TERMS OF SERVICE FOR Skype for Business (Updated 05/16/2018):
This Service is subject to and governed by Customer’s separate signed customer services agreement with Green IT Consulting, LLC (GITC). This Agreement is entered into between you as the CUSTOMER and CTS for the provision of GITC’ Microsoft Skype for Business Service. This Service is available for Customers of GITC’ Shared Services Email (SSE) service and who have purchased the appropriate level of CALS and have licenses for Microsoft Skype for Business software.
A. Service Description-
Skype for Business (previously Lync Collaboration Service) is an enterprise realtime communications service providing the infrastructure for enterprise instant messaging, presence and structured conferences (audio, video, and web conferencing).
Microsoft Skype for provides service support 24×7 including holidays. The system(s) defined in this Service Level Agreement will be available 24×7 with the exception of scheduled maintenance as defined by Microsoft.
- Skype for Business (requires Customer purchase Microsoft Client Access License [CAL]) include:
- Instant messaging (sometimes called “chat”)
- Presence awareness
- Web conferencing
- Video conference participation
- Application and desktop sharing
- Mobility (Skype for Business on smart phones and tablets
D. GITC Responsibilities-
GITC provides Tier 1 Support Center Support 24x7x365 to our customers under support agreement only.
GITC provides Tier 2 Technical Support Monday through Friday 8 AM to 5 PM and on call support after hours. Customers will be billed hourly for any support services.
E. Customer Responsibilities
Data Backup: Customers are responsible for following the documented steps in the Skype for Business Customer Readiness Document available from Microsoft.
Data Backup: Customer shall be responsible to complete a backup of all existing data and programs on all affected systems. GITC WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS or loss of use of system(s) arising out of this Service or related support activities.
Appropriate Use: Customer shall assure its users do not:
Use functionality it is not licensed to use;
Use the online service in a way that is prohibited by any law, regulation or governmental order or decree in any relevant jurisdiction, or that violates others’ legal rights;
Use the online service in a way that could harm it or impair anyone else’s use of it;
Use the online service to try to gain unauthorized access to any service, data, account or network by any means;
Falsify any protocol or email header information (e.g., “spoofing”);
Use the online service to send “spam” (i.e., unsolicited bulk or commercial messages) or otherwise make available any offering designed to violate these terms (e.g., denial of service attacks, etc.); or Remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the online service.
Microsoft CAL’s are the responsibility of the customer.
The Customer is responsible for the following support activities:
Management and response to litigation and public disclosure requests, legal holds, and search of Customer records stored on the Symantec Enterprise Vault;
Product training pertaining to use of products and services in the Skype for Business environment;
F. Special Terms
Recording Notice: Recording Notice. The laws of some jurisdictions require notice to or the consent of individuals prior to intercepting, monitoring and/or recording their communications and/or restrict collection, storage, and use of personally identifiable information. You agree to comply with all applicable laws and to obtain all necessary consents and make all necessary disclosures before using the online service and/or the recording feature(s). You additionally agree to the Supplemental Recording Terms set forth below.
Microsoft Licensing Compliance: Customer shall use the Microsoft licenses/Client Access Licenses pursuant to the applicable terms, product use rights, license, and other documentation between Microsoft and the Customer. Customer warrants that its use of the Service does not violate any applicable third party contract or license.
Procuring Microsoft Licensing: Customer is responsible to determine the necessary Microsoft Licenses and CALs needed to access this service. GITC shall not be liable for any Customer violation of the Microsoft End User Licensing Agreement.
Consent for Data Transfer through Internet based Services: The Data Transfer Notices at http://microsoft.com/licensing/contracts identifies software features that connect to Microsoft or service provider computer systems over the Internet. They also identify the products in which they are found. Some features appear in more than one product. In some cases, you will not receive a separate notice when one of these features connects. You may switch off these features or not use them. By using these features, you consent to the transmission of this information. Microsoft asserts it does not use the information to identify or contact you.
