“You” means the Customer.
Terms defined in the Master Services Agreement have the same meaning in this document unless otherwise defined.
We believe in providing value to our clients in the products and services we provide. From time to time services are provided with limits. To better clarify the lines between what is included and what is excluded, we have provided this document, the Fair Use Policy.
The purpose of this document is to provide a description of the fair use of the products, services, and facilities delivered by Rightsize. In accepting and consuming our Services, you agree to the fair usage of the Services and are responsible for costs associated with exceeding any fair usage terms outlined within this document.
This document is intended to outline the fair and reasonable use of products, services and facilities provided to the Customer by Rightsize. If any statement in this document conflicts with the Master Services Agreement (MSA or “your contract”), or any other contract between the Customer and Rightsize, then that contract shall prevail over this policy to the extent of the inconsistency.
This document specifies the scope and schedule of the Services delivered to the customer. Where other documents are referenced (in bold), those documents complete the scope description for the specific Services or facilities which they describe.
Important: Any items not explicitly covered within this document are considered out-of-scope.
Onboarding of devices is out of scope. Onboarding means all work required to include a device in your contract, such as:
- installing required agents and applications
- asset tracking and evidencing (i.e. placing and scanning stickers)
- updating network diagrams to include the new item
- assigning/recording asset IDs.
Onboarding is out of scope for both:
- New devices you acquire and request be added to your contract
- Existing devices you request to add to an ongoing contract
DECOMMISSIONING AND ARCHIVING OF USER DATA
Decommissioning devices is out of scope.
You must give reasonable notice if there are any specific media destruction requirements, or additional data requirements.
Where Rightsize is engaged to procure Equipment for you on your behalf, you will be charged a procurement fee which is 10% of the transaction cost.
Moving users between different premises (buildings) is out of scope.
Setting up and configuring email (on a single mobile device per person) is included in ITDaaS. All other Services to maintain mobile services (including plans and mobile devices) is out of scope for ITDaaS.
Specifically, the following are out of scope:
- Procuring mobile devices
- Assigning mobile devices
- Asset tracking of mobile devices
- Life cycle management of mobile devices
- Account management for mobile devices and plans
Any support required to maintain traditional fixed-line telephone (POTS) services or devices is out of scope for ITDaaS. Note that Rightsize may supply Voice over Internet Protocol (VoIP) devices and services. While the supplied VOIP service is supported as part of ITDaaS, connected desk phones are out of scope.
ITDaaS includes support for software on the Approved Software List only.
Other software is supported at Rightsize’s sole discretion, provided there is a current support agreement between you and the software vendor.
Software releases earlier than the latest version are supported at Rightsize’s sole discretion. Software releases no longer supported by the software vendor are out of scope for ITDaaS.
You will take reasonable steps to resolve any issue before calling the Rightsize helpdesk (for example, check devices are switched on, and plugged in).
Please refer to the Service Brief for times of day the helpdesk can be contacted, and the agreed response times which apply, based on the customer’s service level.
The following are in scope for helpdesk support:
- Email Client (Outlook /Windows Mail/ Mac Mail).
- Microsoft Office Suite.
- Office 365 or Microsoft Exchange
- Other software applications on the Approved Software List
- Workstation/Laptop Support.
- Workstation/Laptop O/S Support (Microsoft & MAC)
- Printing / Network connectivity Support
- Wi-Fi Customer setup
- Software/application-related incidents on Microsoft or Mac system
- Printer-related problems such as mapping, drivers and connectivity
- Incidents related to network connectivity
- Server based Password resets (Documentation, access, and approval process)
- Spyware, malware or virus removal from PCs (Single PC’s only as reported by a user)
- Multiple escalation paths dependent on impact and severity.
- Changes to multiple machines that can be accomplished in a single task. E.g. updates to global profiles.
- Other reasonable service requests may be deemed in scope at Rightsize’s sole discretion, but should be assumed to be out of scope unless separately negotiated.
Rightsize may, at our sole discretion, give notice that a persistently failing device is out of scope (for example where repeated call-outs have failed to fix a recurring issue).
WARRANTY AND LIFECYCLE
You are responsible for replacing devices on a reasonable lifecycle. Here, reasonable is defined as when (or before) a device is three years old.
Rightsize expects equipment to be under vendor (or OEM) warranty. Support for out-of-warranty devices is out of scope.
The purpose of this Fair Use Policy is to support the consistent supply of products to all Customers and end users recognising that networks are a shared resource and the activities of one person can detrimentally affect their use by other persons.
You must not, and you must ensure your personnel do not, engage in unfair use.
