In this Contract the following expressions have the following meanings:
1.1 “TheSupportForce” means TheSupportForce Systems Limited, a company registered in England under company number 06312077, and whose registered office is at 31 London Road, Reigate RH2 9SS;
1.2 “TheSupportForce Helpdesk” means the helpdesk made available by TheSupportForce to the Customer pursuant to the provision of Support;
1.3 “Additional Fees” means any fees other than the Monthly Fees that are payable by the Customer to TheSupportForce pursuant to this Contract;
1.4 “Available” means the availability described at Schedule 1 (Service Description and Availability);
1.5 “Customer” means the customer identified in the Service order;
1.6 “Customer Responsibilities” means the Customer’s obligations and responsibilities, as set out at Schedule 1 (Service Description and Availability) and Schedule 2 (Support);
1.7 “Data” means such personal data processed in accordance with Clause 7.1;
1.8 “Data Protection Legislation” means any legislation in force from time to time which implements the European Union Directive entitled ‘Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data’ or the European Union Directive entitled ‘Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector’ or otherwise relates to the use of personal data including the Data Protection Act 1998, and where “data controller”, “personal data”, “processing”, “processed”, and “sensitive personal data” are referred to in the Contract, they shall have the meaning set out in the Data Protection Act 1998;
1.9 “Downtime” means any period in which the Service is not made Available (provided always, and for the avoidance of doubt, that certain Service unavailability is not classified as Downtime – as specified in Schedule 1 (Service Description and Availability));
1.10 “Microsoft” means Microsoft Corporation Inc or any of its affiliates;
1.11 “Microsoft Licence” means the licence terms and conditions in respect of the Microsoft Software, freely available from TheSupportForce's website;
1.12 “Microsoft Software” means Microsoft Outlook or Entourage;
1.13 “Minimum Term” means a minimum term of this Contract, which may be agreed in writing between the parties; in the absence of agreement of such a minimum term, the minimum term shall be deemed to be zero days;
1.14 “Monthly Fees” means the monthly fees payable by the Customer to Active Office in consideration of the provision of the Service and Support, such fees variable from time to time as specified in the order for Services and as enabled by the Service (or as otherwise agreed between the parties);
1.15 “Service” means the ‘OnlineMail’ service set out at Schedule 1 (Service Description and Availability), and references to ‘OnlineMail’ shall be construed as references to the Service; and
1.16 “Support” means the services described at Schedule 2 (Support).
2.1 For the duration of this Contract, TheSupportForce shall:
(i) make the Service Available to the Customer;
(ii) provide Support to the Customer,
subject to the terms of this Contract.
2.2 As part of the Service, TheSupportForce shall deliver to the Customer such number of copies of Microsoft Software as ordered by the Customer.
2.3 TheSupportForce warrants that:
(i) it has the authority to enter into the Contract;
(ii) the Service will be provided using reasonable care and skill in accordance with good industry practice.
2.4 The Customer must not sub-license the use of, or permit third parties to use (whether directly, or as part of a managed service), the Service, Support, and / or the Microsoft Software.
2.5 The Service is standardised and commercially available and has not been developed specifically for the Customer. Therefore, it is the Customer’s responsibility to make reasonable efforts to understand and implement any working practice changes required to make successful use of the Service.
2.6 The Customer acknowledges that the Service is powered by software which, by its very nature cannot be not free of bugs and errors. The purpose of Support is to mitigate the effect of bugs and errors. Support, however, cannot necessarily resolve bugs and errors.
2.7 Time shall not be of the essence of the performance of TheSupportForce’s obligations pursuant to the Contract.
3.1 The Customer must not use the Service in any illegal, immoral, defamatory, obscene, or threatening manner (whether deemed so in any jurisdiction), or for such purposes.
3.2 The Customer must implement technical and organisational processes that are consistent with good industry practice to prevent unauthorised access to the Service made available to the Customer by TheSupportForce.
3.3 The Customer must:
(i) comply with the Microsoft Licence;
(ii) disclose to Microsoft such information as required by Microsoft pursuant to the Microsoft Licence, including its name, address, and number of copies of the Microsoft Software it has ordered, and number of installations and/or instances (provided that if requested by the Customer, TheSupportForce will make such disclosures to Microsoft on the Customer's behalf);
(iii) not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software; and
(iv) not reverse engineer, decompile, or disassemble the Microsoft Software, except to the extent that such activity is expressly permitted by applicable law.
