PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
SHAREPOINT
1. DEFINITIONS
1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms.
1.2 Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
1.2.1 “HMC Environment” means the Hosted Messaging and Collaboration environment, which is the environment within which multiple servers forming part of the MWEB’s exchange environment, including the Sharepoint Server, are hosted;
1.2.2 “Shared Space” means the space allocated to Customer within the HMC Environment by MWEB for the hosting of Sharepoint, which space may be increased by Customer from time to time in writing via MWEB’s sales division.
1.2.3 “Sharepoint“ means a browser-based collaboration and document management platform from Microsoft, which is made available to Customer by MWEB via its HMC Environment, in accordance with Customer’s selection, as indicated on the Application Form under such heading or description;
1.2.4 “Sharepoint Server” means the MWEB file server hosted in the HMC Environment, used to supply Sharepoint to Customer, including any software loaded by MWEB on such server that controls basic, low-level server hardware operations and file management, but excludes any software, application and/or component as contemplated in clause 5.20 below;
1.2.5 “Sharepoint Space” means the Sharepoint space allocated to Customer, as per Customer’s selection on the Application Form, within the HMC Environment by MWEB for the hosting of Sharepoint;
1.2.6 “Templates” means a variety of ready-to-use, pre-built solutions for business applications, role-based portals and site look and feel.
2. SERVICE FEES
2.1 Customer shall pay MWEB the Services Fees specified in the Application Form in accordance with the provisions set out in the General Terms.
2.2 MWEB shall bill the Service Fees to the account Customer has with MWEB for Sharepoint Services.
2.3 Customer acknowledges that the following circumstances and events may impact upon its use of Sharepoint and further that these circumstances and/or events are beyond MWEB's control: (i) use of Sharepoint by other customers; (ii) limitations upon national and/or international bandwidth capacity; (iii) telecommunication service operator failures, which includes telecommunication links and line failures; (iv) operating systems; (v) access technology failures; (vi) quality of service of telecommunication links or lines; (vii) any action, omission and/or failure by Customer and/or his/her/its systems, software, network and/or equipment which has an impact on Sharepoint; and (viii) any other action, omission and/or failure not within MWEB’s control which has an impact on Sharepoint.
3. TERMS AND CONDITIONS SPECIFIC TO SHAREPOINT
3.1 MWEB shall provide Customer with Shared Space (more fully described in the Application Form) on the Sharepoint Server.
3.2 MWEB will with effect from the Activation Date create Sharepoint for the Customer on the Sharepoint Server.
3.3 Customer acknowledge and agree that the following is required in order to access and use Sharepoint:
3.3.1 Internet connectivity;
3.3.2 Internet Explorer 6 or higher;
3.3.3 a domain.
3.4 Customer is responsible for ensuring the uptime of his/her/its Internet connectivity in the event that such Internet connectivity is not provided by MWEB, and to address all down time including without limitation the unavailability of Internet connectivity with his/her/its Internet services provider.
3.5 Sharepoint was designed and is recommended to work on Internet Explorer 6 or higher, Customers may therefore not be able to utilise Sharepoint to its full potential on other web browsers.
3.6 Sharepoint is a document suppository application and shall not in any manner whatsoever be used as a file server and/or be deemed to be a file server.
3.7 Customer will only be allowed to upload a file with a maximum size of 1MB at any point in time up to the maximum size of the Sharepoint package purchased.
3.8 It is recommended that your domain be hosted with MWEB to ensure efficient support.
3.9 Sharepoint will be hosted in the HMC Environment situated at MWEB’s data centre situated at Technology House, Greenacres Office Park, Cnr Rustenburg &Victory Roads, Victory Park, 2195 and/or any other place that will be notified to Customer in writing;
3.10 Sharepoint contains a variety of Templates. Although MWEB uses reasonable care and diligence to ensure that these Templates are accurate, complete, correct, error-free, secure, up-to-date and/or reliable, MWEB does not warrant, represent or in any way guarantee, either expressly or by implication that these Templates are accurate, complete, correct, error-free, secure, up-to-date and/or reliable. MWEB furthermore does not warrant, represent or in any way guarantee, either expressly or by implication its fitness for a particular purpose. Customer therefore agrees that the Templates are rendered "as is" and “as available” and is used at the Customer’s own discretion and risk.
3.11 Should Customer reach the allocated Sharepoint Space, Customer will not be able to upload any file to his/her/its Sharepoint. Customer is therefore advised to:
3.11.1 purchase additional space via a sales agent;
3.11.2 upgrade to another Sharepoint package.
3.12 In the event that Customer is able to upload any file after his/her/its allocated Sharepoint Space has been reached, MWEB shall be entitled to charge Customer the additional fee set out in the Application Form for such excess space used.
