MTN Hosted Backup - MTN Business

MTN Hosted Backup
Description of Service
MTN Business Hosted Backup is a service offering, providing industry-leading data backup, recovery, and remote
access for servers. The solution enables you to leverage your existing connectivity investment to better protect
corporate information in a distributed environment while reducing your support costs and relieving the burden of
backup and recovery on IT personnel.
MTN Hosted Backup makes use of a client-server solution to automatically filter, select, and copy data from remote
computers to either an offsite remote data server located at the MTN Business DMZ Data Centre in Rosebank,
Johannesburg (OUTSOURCE) or to a server located on the customers' premises (INSOURCE). A small JAVA client
is remotely deployed to user devices that automate the secure backup of data according to customizable file filters
and scheduler settings. Data transfer is reduced by as much as 98% by a proprietary patching technique that
compresses and transfers only the changed bytes within the user data set. Secure encryption of all data ensures
confidentiality while an intuitive user interface allows users to recover data immediately, and from any point in time.
Terms and Conditions
Words and phrases defined in the Service Description shall have the same meaning in this Service Order.
1. Resale of Service
a. Resale of the Service is not permitted.
2. Maintenance
a. Scheduled maintenance on the MTN (IP) Network will be performed during a standard
maintenance window on Saturdays and Sundays from 02:00 to 06:00 local time (unless an
alternative day/time is notified to the Customer), as necessary. MTN Business reserves the right to
change these maintenance times, where necessary, upon prior notice to the Customer. MTN
Business also reserves the right to perform emergency maintenance without prior notice.
3. Termination
a. Either party may terminate the Service on three (3) months prior written notice to take effect on the
expiry of the relevant Initial Service Term. If the Service is not terminated, it shall thereafter
automatically renew for further one (1) year periods on the anniversary of the Service Activation
Date (the Renewal Term). Similar to the cancellation of the Initial Term, either party may during the
renewal periods terminate this Service Agreement at the end of each Renewal Term giving the
other party 90 (ninety) days prior written notice. In the case of termination by the Customer, such
notice to be copied to the local MTN Business Customer Services department.
b. Upon the termination of the Service Order and/ or Agreement, the Customer shall make
arrangements (at the Customer's own cost) to remove the Customer Equipment from the MTN Data
Center at a time to be agreed with MTN Business (but no later than two (2) months following such
termination).
4. Activation of Service
a. The Service Activation Date shall be (i) the date of delivery of the Ready for Service Notification or,
(ii) if earlier, or where no Ready for Service Notification is received by the Customer, the first date
IP packets can be passed between the Space allocated by MTN Business to Customer and the
MTN (IP) Network.
5. IP addresses
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a. If required, MTN Business will assign the Customer a suitable number of IP addresses from MTN
Business-allocated CIDR ("Classless Internet-Domain Routing") blocks obtained from the relevant
registry. MTN Business will only assign Provider Aggregated addresses (PA-addresses). All
assignments are subject to applicable registry guidelines and policies. All IP addresses must be
returned to MTN Business forthwith upon termination of the Service. Any IP address allocated by
MTN Business to Customer remains property of MTN Business and Customer will have a nontransferable
licence to use such addresses. If Customer already has such an IP address area and
such can be used for the MTN Business connection, no additional registered IP address area shall
be assigned. MTN Business cannot guarantee, however, that other IP address areas previously
assigned by other Internet providers can be reused for the MTN Business connection as a result of
superseding guidelines.
6. Accuracy of Customer Information
a. The Customer will provide MTN Business with accurate and up to date information: (i) when
completing the Service Order; and (ii) when Customer contacts MTN Business to report a
suspected fault and is asked a standard set of structured questions. MTN Business shall not be
liable for any loss suffered as a result of the Customer's failure to provide accurate information or
any relevant facilities, which may lead to a delay in installation or service repair.
7. Customer Content
a. Customer, and not MTN Business, has sole and exclusive control over the content residing on
Customer's server(s) (the "Customer Content"). Customer acknowledges and MTN Business
agrees that in the provision of the Services hereunder MTN Business is not provided, either directly
or indirectly, and will not seek access to the Customer Content that would allow MTN Business to
exercise any control over the Customer Content.
b. The Customer will not store any illegal information in the memory space allocated to it by MTN
Business in the MTN data systems nor engage in any form to criminal services, offered by himself
or third parties or insert hyperlinks to such Internet addresses.
c. Customer shall use its best efforts to promptly and thoroughly respond to any notices forwarded to
Customer by MTN Business, including, but not limited to notices that the Customer Content violates
applicable laws.
8. Customer Data and Privacy
a. Customer acknowledges that MTN Business, its MTN Business Affiliates and agents, will, by virtue
of the provision of Services, come into possession of information and data regarding Customer, its
employees and authorised users of Customer.
b. This information and data ("Protected Data") shall include, but not be limited to Customer data
(such as Customer names and addresses), traffic, usage or billing data (such as the originating and
destination numbers and IP addresses, date, time and duration of voice or data transmissions, and
other data necessary for the establishment, billing or maintenance of the transmission), data
containing personal information of Customer, its employees or authorised users of the Services,
and other data provided to or obtained by MTN Business, its MTN Business Affiliates and agents,
in connection with the provision of Services.
c. Customer acknowledges and agrees that MTN Business, and its MTN Business Affiliates and
agents, may use, process and/or transfer Protected Data (including intra-group transfers and
transfers to entities in countries, such as the United States of America, that do not provide statutory
protections for personal information) as appropriate:
i. in connection with provisioning of Services;
ii. to incorporate the Protected Data into databases controlled by MTN Business and its MTN
Business Affiliates, for the purpose of (i) administration, provisioning, billing and
reconciliation, (ii) verification of Customer identity and solvency, (iii) maintenance, support
and product development, (iv) fraud detection and prevention, (v) sales, revenue and
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Customer analysis and reporting, market and Customer use analysis, including user
profiling, and advertising (it being understood that the Protected Data used for marketing
purposes will not include end user traffic data unless these are anonymous), andto
communicate to Customer regarding products and services of MTN Business and its MTN
Business Affiliates by voice, letter, fax or email
9. Services and/or features are not available in all countries, and may be procured from in-country provider in
select countries. Please consult your MTN Business representative for service availability.
Accepted on behalf of Customer, by
Signature
Accepted on behalf of MTN Business, by
Signature
Name
Name
E-Mail
E-Mail
Date
Date
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