7 MacroLan provides 2 alternate server hosting services: Co- location hosting and managed hosting.
Co-location Hosting
20.7.1 MacroLan hosts the client’s server in MacroLan’s contracted Data Centre facilities.
20.7.2 It is the client’s responsibility to manage, maintain and support the client’s server.
20.7.3 MacroLan shall be responsible for the installation of the client’s server, which installation shall include:
- allocation of dedicated rack space for the server;
- allocation of an IP address for the server;
- provision of Internet bandwidth; and
- configuration of a private VLAN
20.7.4 It is the client’s responsibility to maintain regular backups of the client’s server. If required, MacroLan will provide a backup storage location for the client to backup data to.
20.7.5 The server is owned by the client and it is the responsibility of the client to insure the server.
20.7.6 MacroLan will not be held responsible for any loss of warranty on the client’s server for any reason whatsoever. The client acknowledges that MacroLan may need to relocate the server within the server racks and perform maintenance on the server from time to time.
20.7.7 Should the client require, the client may contract MacroLan to manage the server under a maintenance and support contract.
Managed Hosting
20.7.8 MacroLan rents a server to the client and hosts the server in MacroLan’s contracted Data Centre facilities. Server hardware rental is customized to meet a client’s application requirements. Server software rental includes Windows server operating systems and MS SQL software, including licenses for the application used.
20.7.9 MacroLan manages the server and maintains and supports the server operating system. MacroLan does not provide any application layer software support for the rented server.
20.7.10 The client is provided with an IP address, back up services and traffic graphs.
20.7.11 MacroLan shall be responsible for the installation of the client’s server, which installation shall include:
- installation and configuration of the server in accordance with client requirements. The client will supply MacroLan with all necessary information required to configure the server;
- allocation of dedicated rack space for the server;
- allocation of an IP address for the server;
- provision of Internet bandwidth; and
- configuration of a private VLAN
20.7.12 Unless otherwise agreed, requests for software upgrades and/or the installation of new software packages will be processed as soon as possible. Target time to complete such requests is within 2 workings days of receipt of the request in writing.
21. PROVISION OF HOSTED EXCHANGE
21.1 The hosted exchange system is continually backed up by means of the MacroLan centralized backup system. Full open file backups of the exchange mail stores are performed daily and the retention period of backups is one week.
21.2 Additional users can be provisioned during the term of the contract. Subscription fees will be adjusted accordingly.
21.3 Unless agreed otherwise, hosted exchange prices do not include dial - up access or internet access.
21.4 Storage is calculated as the sum of the allocated storage space across all users and per GB or part thereof.
22. PROVISION OF EMAIL VIRUS AND SPAM PROTECTION
22.1 Email spam protection means filtering spam from the client’s incoming email using email spam software.
22.2 Email virus protection means providing protection against viruses from the client’s incoming email using email virus protection software.
22.3 The client authorizes MacroLan to access and process the client’s email and information to the extent necessary for the proper functioning of the email virus protection and email spam protection software; and in order to provide support, maintenance and reports on the operation of and changes to the email virus protection and email spam protection.
22.4 Software is inherently complex and may not be completely free of errors and because of the nature of the internet, email and viruses, the client accepts that email virus protection and email spam protection software may not always provide the desired outcome.
22.5 Email virus protection comprises the use of the email virus software to scan the client’s incoming email for viruses and to delete any that contain viruses. At the discretion of MacroLan, in some cases a virus may be removed, in others, the affected email and/or attachment may be deleted completely.
22.6 MacroLan does not warrant that it will identify or provide protection against all viruses
22.7 Some email and attachments (infected by viruses or not) may be delayed or permanently lost.
22.8 MacroLan does not monitor or provide any protection in respect of outgoing mail from the client, nor in respect of viruses which may be introduced by other means (for example from floppy discs or from the internet).
22.9 Spamming is forbidden. “Spamming” includes, without limitation, the transmission of unsolicited communications through the MacroLan email, instant messaging, SMS, chat rooms, discussion boards and similar facilities used for the purposes of communication with other persons, creating false accounts for the purpose of sending Spam, sending unauthorized email via open third party servers, sending emails to users who requested to be removed from the emailing list or exchanging the email address of any person without that person’s consent. MacroLan reserves the right to suspend or terminate the services should a client breach this policy and reserves the right to hold the client liable for any costs incurred by MacroLan, both monetary and in reputation.
EQUIPTMENT RENTALS
23.1 Equipment shall be rented by MacroLan to the client for a fixed contract period. The contract fee will carry a fixed annual escalation rate. After the expiry of the initial contract period, the contract shall automatically renew indefinitely for successive periods of 12 months, at an escalation rate to be advised, until terminated at the end of a contract period by either party providing 30-days prior written notice of termination.