3.4 The Customer must comply with the Customer Responsibilities.
4.1 The Customer shall pay the Monthly Fees monthly in advance by credit card or standing order (as agreed between the parties).
4.2 TheSupportForce shall be entitled to raise an invoice for Additional Fees as and when they fall due.
4.3 The Customer shall pay all invoices within 14 days’ of the date of the invoice.
4.4 The Customer shall update TheSupportForce with any revisions to its payment method to ensure that payment to TheSupportForce does not fail for any reason. In the event that the Customer's payment details are declined by its bank or credit provider, TheSupportForce shall be entitled to charge the Customer an administration fee of £10.00, which the Customer agrees will be added to the Monthly Fees.
4.5 Active Office shall be entitled to charge a fee to post the Microsoft Software to the Customer, if so requested by the Customer. The Customer may alternatively download the Microsoft Software over the internet, free of charge.
4.6 TheSupportForce agrees to pay the licence fees for the Microsoft Software on behalf of the Customer. Such fees are included in the Monthly Fees (payable by the Customer to TheSupportForce).
4.7 The Monthly Fees and Additional Fees are payable in pounds sterling and are exclusive of VAT and any other sales tax or duties, which shall be paid by the Customer at the rate and in the manner prescribed by law.
4.8 The Customer must notify TheSupportForce of any dispute regarding the validity or authorisation of a credit card transaction made in respect of payment of the Monthly Fees and / or Additional Fees within sixty days of the date the Customer credit card was charged in respect of the Monthly Fees and / or Additional Fees.
4.9 If any Monthly Fees and / or Additional Fees are not paid by the due date for payment, then (without prejudice to TheSupportForce's other rights and remedies) Active Office reserves the right to:
(i) charge the Customer an administration fee of £10.00, which the Customer agrees will be added to the Fees; and/or
(ii) charge statutory interest on that sum on a daily compounded basis (before as well as after any judgment) at the then prevailing rate under the Late Payment of Commercial Debts (Interest) Act 1998, and/or
(iii) at TheSupportForce's sole discretion, suspend any or all of the Service and / or Support.
5.1 In the event of Downtime, TheSupportForce shall refund to the Customer the pro rated per minute Monthly Fees payable in respect of the prevailing month’s Service, multiplied by the number of minutes of Downtime during that month, multiplied by fifty, provided that:
(i) no refunds are payable in the event that the refund amount is less than £5 within any calendar month;
(ii) the total refund to a Customer shall not exceed 50% of the Monthly Fees charged during the month of Downtime.
For example, for an OnlineMail 50+ account at £375 per month, this breaks down to a cost of 0.85 pence per minute (51 pence per hour). If the Service was unavailable for one hour the Customer would be paid 50 times the amount paid for that period of Downtime, which would be £25.61.
5.2 To receive a refund pursuant to this Clause 5, the Customer must:
(i) not be in breach of this Contract;
(ii) send an email or written refund request to the TheSupportForce Helpdesk in the month immediately following the month for which the Customer is seeking a refund, such request including the Customer’s account username and the dates and times of Downtime.
5.3 Refunds made pursuant to this Clause 5 are payable as liquidated damages to the Customer (and are genuine pre-estimates of loss) and, subject always to Clause 10.1, are the Customer's exclusive pecuniary remedy against TheSupportForce for any Downtime, whether such Downtime constitutes a breach of Contract, negligence, and / or breach of statutory duty.
6.1 Risk in (and the responsibility to keep secure and insured) the Microsoft Software and any other materials provided by TheSupportForce to the Customer pursuant to this Contract shall pass to the Customer on delivery. This Contract shall not transfer ownership of any tangible or intellectual property to the Customer.
6.2 Subject to Clause 6.3, ownership of the Intellectual Property Rights in the Service, Microsoft Software, and Support shall remain vested in TheSupportForce and / or TheSupportForce’s suppliers (as applicable). The Customer shall not obtain ownership of any Intellectual Property Rights in the Service, Microsoft Software, and / or Support.
