Hosted Skype for Business at Rackspace Services Terms and
Hosted Skype for Business at Rackspace Services Terms and Conditions In addition to the other terms of the Agreement, your use of Hosted Skype for Business Services is subject to the following additional terms and conditions: 1. Additional Defined Terms Some words used in these Hosted Skype for Business Services Terms and Conditions have particular meanings: “Hosted Skype for Business Services” means the provision of multi-tenant Microsoft Hosted Lync unified communications platform as part of your Hosted System, as further described in your Services Description. “Seats” means number of Skype for Business users enabled for your Hosted Skype for Business Services. “Support” means availability of live support twenty four hours per day, seven days per week, year round. 2. Support 2.1 Rackspace shall provide Support to Standard Plan Customers for the following features of Hosted Skype for Business Services: SSL encrypted instant messaging: the ability to transfer text messages in real time over an Internet Protocol (IP) network peer to peer video chat: one-to-one computer-based audio and video calls to other Skype for Business users SSL encrypted file transfer: PC-to-PC file transfer capability that permits users to transfer files as part of a Skype for Business session presence: the ability to detect another user’s availability 2.2 In addition to the features listed under Section 2.1, Rackspace shall provide Support to Enterprise Plan Customers for the following features of Hosted Skype for Business Services: content sharing: PC-to-PC and multiparty data desktop sharing, application sharing, virtual whiteboard sharing, and polling multiparty audio conferencing and video chat: to other Skype for Business users (might not be available in certain countries due to regulatory restrictions) meeting creation from Outlook: plug-in that provides users with single-click scheduling (requires Microsoft Outlook 2010 or above) Skype for Business federation to external Skype for Business: Allows users to communicate with Skype for Business users outside their Skype for Business domain with a federated Skype for Business domain. (as long as the two Skype for Business domains are correctly configured, supported, and permitted for federation federation with Skype, upon Customer request via ticket: allows text-based IM conversations, presence, and peer-to-peer audio between Skype users and Skype for Business Online users on an AS IS basis 2.3 Support is limited to the following aspects of Hosted Skype for Business Services: installation of a Microsoft published Hosted Skype for Business client on your Hosted System; initial provisioning of Hosted Skype for Business Services; and issues with the basic functionality of Hosted Skype for Business Services. 2.4 Support excludes any issue caused by technology not included in your Hosted System or any issue related to technology outside Rackspace’s reasonable control such as mobile device quality, mobile carrier service failures, or the quality of internet connections. 3. Infrastructure Requirements Rackspace’s obligation to provide Support is contingent on Customer meeting the following minimum system requirements (“Minimum System Requirements”): Hosted System must meet the recommended minimum requirements outlined by Microsoft at: http://technet.microsoft.com/en-us/library/jj688134.aspx; Hosted System must include at least the minimum bandwidth recommended at: http://www.rackspace.com/knowledge_center/article/hosted-microsoft-lync-bandwithrequirements; Hosted System firewall must be configured to allow Skype for Business traffic; and mobile features available with Hosted Skype for Business Services require that mobile users maintain a data plan with a mobile carrier. 4. Service Level Guarantee 4.1 Availability. We guaranty that your Hosted Skype for Business Services will be available 100% of the time in a given calendar month, excluding Downtime due to Maintenance. 4.2 Downtime. Hosted Skype for Business Services “Downtime” means any period of time when users of the Hosted Skype for Business Services are unable to conduct instant messaging with other users within the same domain. Downtime is measured from the time a Support ticket is submitted to Rackspace until availability of the feature is restored. This Service Level Guarantee does not apply to Downtime that results from a failure outside of Rackspace’s reasonable control, such as your connection to the Internet, your computer, your mobile device, or your systems. You are not eligible for the Service Level Guarantee if Downtime would not have occurred but for your failure to meet the Minimum System Requirements listed in Section 3 above. 4.3 Maintenance. For the purposes of this Service Level Guarantee, Maintenance shall mean: 1. Rackspace maintenance windows - modification or repairs to shared infrastructure that we have provided notice of on our system status page at http://status.apps.rackspace.com; or 2. Emergency maintenance – critical unforeseen maintenance needed for the security or performance of your configuration or Rackspace’s network. 