1.0Access to the Service Agreement
The Service is a free service provided by DEWAN ARCHITECTS & ENGINEERS (DAE).
Your access to the Service is completely at the discretion of DAE, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for DAE, disruption of access to other Users or networks, and violation of applicable laws or regulations.
DAE may revise this Agreement at any time. You must accept this Agreement each time you use the Service, and it is your responsibility to review it for any changes each time.
2.0Acceptable Use of the Service
DAE supports the free flow of information and ideas over the Internet. Your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of DAE, or any third party.
The use of the Service for the following activities is prohibited:
2.1Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
2.2Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
2.3Obscene or Indecent Speech or Materials
Using DAE to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. DAE will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
2.4Defamatory or Abusive Language
Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
2.5Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
2.6Hacking
Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
2.7Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. In addition, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment.
2.8Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
2.9Other Illegal Activities
Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
2.10Resale
The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
3.0Notice of Violations of the AUP
DAE requests that anyone who believes that there is a violation of the AUP contact us.
4.0DAE Bring Your Own Device (BYOD) Policy
4.1User Acceptance & Agreement
4.1.1Context
DAE’s voluntary BYOD program allows staff to use their Personal Mobile Devices (PMD’s) to access company systems and email. The program will not affect DAE’s allocation of equipment in PC’s, laptops and company provided mobile devices.
DAE will manage this program through a Mobile Device Management Platform (MDM) Staff, Individuals will be defined as full time, and part time employees, DAE appointed contractors, DAE consultants, sub consultants, and temporary staff.
4.1.2Acceptance of policy
Staff who wish to register their PMD under the BYOD framework will accept all terms and conditions in this policy. Staff who connect any PMD device up to the DAEBYOD or Guest wireless networks also accept the terms of this policy upon login.
Acceptance of this policy is also acceptance of the wider framework of DAE Guest/BYOD Wi-Fi Terms of Service and IT Acceptable Use Policy. Any breaches of this policy will result in the individual’s termination from the BYOD program and may result in disciplinary action under the staff code of conduct policies.
4.1.3Data Responsibility / Backups
DAE IT is not responsible for the backup or recovery of data on any PMD used within the BYOD framework. The responsibility for any personal data remains with the employee. If it is required to delete data from a PMD, DAE will not compensate for that loss of data. DAE will not install any application software (e.g. iTunes) on DAE assets for the purpose of backing up PMD data.
4.2DAE / Employer Device Control Mobile Device Management Platform (MDM)
Individual that wish to utilize BYOD services will need to register with DAE’s *MDM solution. DAE will push out security policies, service configurations, and recommended applications to the device.
By default, DAE will also have access to other information on the PMD including device hardware details, GPS data, geotracking information, operating system, other installed applications, mobile service numbers, and location services on that device.
DAE will have the ability to remove the corporate data pushed to that device or completely wipe the PMD if required. DAE also reserves the right to remove any individual from the BYOD program or remove applications from a PMD determined to be a security risk to the organization.
4.3Data Privacy
DAE’s *MDM solution and data is restricted to designated IT personnel for audit, support and compliance. Data from this system can only be utilized by approval from the DAE Senior Management.
4.4Legal
Individuals who utilize the BYOD network must be aware that in the case of legal action or police investigations PMD’s may be confiscated as a result of an inquiry or criminal investigation as per the external authorities’ processes.
DAE reserves the right to request the termination of an individual’s access to the DAE BYOD and Guest networks.
4.5PMD Lost, broken or stolen devices
DAE is not responsible for any damages, insurance, theft or loss of PMD’s in its offices. Any loss or damage to personal devices is the individual’s responsibility, and suitable insurance or protection is the responsibility of the individual. Staff members can request, via the service desk, location or device wiping services. If a device is stolen or lost, the *MDM can be utilized to determine the approximate location of the device, and/or remote wipe the device.
4.6PMD device costs
PMD usage, and all associated costs and charges are the responsibility of the individual unless otherwise agreed with the Company. Any staff member that is using a PMD does so at his or her own choice. DAE is not responsible for any associated costs of a staff PMD. This includes but is not limited to any insurance, damages, warranty, and legal, data plans, exceeding data caps, PSD memory, accessories & peripherals.
4.7Support
4.7.1Best Effort Support Model
DAE IT will provide a "Best Effort Support Model" in regards to individuals PMD’s. Best effort is defined as DAE IT providing reasonable local and remote assistance for staff. Under the support model, the following services are supported:
- Troubleshooting for wireless connectivity to the guest and BYOD networks.
- Configuration and login to the DAE email systems.
- Configuration and login to the DAE VPN Solution.
- All other support and application issues with a PMD remain the responsibility of the employee using a PMD.
4.7.2Application Support
DAE’s standard operating environment and applications suite will only be supported via DAE’s VPN remote desktop and application solution. Access to all applications, e.g., Revit, AutoCAD etc. will only be supported under this platform. Please note that at this stage most of these applications are not suited for the small form factor of smartphones.