6.3 All data created or stored by the Customer pursuant to the Service within TheSupportForce’s applications and servers is the property of the Customer. TheSupportForce makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer account holder's email accounts or within applications on TheSupportForce’s servers.
7.1 For the duration of this Contract, TheSupportForce shall retain in its applications and servers Customer data including but not limited to the content of private and public information store, active directory, log files, and backup copies. TheSupportForce shall only process personal data and / or sensitive personal data on behalf of the Customer as is permitted under this Contract. In the course of such processing, both parties acknowledge that TheSupportForce is a data processor and the Customer is the data controller.
7.2 TheSupportForce shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Data and against accidental loss or destruction of, or damage to, Data.
7.3 The Customer warrants that the Data has been obtained and processed fairly and lawfully and that the Customer has obtained all necessary consents to enable:
(i) it to make available the Data to TheSupportForce; and
(ii) TheSupportForce to process the Data;
pursuant to this Contract.
7.4 TheSupportForce shall comply with all reasonable Customer instructions in respect of the Data, provided that those instructions are compliant with the Data Protection Legislation.
7.5 If, in accordance with this Contract, TheSupportForce subcontracts processing of the Data to a third party, TheSupportForce must procure that the third party enters into equivalent obligations as is imposed on it under this Clause 7.
8.1 This Contract shall commence upon agreement by both parties and shall continue unless and until terminated in accordance with this Clause 8.
8.2 TheSupportForce shall be entitled to terminate this Contract on or after expiry of the Minimum Term by giving to the Customer not less than 30 days' prior written notice, such notice to take effect on the last day of a calendar month.
8.3 The Customer shall be entitled to terminate this Contract on or after expiry of the Minimum Term by giving written notice to the TheSupportForce Helpdesk at any time, provided that the Customer shall remain liable to pay the Monthly Fees in full until the last day of the then current calendar month.
8.4 TheSupportForce shall be entitled to terminate the Contract immediately:
(i) if the Customer commits any material breach of the Contract and fails to remedy that breach within thirty (30) days’ written notice of that breach (the thirty (30) day period only applies where a breach is capable of remedy – if it is incapable of remedy, the Contract may be terminated by written notice immediately); or
(ii) if the Customer becomes bankrupt, insolvent, or a court or arbiter with authority to so determine, determines that it is unable to pay its debts.
8.5 On termination of this Contract (howsoever caused):
(i) all tangible property provided by TheSupportForce to the Customer must be returned to TheSupportForce promptly;
(ii) the Customer must uninstall and cease use of any Microsoft Software that has been provided to it by TheSupportForce pursuant to this Contract;
(iii) TheSupportForce shall not be responsible for retaining any of the Customer’s data and TheSupportForce shall, subject to Sub-Clause (v) below delete all data created or stored by the Customer within Active Office’s applications and servers;
(iv) TheSupportForce shall not restore, provide storage media or send out any data pertaining to terminated accounts unless expressly requested to do so by the Customer, and provided such data has not already been deleted;
(v) Active Office shall be entitled to continue to process and retain Data for so long as is required or as may be necessary for the purpose of defending any legal proceedings that may be brought against it and / or as is required by law or any regulatory body or recommended by any relevant code of practice;
(vi) the rights and duties created by Clause 4 (including accrued payment obligations of the Customer), this Clause 8.5, Clauses 9, 10, and 13 shall survive; and
(vii) any rights of either party which arose on or before termination shall be unaffected.
9.1 Neither party shall, without the authority of the other, disclose to any third party any confidential information concerning the products, customers, business, relationships, finance or contractual arrangements or other dealings, transactions or affairs of the other which may come to that party’s knowledge in the course of performing its duties under the Contract.
9.2 Nothing contained in Clause 9.1 above shall prevent either party from disclosing that information:
(i) to any of its employees whose work requires a knowledge of that information;
(ii) to any government department or other authority, court or arbitrator having statutory authority or jurisdiction to require the disclosure of that information;
(iii) if that informaion enters the public domain through no act or default on the part of the recipient of the information.
10.1 TheSupportForce shall not exclude or limit its liability for: (a) death or personal injury caused by its negligence; and / or (b) fraudulent misrepresentation.
10.2 TheSupportForce shall not be liable for any loss of profit, loss of revenue, loss of anticipated savings, and / or loss of goodwill (“Consequential Losses”) arising under or in connection with the Contract, except where Consequential Losses arise under Clause 10.1.