You must ensure that the contracts you enter into with downstream customers and end users (if applicable) also prohibit them from engaging in unfair use.
Examples of conduct that may constitute unfair use include:
- where the download usage or upload usage exceeds the limit contractually agreed – all excess usage is out of scope for fair use and incurs a charge per MB.
- use of Rightsize networks in a way that causes or may cause interference, disruption, congestion or, more generally, sub-optimal network performance; and
- undertaking (or attempting to undertake) any of the following activities without authorisation:
- disabling, disrupting or interfering with the regular working of any service or network, for example overloading it, denial of service attacks, or flooding a network
- probing, scanning or testing the vulnerability of a system or network without due notice
- breaching the security or authentication measures for a service or network.
- any other use which Rightsize considers, acting reasonably, to be inappropriate or excessive, as notified by Rightsize to customers from time to time.
- connecting any device which Rightsize, acting reasonably, would not expect to be connected as part of carrying on your business
- traffic volumes exceeding (even briefly) the traffic volumes that would reasonably be expected to be handled by a networking device when used for the purpose of carrying on your business
Examples of your responsibilities to ensure fair use include:
- Ensuring limited, reasonable personal use only (for example, checking personal email)
- Developing, and ensuring compliance with this “fair use policy”
- Avoiding any behaviour which might bring Rightsize into disrepute
- Not downloading unlicensed copyrighted material in any form and for any purpose
- Not uploading or download torrent files for any purpose
- Not sending unsolicited bulk emails (spam)
- Not transmitting or storing harmful programs (for example viruses) for any purpose.
Access to Cloud Services assumes reasonable and fair use of the facility on your part. This includes:
- Taking reasonable care to secure passwords (and any other authentication factors).
- Deleting or Archiving email to keep all mailboxes a reasonable size. Here, reasonable is defined as 5GB.
- Not sharing the facility with third parties (without our agreement)
- Not using the facility to transmit or store any material which might breach any law (for example confidential material or material in breach of copyright).
- Taking reasonable care to limit volumes of data stored and transmitted
- Not making non-ordinary or fraudulent use of the services
- Not on-selling the services to third parties (without our agreement)
- Not using the service in a manner that causes unreasonable congestion or adversely impacts other users.
OUT OF SCOPE WORK
ITDaaS services exclude all work not defined as “in scope”. Out of scope work is charged using a combination of your support agreement level, and the role required to perform the work. These costs can be provided on request.
Rightsize can supply rental equipment to assist you to maintain business continuity while your equipment is being repaired / replaced / delivered (refer to our table of Equipment Rental Rates).
Rightsize may waive this rental amount at its sole discretion for up to 7 days.
Installation and configuration of loan equipment is considered out of scope and standard charges apply, unless it is when business critical equipment has failed such as servers, routers, or switches.
All vCIO (virtual Chief Information Officer) services are agreed separately, and are therefore out of scope for ITDaaS.
Virtual CIO is agreed on a fixed amount of hours per month for the following to be provided.
The vCIO is responsible for the technological direction of a company. They propose budgets for programs and projects, purchases and upgrades equipment, supervise computer specialists and IT workers, and preside over IT-related projects and departments.
- Provide technological guidance within an organisation.
- Supervise information system and communications network.
- Design, establish, and maintain an IT infrastructure for local and wide area connectivity and remote access.
- Consult with administration, department managers, and manufacturing representatives to exchange information, present new approaches, and to discuss equipment/system changes.
- Participate in vendor contract negotiations for all new computer equipment and software purchased for the corporation.
- Create a cost-benefit analysis as well as supporting a detailed definition of data requirements and departmental workflows.
- Oversee Internet and computer operations.
- Manage the day-to-day operations of the information technology department including directing the staff who support administrative computing, networking, user services, telecommunications and other information technology functions.
- Assess and anticipate technology projects and recommend appropriate action and resources.
- Establish and direct the strategic and tactical goals, policies, and procedures for the information technology department.
- Propose hardware/software solutions to best accomplish the company’s business objectives.
- Identify user needs and resolve problems.
EXCEEDING TIME REQUIREMENTS
If you exceed the hours provided within a Service, Rightsize may notify you the requirement to increase allocated hours against the monthly contract.
Alternatively unless otherwise agreed excess hours are charged as the rates provided in “out of scope”.
All software development and web development is agreed separately, and is therefore out of scope for ITDaaS.
CHANGES TO THIS POLICY
This policy will be updated from time to time and published on our website. We will use reasonable endeavours to notify Customers when updates are published and changes take effect after the notice period outlined within the Master Services Agreement.