4.4 Credits. In the event of Downtime (excluding Downtime due to Maintenance), you are eligible for a credit as follows: a. if the Downtime continues for five (5) consecutive hours or more, you may request a credit equal to the monthly recurring fee for the affected Hosted Skype for Business Services multiplied by the percentage of your Seats affected (the "Maximum Credit"), up to 100% of the monthly recurring fee for the affected Hosted Skype for Business Services for any calendar month; or b. if the Downtime continues for less than five (5) consecutive hours, then you may request a prorated portion of the Maximum Credit equal to the number of minutes of downtime divided by 300 minutes (five (5) hours), up to 100% of the monthly recurring fee for the affected Hosted Skype for Business Services for any calendar month. You must request a credit through your control panel within seven (7) days following the end of Downtime. Your request must describe the Downtime, including the specific Services affected, the start and end time of the Downtime, a percentage or list of Seats affected, and specifically how your use of the Hosted Skype for Business Services was adversely affected by the Downtime. 4.5 Limitations. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have cured the breach. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the Agreement or misuse of your Hosted System. 5. Hosted Skype for Business Mobile Clients Use of any mobile wireless component of your Hosted Skype for Business Services is subject to the following additional terms: 5.1 You acknowledge that Rackspace does not have expertise or specialized training with respect to the mobile wireless components, and agree that Rackspace's support obligation with respect to these components is limited to such efforts as may be reasonably expected of technicians having generalized knowledge and training in information technology systems. 5.2 The mobile wireless components of the Hosted Skype for Business Services contain "strong encryption" that is controlled for export by U.S. laws and the laws of other countries. 5.3 Use of certain mobile features in connection with a mobile wireless device may result in data usage charges billed from the wireless service provider to the mobile device user. Mobile device users are solely responsible for any fees, including data usage fees that may be billed by the wireless service provider. 5.4 Rackspace does not provide or distribute mobile clients for Hosted Skype for Business Services. Rackspace Support for mobile clients is limited to those clients published by Microsoft. 6. Third Party Functionality Rackspace may be able to assist with the installation or code deployment of certain third party applications used with Hosted Skype for Business Services, however, such assistance is considered an Unsupported service as described in the applicable Product Terms and Conditions. Rackspace will not attempt to troubleshoot or resolve any issues related to third party applications. 7. Usage Data We may collect and store information related to your use of Hosted Skype for Business Services, such as the frequency of use of instant messaging features, file transfer usage, and other statistical information about Skype for Business features used with the Services. 8. Automated Use Hosted Skype for Business Services is not designed to be used with automation tools, such as automated distribution or receipt of messages from web servers. You may not use any automation tool that interrupts Rackspace services or otherwise affects Rackspace’s shared resources. Support will not be provided for any issues involving your use of automation tools. 9. Software License Notice . 10. Country Specific Terms (Services provided from Australia) - Australia Consumer Law If you have purchased Hosted Skype for Business Services that will be provided in whole or in part from data centers or other Rackspace facilities located in Australia, then this term shall also form part of this Agreement. For the purposes of this clause, "Australia Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth); "Non-excludable Rights" means a condition, warranty, right or guarantee implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from the Agreement would cause part or all of the Agreement to be void. Where Non-Excludable rights apply under Australia Consumer Law, Rackspace’s goods come with guarantees that cannot be excluded by Australia Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. Any reference to a consumer price index means the All Groups Consumer Price Index as published by the Australian Bureau of Statistics. Source URL: http://www.rackspace.com/information/legal/hosted-skype-for- business-terms HOSTED SKYPE FOR BUSINESS IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE (VIDEO STANDARDS) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 OR MPEG 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.mpegla.com/index1.cfm © 2015 Rackspace, US Inc. — Global Terms — Revised Friday, March 06, 2015
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