10.3 Any content, materials, information or software downloaded or otherwise obtained through the use of the Service is at the Customer’s own discretion and risk. TheSupportForce shall have no responsibility for any damage to the Customer’s computer system or loss of data that results from the download of any content, materials, information or software.
10.4 The Customer agrees that it will have no remedy in respect of any untrue statement or representation made to it upon which it relied in entering into the Contract and that its only remedies can be for breach of contract (unless the statement was made fraudulently).
10.5 TheSupportForce’s Contractual Liability to the Customer shall not exceed two thousand pounds (£2,000). “Contractual Liability” means liability howsoever arising under or in relation to the subject matter of the Contract (including liquidated damages payable pursuant to Clause 5) that is not: (a) unlimited by virtue of Clause 10.1 above; or (b) excluded pursuant to Clauses 10.2, 10.3, and 10.4 above.
10.6 TheSupportForce hereby excludes any implied condition or warranty concerning the quality, accuracy, completeness, or fitness for purpose of the Service, Microsoft Software, and Support, whether such condition or warranty is implied by statute or common law, or otherwise.
10.7 The Customer shall indemnify TheSupportForce against, and will keep TheSupportForce indemnified from and against, any and all liability or for any and all losses, damages, costs, expenses and other liabilities of any kind, arising from or connected with:
(i) the Customer’s breach of the Contract;
(ii) the Customer’s misuse, copyright infringement, or breach of contract in relation to the Microsoft Software;
(iii) a claim or complaint brought or made by a third party under the Data Protection Legislation arising in connection with the Customer’s use of the Service, except where such claim or complaint arises as a result of TheSupportForce’s breach of this Contract;
(iv) a claim or complaint brought or made by a third party alleging or providing evidence of the Customer’s breach of Clause 3.1;
(v) any liability arising under or in connection with the Customer’s use of the Service, including unauthorised use of the Service, except where such use arises as a result of an act or omission of TheSupportForce.
11.1 Any variation to the Contract will be valid only if made in writing and signed by an authorised representative of each party, provided always that TheSupportForce shall from time to time be entitled to vary the Service, Availability, Support and / or the terms of this Contract by notifying the Customer that such variations have taken place and by making available the full detail of such variations either by email or on its website.
11.2 For the avoidance of doubt, variations to the Monthly Fees made in accordance with this Contract shall not be subject to Clause 11.1.
12.1 The Customer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of TheSupportForce. TheSupportForce is entitled to assign or transfer the Contract and any of its rights and obligations hereunder in whole or in part. TheSupportForce is entitled to sub-contract and / or delegate the performance of any of its obligations under the Contract.
13.1 Neither party shall be liable for any delay or failure in performing its duties under this Contract (except payment obligations of the Customer) caused by any:
(i) act of God, explosion, flood, tempest, fire or accident;
(ii) catastrophic tier-1 regional or national internet outages and congestion;
(iii) blocking lists and strategies imposed by internet service providers;
(iv) denial of service attacks, mail bombing, and other flooding techniques;
(v) unusual atmospheric conditions and unusual conditions in outer space which may affect signals to and from and the workings of satellites;
(vi) war or threat of war, sabotage, insurrection, terrorism, civil disturbance or requisition;
(vii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental agency or local authority;
(viii) import or export regulations or embargoes;
(ix) strikes, lock-outs or other industrial actions or trade disputes.
14.1 Entire agreement. The Contract supersedes any prior contracts, arrangements and undertakings between the parties in relation to the Service and Support and constitutes the entire contract between the parties relating to the subject matter.
14.2 Third party rights. The parties agree that any person who is not a party to the Contract shall have no right to enforce any term of the Contract against either of the parties under the Contracts (Rights of Third Parties) Act 1999.
14.3 Severability. If any part of the Contract is held unlawful or unenforceable that part shall be struck out and the remainder of the Contract shall remain in effect.
14.4 Non-waiver. No delay, neglect or forbearance by either party in enforcing its rights under the Contract shall be a waiver of or prejudice those rights.