Release: Customer agrees to assume full responsibility for the content of all programming it transmits, broadcasts or records using GITC staff, equipment or facilities.
Access to Software: Customer understands that GITC licenses software from third party providers for the purpose of providing services to its customers. Customer may access such software as part of the services provided to the Customer hereunder. Customer agrees that it will not, nor will it allow its agents, employees or its authorized third parties to decompile, disassemble, reverse engineer or otherwise access the source code of any software provided by GITC whether the software is owned by GITC or licensed by GITC from a third party provider.
Indemnification: To the extent allowed by law, you agree to indemnify, defend and hold harmless GITC from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity.
Warranties: Skype for Business warranties and limitation of liability provisions are located in the Microsoft Agreement you are subscribed to. No additional warranties are provided.
G. Supplemental Terms Applicable to Skype for Business Recording Functions
The following terms are embedded in the meeting invitation and provided at the legal URL through the service.
IMPORTANT READ CAREFULLY: YOUR USE OF THIS SKYPE FOR BUSINESS (THE “SERVICES”) IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS. BY CLICKING THE “I AGREE” BUTTON OR BY UTILIZING THE SKYPE FOR BUSINESS SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
The Host is responsible for following all applicable laws associated with its choice to deploy the optional recording function, including obtaining any necessary consents or clearances.
Even if the Host does not elect to deploy the optional recording function, GITC does not control the ability of other people on the call to record the session or communicated content.
You agree to comply fully with all applicable laws, policies, ordinances, rules, and regulations with respect to its choice to deploy and use the optional recording function, including laws governing privacy, publicity, and intellectual property.
You acknowledge that privacy laws applicable to Skype for Business recording function may include but are not limited to RCW 9.70.030, which criminalizes recording of private conversations without consent and also creates a private cause of action for violation of its provisions.
Responsibility for Content of Communication: You agree that you are solely responsible for the content of all visual, written or audible communications sent by you or in Skype for Business meetings hosted by you.
Use: Access to this system is restricted to authorized users only and limited to approved business purposes. By using this system you expressly consent to the monitoring of all activities. Any unauthorized access or use of this system is prohibited and could be subject to criminal and civil penalties. All records, reports, e-mail, software and other data generated by or residing upon this system are the property of Green IT Consulting, LLC and may be used by GITC for any purpose.
You are responsible for maintaining the confidentiality of your account and password; and for restricting access to your computer; and you agree to accept responsibility for all activities that occur under your account or password.
Records Retention: You are responsible for following all applicable Records Retention laws applicable to your content of communication. GITC does not retain a copy of these materials as the materials are transitory in nature.
Proprietary Rights: You will not remove, deface or obscure any of GITC or Microsoft’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
For Optional Desktop Sharing Function
Desktop collaboration is a useful technology that enables effective interaction and communication between dispersed participants. Care should be taken in the organizations choice to utilize the technology. Remote control functionality in Skype for Business will not be enabled for external users and Agencies will have the ability to disable it if needed. GITC recommends that organizations using collaboration software consult its assigned legal department for any legal advice.
The following terms establish the Agency’s responsibilities associated with its choice to deploy this function:
Your Organization represents that its use of the Skype for Business desktop control feature is allowable under the organization’s Security Policy.
Your Organization will consider the content of its video conferences and determine whether use of the optional desktop sharing function is proper for that content. By way of example only, Organizations may risk unauthorized exposure of information and material listed or sent, on or through the Skype for Business system, to other users, the general public or other entities for which the information and material was not intended by your Organization. Your Organization acknowledges that Skype for Business is not appropriate for content sensitive conferences because of the risk of unintended dissemination of materials.
Your Organization is responsible for complying with applicable records retention requirements. All public records, including electronic records, are subject to state laws governing public disclosure, preservation, retention, destruction, and transfer to the GITC Archives.