23.2 Any equipment damaged by the client during the rental period must be immediately replaced by the client at the client’s cost.
23.3 Equipment rented by MacroLan to the client remains the property of MacroLan both during and after the rental period, unless the client elects to purchase the equipment outright when the rental term has elapsed.
23.4 On termination of the rental period, the client shall forthwith return the rented equipment to MacroLan failing which MacroLan shall assume that the client wishes to rent the equipment for a further contract period and invoice accordingly. Returned equipment must be in the same condition as it was at the commencement of the rental contact, fair wear and tear accepted, failing which the client shall be responsible for the replacement of the equipment at the clients cost.
23.5 If the rented equipment is located at MacroLan’s offices or within MacroLan’s contracted Data Centre facilities during the rental period, MacroLan will insure the equipment. If the rented equipment is located off site at the client’s offices during the rental period, the client will insure the equipment and the client will be liable to replace the equipment if lost, stolen or damaged.
23.6 The repairs and replacement of all non-warranty spare parts and consumable products are not included in the monthly rental fee.
23.7 MacroLan technicians will maintain and support all rented hardware and rectify faults as and when they occur.
23.8 If at any time during the contract period the client upgrades the rented equipment, the client will need to renegotiate contract rental terms and fees with MacroLan.
23.9 The client shall at all times operate and maintain the rented equipment in accordance with MacroLan’s instructions and the client shall permit MacroLan to have access to the rented equipment at all reasonable times to inspect the state and condition thereof. In the event of breakdown or malfunction of the rented equipment on account of mismanagement of the equipment by the client, the client shall at its own cost be responsible for the equipment repairs.
PROVISION OF ON SITE STAFF
24.1 MacroLan will contract on site IT technicians to assist with the day to day running of the client’s network and computer systems.
24.2 The provision of on site staff shall be for a fixed contract period. The contract fee will carry a fixed annual escalation rate. After the expiry of the initial contract period, the contract shall automatically renew indefinitely for successive periods of 12 months, at an escalation rate to be advised, until terminated at the end of a contract period by either party providing 30-days prior written notice of termination.
24.3 The on site technicians will work weekdays between 8h30 - 17h00, with a lunch break of 1 hour per day. Should the technicians be required to work outside normal office hours, MacroLan will charge the client additional fees per hour of overtime worked. This fee shall be reviewed annually. Technicians are entitled to 15 days annual leave. MacroLan will select and provide a replacement technician to the client when a technician is away on leave. No two technicians may concurrently take leave. Leave applications must be authorized by both the client and MacroLan. If two or more technicians do not attend work for any reason, MacroLan will provide a replacement technician until such time as one of the dedicated technicians returns to site. MacroLan shall administer the technicians in accordance with the terms and conditions of the Basic Conditions of Employment Act, 1997 as amended.
24.4 MacroLan may, in consultation and with the consent of the client, be entitled to replace on site technicians.
MAINTENANCE AND SUPPORT CONTRACTS
25.1 Maintenance and support contracts shall be for a fixed contract period. The contract fee will carry a fixed annual escalation rate. After the expiry of the initial contract period, the contract shall automatically renew indefinitely for successive periods of 12 months, at an escalation rate to be advised, until terminated at the end of a contract period by either party providing 30-days prior written notice of termination.
25.2 Maintenance and support contracts exclude the following:
- The cost of all non-warranty spare parts, consumable products including but not limited to keyboards, mice, monitor tubes, toner cartridges, printer drums and fuser units and all other like consumable products.
- Any moves of the hardware or cabling or equipment from the site to an alternative site. Any additions of equipment, changes or upgrades to the current IT infrastructure and any labour required to comprehensively install / upgrade the additional equipment. Such moves, additions and changes to the existing IT infrastructure will be for the clients account. A quotation will be supplied for client written approval before such work commences.
- Electrical and communication cable work and third party products, external to the hardware, which are not supplied nor installed by MacroLan.
- Services as a result of damage due to power fluctuation, surges, peaks, troughs, black outs etc, or lighting strikes.
25.3 There shall be no obligation on MacroLan to carry out any of its obligations in terms of the maintenance and support contract upon the occurrence of any breakdown of the hardware and/or the software caused by neglect, serious fault or willful misconduct of the client or its staff, or the client’s endeavors to make repairs, alterations or removals of the hardware and / or the software.
25.4 Contract fees relate to work being undertaken during normal working hours. Standard overtime rates will apply if work is requested to be undertaken out of normal office hours.
25.5 Contract fees are calculated in accordance with equipment covered and services required. Should a client require additional pieces of equipment or services to be included within the maintenance and support contract, the contract fee will be adjusted accordingly.