14.5 Notices. All notices (which include invoices and correspondence) under the Contract shall be in writing (which shall include electronic communication via the Service) and shall be sent to the address of the recipient set out in the Contract or to such other address as the recipient may have notified from time to time. Any notice may be delivered personally, by a reputable courier service, by first-class post, by fax, or by email and shall be deemed to have been served if by hand when delivered, if by courier service or first class post 48 hours after delivery to the courier or posting (as the case may be), if by fax when confirmation of transmission is received, or if by email immediately.
14.6 Law and jurisdiction. The Contract is governed by and to be construed in accordance with the laws of England and Wales. Any disputes arising under the Contract are to be resolved by the courts of England and Wales.
1.1 OnlineMail is a business email system which offers the full functionality of Microsoft Exchange 2007, delivered with Microsoft Office 2007 or Entourage 2008 for Mac. OnlineMail includes:
1.1.1 2GB mailbox storage per user (with option to upgrade);
1.1.2 a copy of Microsoft Office Outlook 2007 or Microsoft Entourage 2008 for each mailbox user;
1.1.3 full functionality of the mailbox available through Outlook Web Access;
1.1.4 Spam defence and Virus protection;
1.1.5 simple and easy-to-use web interface / control panel to administer email accounts;
1.1.6 remote backup solution providing an integral component of a business disaster recovery plan;
1.1.7 public folders to store documents or emails for all members of staff to view;
1.1.8 multiple email addresses and distribution lists;
1.1.10 global address list;
1.1.11 offline address list.
1.2 The Service is further described at paragraphs 4 - 13, below.
2.1 Subject to paragraphs 2.2 and 2.3 below, TheSupportForce guarantees 100% availability of the Service measured on a calendar month basis.
2.2 Availability means that the Customer is able to access and retrieve information from the exchange server and send and receive messages via the exchange server, by using the Environment (defined at paragraph 3 below).
2.3 Availability excludes unavailability due to:
2.3.1 Maintenance (defined at paragraph 4 below); and / or
2.3.2 Force Majeure (defined at Clause 13 of the Contract).
2.4 To verify exchange server Availability, TheSupportForce will open a connection to the server on the port assigned to the exchange Information Store Service every five minutes, with a 30-second failure threshold. If connection is not successful, the exchange server is considered non-operational and helpdesk personnel on duty are automatically notified. If two or more consecutive test connections fail, the exchange server unavailability will be registered as the number of minutes between the first and the last failed tests. Exchange server unavailability of less than five minutes in duration is not recorded. TheSupportForce will calculate exchange server Availability and refund eligibility amounts based on this exchange server monitoring process.
3.1 The “Environment” is:
3.1.1 an internet connection with sufficient bandwidth and quality to allow trouble-free browsing;
3.1.2 data uploading and downloading that does not constrain Microsoft® Exchange functionality;
3.1.3 a fully functional Internet browser;
3.1.4 a fully functional and supported email client;
3.1.5 such environment as recommended by TheSupportForce from time to time to reflect the Customer's initial and ongoing Service requirements.
3.1.6 The Customer is responsible for procuring and maintaining the Environment.
3.2 The Customer is entitled to update the Environment from time to time by notifying TheSupportForce, provided that the updated Environment must always comply with TheSupportForce's reasonable recommendations.
4.1 To guarantee optimal performance of the exchange servers, it is necessary for TheSupportForce to perform routine maintenance on the servers. Such maintenance often requires taking exchange servers off-line, typically performed during off-peak hours. TheSupportForce will give the Customer advance notice of maintenance requiring the servers to be taken off-line whenever possible.
4.2 Scheduled. The exchange servers will be taken offline intermittently on the night of every second Friday of the Month, following Microsoft's patch releases, for regular maintenance & upgrades from 11:00 pm to 4:00 am, London time. During this time, the Customer may lose connectivity intermittently depending upon which part of OnlineMail is being worked on. This maintenance work will help make the servers more secure by installing the latest software patches and other upgrades to help the system run better. We have chosen a weekend night to minimise any impact on Customer productivity.
4.2.1 During this window of downtime, the Customer may NOT be able to consistently connect to the exchange servers via Outlook client or via Outlook Web Access or via any other devices. Depending on which servers are being worked upon, the Customer may intermittently lose access for all or part of this downtime window.