4.7.3Application Costs
DAE will not pay for or reimburse any application costs for a PMD device. DAE is under no obligation to cover the application costs as the program is voluntary. This includes email clients for the PMD.
4.7.4Preferred Models
DAE Preferred Models of PMD for ease of support include:
4.7.4.2Windows 10 (Laptop)
4.7.4.3Mac OSX Lion (MacBook)
4.7.4.4Android 9.1 tablet & smartphone
4.7.5Community Support & Workshops
DAE has limited support capabilities for BYOD. All documentation will be provided on the Intranet and on the wireless networks login page. (Still to be completed!) DAE Technology will also periodically host workshops where staff can enquire about services and setup under the BYOD program. Community support will also be available in the future on the Intranet, where BYOD users can post information on self-service solutions.
4.7.6Loan Pool Devices
DAE will not have a loan pool of devices in the case of loss or damage to a PMD.
4.8User Etiquette
Staff utilizing a PMD should observe use restrictions and appropriate etiquette to ensure safety, courtesy, respect and privacy for themselves and others. As PMD’s can create a disturbance, individuals should ensure appropriate and discrete use of their PMD to minimize the inconvenience to others and ensure their conversations remain private.
4.9Security (Physical, Data & Network)
4.9.1 Staff using a PMD and accessing DAE data or email shall ensure the physical security of the device and immediately report any loss, theft or damage to Regional IT Manager, and where appropriate to the police and report if the device contains any corporate data or email. If the PMD and/or related equipment are subsequently found, the user must immediately notify those parties originally advised of the loss or theft.
4.9.2 PMD owners shall ensure the physical security of the device if it contains any DAE data or emails or data acquired through 3rd parties. Owners must ensure that all DAE data is permanently removed from devices prior to leaving the organization. DAE also reserves the right to data wipe the PMD if deemed appropriate.
4.9.3 Staff using a PMD and accessing DAE data or email will have device password/PIN and timeout setting established on the device pushed out via the *MDM policy manager. The time out setting the device to go into lock mode must not exceed 10 minutes. It is a requirement that owners of private mobile devices that contain DAE data do not alter or disable this policy setting.
4.9.4 DAE reserves the right to interrogate PMD’s that attempt to connect to the DAE Network or Email system. Devices deemed a security risk would be prevented from accessing DAE’s Network.
4.9.5 Some mobile devices contain portable storage devices (PSD) such as flash memory cards that can be used to store data. Individuals are to ensure the physical security of privately owned PSD’s if they contain DAE data. Staff should consider implementing data encryption on PSD’s dependent on the nature of the data stored. DAE Technology can provide advice in terms of encryption options.
4.9.6 Sensitive DAE data is not to be stored on PMD’s. This includes data relating to, but not limited to, sensitive staff matters, personal details, client inquiries, 3rd party information, financial information, organizational planning, budget papers etc. Staff must consult with their Line Manager if they are not sure what constitutes sensitive data.
4.9.7 Network security credentials (e.g. username and password) must not be stored locally on the PMD unless authorized by the Regional IT Manager. This includes both DAE issued and privately owned mobile devices.
4.9.8 PMD’s are only permitted to access the wireless networks designated for use by DAE Technology. PMD’s are not permitted to be connected up to or plugged into any physical network point in the organisation.
4.9.9 PMD’s owners are to ensure that devices are updated regularly and should update applications and operating systems to the latest approved updates and security patches. Jail broken IOS or root broken Android Devices will not be permitted to connect to the *MDM and associated DAE services.
5.0Disclaimer
You acknowledge
- that the Service may not be uninterrupted or error-free;
- that viruses or other harmful applications may be available through the Service;
- that DAE does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;
- that DAE and that its owners ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable.
The service and any products or services provided on or in connection with the service are provided on an "as is", "as available" basis without, guarantees of any kind. All guarantees, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by DAE, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.
6.0No Damages
Under no circumstances will DAE, its owners, their suppliers or licensors, or their respective officers, directors, individual, agents, and affiliates be liable for any damages of any kind or nature including, but not limited to, any direct, indirect, consequential, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of a user, its appointees or its or their customers (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. The limitations, exclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers.
7.0Indemnity
You agree to indemnify, defend and hold harmless DAE, its owners, affiliates and subsidiaries, and its and their suppliers, officers, directors, individual, agents and affiliates from any claim, liability, loss, damage, cost, expense, interest, judgments, penalties and suits whatsoever (including without limitation reasonable attorney's fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or a violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that DAE may assert under this Agreement or by law.
8.0Arbitration
You agree to submit any and all controversies or claims arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, to an arbitrator. The arbitrator may, at either party's request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this Section will prevent the parties from seeking interim injunctive relief against one another.
9.0Interpretation
This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.
DAE performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede DAE right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by DAE with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions, and representations of the agreement between you and DAE with respect to its subject matter and supersedes all prior writings or understanding.