3.13 Customer may customise and/or develop Sharepoint, subject to limitations that may be imposed by MWEB from time to time. MWEB reserves the right to:
3.13.1 in its own discretion determine which customisations and/or developments may be loaded by Customer on or for Sharepoint;
3.13.2 disallow the installation of any customisations and/or developments required by Customer;
3.13.3 suspend Customer’s Sharepoint and/or access to the Sharepoint without notice to Customer should Customer install any customisations and/or developments which may affect the: (a) security or operation of MWEB’s server and network infrastructure and (b) use and/or access to Sharepoint by MWEB’s other customers.
3.14 Sharepoint is in a shared environment on the MWEB’s HMC Environment.
3.15 MWEB may monitor traffic to Sharepoint and reserves the right to charge Customer for internet traffic on a per meg basis, at a tariff as set out in the Application Form, or addendum thereto, or as determined by MWEB at a later stage.
3.16 Sharepoint is intended to be used as a document-loading site. Customer therefore agrees not to use Sharepoint in contravention of any of MWEB’s Use Policies.
3.17 Customer is solely responsible for all documentation and material, including without limitation, photos, profiles messages, notes, text, information, music, video, advertisements, listings, and other content that Customer posts (which includes uploading, publishing and displaying) or transmits on or through Sharepoint. Customer may not post, transmit or share anything on Sharepoint that Customer did not create or that Customer does not have permission to post.
3.18 MWEB may, but are not obligated to, review Sharepoint and may delete or remove (without notice) contents that, in MWEB’s sole discretion, violates this terms and might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
3.19 Customer is solely responsible at his/her/its sole cost and expense for creating backup copies and replacing any content posted or stored on Sharepoint.
3.20 MWEB undertakes to use reasonable endeavours to ensure that Sharepoint Space is secure to prevent unauthorized access.
3.21 MWEB will in its reasonable discretion, and without being under any obligation to do so, maintain, and/or upgrade the Sharepoint Server, which will include any patches, updates, security updates/patches of whatever nature. Customer herewith authorises MWEB to implement any of the above, as and when it deem fit.
3.22 Any software, application and/or component required and loaded by Customer or loaded on behalf of Customer for Sharepoint will be his/her/its own responsibility and is loaded at his/her/its sole risk and responsibility.
3.23 Notwithstanding the provisions of clause 3.20 above, Customer acknowledges that MWEB will be entitled, but without having any obligation to do so: (i) in its own discretion determine which software, applications and/or components may be loaded by Customer on or for Sharepoint; and (ii) have the right to: (a) disallow the installation of any software, application and/or component required by Customer; (b) suspend Sharepoint and/or access to the Sharepoint without notice to Customer should Customer install any software, application and/or component which may affect the: (a) security, operation of MWEB’s server and network infrastructure; and/or (b) use and/or access to Sharepoint by MWEB’s other customers.
3.24 The licensing of all installed software, application and/or component contemplated in clauses 3.22 and 3.23 shall be the sole responsibility of Customer. Customer indemnifies MWEB from any losses, damages, costs, claims of whatever nature resulting from Customer’s failure to license the software and/or applications correctly and/or at all. MWEB retains the right to carry out routine checks to validate such software license agreements.
3.25 Customer will be solely responsible for all the support, maintenance and/or upgrades of any software, application, and/or component, installed in terms of clause 4.20, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature.
3.26 Sharepoint does not include the development, maintenance or uploading of the Customer’s website in any way whatsoever.
3.27 Customer shall when accessing and/or using Sharepoint: (i) comply with any applicable laws and regulations; and (ii) remain solely responsible for: (a) securing all necessary licenses, consents, and/or permissions for the publication and/or use of the data and/or content or any part thereof, including without limitation all trademarks, logos, names and branding contained therein; (b) ensuring that its use, publication and display of the data and/or content will not infringe any copyright, trademark, patent, trade secret or other proprietary or intellectual property right of any third party or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any third party; (c) the quality and performance of any aspect of Sharepoint, data and/or content thereof; (d) ensuring that Sharepoint, data and/or content thereof remains current, correct and up-to-date; (e) the modification and/or enhancement to Sharepoint, data and/or content thereof; (f) dealing with persons who access Sharepoint, data and/or content and shall not refer any complaints or enquiries relating to thereto to MWEB; and/or (g) ensuring that Sharepoint, data and/or content is and will at all times remain free from computer viruses, worms, Trojan horses and other malicious code.
3.28 MWEB shall not be responsible for Sharepoint, data and/or content displayed, contained and/or published on Sharepoint. Customer furthermore agrees that MWEB has no interest in the contents and/or data hosted in terms of Sharepoint and agrees that nothing that MWEB does in the performance of its obligations in terms of Sharepoint shall be construed as an assumption of responsibility or liability by MWEB for any content and/or data displayed or published on Sharepoint whether or not MWEB had knowledge of such data and/or content or not.
3.29 Customer acknowledges and agree that it may have access to MWEB’s Hosted Exchange and Mailbox services in the HMC Environment and to that extent, Customer agrees to be bound by MWEB Hosted Exchange and Mailbox terms and conditions
___________