4.2.2 If the Customer requires access to Outlook mailbox data during this entire window of time, the Customer must setup Outlook to operate in Cached or Offline mode. Any changes made inside Outlook while in offline mode can be synchronized when re-connecting to the exchange servers in online mode. Instructions on setting up Outlook for Cached or Offline mode can be found in the Helpdesk Support FAQs.
4.2.3 Any e-mails sent to users during this time will be captured and queued by the OnlineMail backup server so that the Customer will not lose any incoming e-mails.
4.3 Emergency. Under certain circumstances TheSupportForce may need to perform emergency maintenance, such as security patch installation. TheSupportForce will not be able to provide the Customer with advanced notice in case of emergency maintenance.
5.1 Hosted Exchange Limitations. In addition to the aggregate account storage capacity, each mailbox and public folder also has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, the exchange servers shall stop sending or receiving messages. TheSupportForce is not responsible for Service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, the Customer can manage mailbox and public folder storage limits at any time from within the Control Panel. The maximum limit of any mailbox 20GB and is also restricted by the maximum amount of unallocated aggregated storage available for all mailboxes.
5.2 Mailbox and Public Folder Storage Capacity. Each mailbox and public folder has its own storage limit. When the storage limit is reached on an individual mailbox or folder, the exchange servers may stop sending or receiving messages leading to possible server unavailability or data loss. TheSupportForce is not responsible for unavailability or data losses caused by any mailbox or folder exceeding its storage limit.
5.3 Data Transfer. The maximum acceptable level of data transfer per mailbox is 50 GB of data per month. If a Customer exceeds this limit, then TheSupportForce reserve the right to pause the Customer account.
5.4 Top Level Public Folders. The exchange server retains ownership of the two top layers of the public folder hierarchy, "Public Folders", and under that folder, the "All Public Folders". Each Top level public folder has a limit of 5GB. These setting are set by the exchange server architecture and cannot be modified.
5.5 Additional Limits. The following limits are set for all OnlineMail packages:
5.5.1 up to 50 Inbound Domains;
5.5.2 up to 500 distribution lists;
5.5.3 up to 500 contacts;
5.5.4 up to 200 recipients per message;
5.5.5 up to 50 MB for incoming/outgoing message size.
6.1 TheSupportForce creates one Global Address List and one Offline Address List for a Customer account. Global Address List and Offline Address List are available to all users within a Customer account. Global Address List lists all mailboxes, contacts and distribution lists on a Customer account, unless the Customer explicitly chooses to hide any of these objects from a Global Address List. Offline Address List is a replica of Global Address List and is available in MS Outlook when working offline. Global Address List is replicated to Offline Address List on a daily basis.
7. WINDOWS MOBILE, BLACKBERRY AND OTHER MOBILE DEVICES
7.1 As an add-on service, TheSupportForce provides wireless access to the exchange server through the use of third-party provided software. Success in configuration and set up of wireless exchange server Access is highly dependent upon the device and wireless access provider chosen by the Customer, therefore TheSupportForce can only assure the Customer that it shall use commercially reasonable efforts to assist in configuring and supporting a wireless exchange server access for the areas of the access not under TheSupportForce’s control.
8.1 TheSupportForce makes several backups daily of the Service, this is done through a combination of software and hardware backup devices, and third-party storage services. TheSupportForce store 30 days worth of data backup points. TheSupportForce is not responsible for data that is not stored on our exchange servers and that includes data pulled from OnlineMail servers and stored locally on user storage devices. Active Office will make every reasonable effort to ensure the integrity of backed-up data.
8.2 Data backups are primarily intended to enable TheSupportForce to restore server operations. These backups are not intended to routinely restore user mailboxes or data as this is a much more intensive process.
8.3 Data and backup services are not guaranteed to meet government or other compliance requirements that a customer might be subject to. If archiving and back-up services are required for compliance, then a more comprehensive service can be provided through a specific Active Office service plan.
9.1 Anti-Spam. TheSupportForce installs third-party provided, anti-spam software on its exchange servers. This software is configured to check all incoming and outgoing messages according to the spam detecting heuristics provided with the software. As a part of the anti-spam software service, the spam detecting heuristics are regularly updated. TheSupportForce is not responsible for lost or corrupted messages due to anti-spam filtering.
9.2 Email Delivery. The outgoing email protocol used on exchange server (SMTP) is a "store-and-forward" type of protocol which does not guarantee immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery according to a predefined schedule. If the message fails to be sent for 24 to 72 hours, the messages will be returned to the sender.
9.3 Restore. The Service offers two methods for restoring email:
9.3.1 A seven day deleted item retention store, which is designed for end users to be able to instantly recover deleted items from their deleted items bin. This is done using Outlook or Outlook Web Access.
9.3.2 30 days of backup history to enable the Customer to restore a complete database store and extract email from individual mailboxes but is a much more intensive process. As this can take some time it is a chargeable service. For each restore point date TheSupportForce charges £75, if the email is not found on the specific date and another restore point date is needed then this will incur a further £75 charge.
10.1 The end user can configure Outlook so that each mailbox can be exported into a .pst file; and / or
10.2 The mailboxes and public folder for the entire Customer account can be copied to individual .pst files and saved on a removable USB hard drive up to 100GB for a charge of £500. For storage greater than 100GB, a further £250 is charged per additional 100GB.
11.1 The Service employs the latest virus protection against incoming email viruses sent to the Customer’s mailbox. All incoming messages to the Customer Service account are scanned and it is our policy to delete infected attachments prior to delivery to the Customer’s mailbox. The OnlineMail virus control systems will delete any email found to contain a virus, worm, or any form of malicious computer code. TheSupportForce does not always send notification to the sender or receiver when an email virus is identified and removed (to prevent “looping” of emails).
11.2 Virus scanning technology is based on known virus signature patterns and heuristics which TheSupportForce updates several times each day. TheSupportForce also runs multiple virus patterns simultaneously to ensure we catch known viruses before they enter our system. Virus protection is an ongoing process and it is impossible to protect against 100% of the virus threats. We cannot be held responsible for new viruses that are not detected by our scanning software. In addition, end-users are responsible for protecting their computers with PC-based anti-virus software and ensuring they are virus-free.
11.3 TheSupportForce will not be held responsible if the Customer’s domain name is blocked by Internet Service Providers (ISPs) for sending virus-infected emails. If the Customer’s email software is connected to another email service other than the Service, it is possible that virus-infected email could be pulled into the Customer’s OnlineMail account. TheSupportForce cannot be held responsible for virus-infected email originally sent to email services outside of OnlineMail. Active Office reserves the right to temporarily disable end-user mailboxes/accounts that are transmitting viruses into OnlineMail until the virus outbreak is under control.
12.1 TheSupportForce employs RAID techniques to ensure the integrity of the data on its servers and to prevent data loss in the event of hardware failure. TheSupportForce performs routine server backups for disaster recovery purposes.
13.1 TheSupportForce recommends that end-users use passwords that contain numbers and symbols in order to prevent unauthorised users from guessing commonly-used choices (i.e. “12345”, “password”, etc.). For security reasons, the TheSupportForce Helpdesk can only reset passwords for the designated account administrator.
1.1 In response to Service incidents reported to TheSupportForce in accordance with paragraph 2 (below), TheSupportForce will provide the service levels specified at paragraph 2.4 (below) provided the incidents reported do not result directly or indirectly from the Customer’s:
1.1.1 misuse or improper use of the Service; and/or
1.1.2 breach of Contract.
2.1 Technical Support is available 24/7/365. Migration Assistance and Training on using the control panel is available in core business hours only, which are Monday - Friday 8am to 6:30pm.References in this Service Level Agreement to “hours” does not include hours outside of Operating Hours.
2.2 TheSupportForce employs a ticketing system to track all support enquires, a ticket can be created one of two ways, by emailing the Helpdesk or phoning them. The TheSupportForce Helpdesk assigns a priority to the incident (as set out at paragraph 2.4, below). The Customer will be provided with a support ticket reference number to enable tracking of any issues raised.
2.3 TheSupportForce Helpdesk Details:
2.3.1 Email Address: helpdesk@Active-Office.co.uk
2.3.2 Phone Number: 0845 12 55 999
2.4 If a Customer feels that a support ticket is not being progressed within a reasonable time-frame or that it has not been resolved satisfactory, then the Customer can escalate the support issue to the helpdesk management.
2.5 Email Address: escalation@Active-Office.co.uk