Terms of Service
Version 1.0 - November 2017
This is a binding contract. Please read it carefully before using Bizware.
These Terms of Service (the “Terms”) are an important contract between us and you:
If you are opening an Bizware account or including this Agreement by reference in a purchase order, this contract is between Bizware and your organization. You represent that you have the authority to bind your organization to this agreement.
If you are an individual Bizware user, this Agreement is between you and Bizware.
The “Agreement” refers to these Terms and the Policies together.
The general idea of this Agreement is that we grant you a license to use the Services, and in return you pay us and agree to abide by our terms and policies. Your failure to abide by your obligations under these policies constitutes grounds for suspension or termination of your account and revocation of your access to the Services.
In this Agreement:
- “Bizware,” “we,” and “us” means Bizware.
- The “Services” means the Bizware services, including CourierMate, CourierBroker, Shopware, Repware and any other platforms, APIs, interfaces, related web sites, networks, embeddable widgets, downloadable software, and other services we provide.
- Section 22 contains more defined terms.
You acknowledge and agree that, as provided in greater detail in this Agreement:
- The Services are licensed, not sold to you, and that you may use the Services only as set forth in this Agreement;
- The Services are provided “as is” without warranties of any kind, and Bizware’s liability to you is limited;
- You are solely responsible for protecting the privacy and legal rights of your End Users, except as provided for in a Business Associate Agreement or Data Use Agreement between you and Bizware;
- You are solely responsible for exporting Your Content and materials from the Services prior to closing your Bizware account; and
- Disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND BIZWARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement in Section 19 below for the details regarding your agreement to arbitrate any disputes with Bizware.
This Agreement takes effect when you log into any of our services, sign a contract that incorporates these terms by reference, or, if earlier, when you use any of the Services (the “Effective Date”).
You must be at least eighteen (18) years of age to use the Services. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization. Bizware may, in its sole discretion, refuse to offer the Services to any person or entity, and may change its eligibility criteria at any time.
2. Your Account and Use of the Services
To access the Services, you must create an Bizware user account. You may also need to create an Bizware organization account, if one does not exist already.
When you register for the accounts, you may be required to provide us with some information about yourself, such as your phone number or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate at all times. You are responsible for all activities that occur under your accounts, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). You may create additional user accounts for users within your organization.
Each Bizware user account is protected by credentials. You are responsible for maintaining the security of your credentials, including use of two-factor authentication. Bizware and our affiliates are not responsible for unauthorized access to your account, except to the extent caused by our breach of this Agreement.
If you do not abide by your obligations, or if you violate our Acceptable Use Policy determine your account to be not in good standing and may take Remedial Action pursuant to Section 5. Good standing is determined at Bizware’s sole discretion.
BIZWARE RESERVES THE RIGHT TO DISABLE ANY USER’S ACCESS TO ANY PART OF THE SERVICE, AND TO TERMINATE ANY USER’S ACCOUNT.
You may terminate your account and this Agreement at any time in accordance with Section 11.
A. Your obligations. Your obligations include, but are not limited to, the following:
- Your use of the Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.
- You will provide us with true and accurate information and responses in connection with your use of the Services.
- You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen.
- You will not attempt to gain access to Bizware’s internal administrative tools.
- You will not attempt to disrupt the Services.
- You will abide by the Acceptable Use Policy.
- You will abide by the restrictions in our Support Policy and Security Policy on how the Services may be implemented.
- You will remit payment timely for the Services, as specified in the Billing Policy and any purchase order you may execute.
B. Unauthorized uses. You will not violate, and will not allow third parties under your control to violate our Acceptable Use Policy.
B. Your users’ privacy. You are responsible for protecting the privacy and legal rights of your End Users. Your obligations include but are not limited to:
- Properly configuring the Bizware Services, including your Bizware Containerized Services, to protect your users’ information;
- Configuring and enforcing user access policies and permissions for the Bizware Services, including your Bizware Containerized Services; and
We provide support and training to help you with these responsibilities.
4. Fees and Charges
A. Payments and pricing. You incur fees and charges based on your use of the Services. We bill as indicated in the Bizware Billing Policy or your purchase order, as applicable. We may invoice you more frequently if we determine that your account is at risk of non-payment. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason.
All amounts payable are denominated in South African Rands (ZAR), and you agree to pay all such amounts in South African Rands (ZAR).
We may change our Billing Policy. In the event we do so, we will give you 30 days notice before the beginning of the billing cycle during which the revised policy will be applied.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all reasonable expenses and attorneys fees we incur collecting late payments. We reserve the right to discontinue the provision of the Services to you for any late payments.
Fees are based on our measurements of your use of the Services. Our determination is final. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at our discretion and only in the form of credit for the Services. Nothing in this Agreement obligates Bizware to extend credit to any party.
B. Taxes. You are responsible for paying all taxes and government charges and will pay us for the Services without any reduction. In the event that Bizware is obligated to collect or pay taxes, those taxes will be invoiced to you, unless you provide us with a timely and valid tax exemption certificate issued by the appropriate authority for each jurisdiction in which you claim exempt status.
If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
5. Suspension, Removal, and Remedial Action
Under some circumstances, you are obligated to suspend or remove an Application or other Bizware Containerized Service from the Services and take remedial measures, such as if your Application is compromised and is being used to violate our Acceptable Use Policy.
In addition to your obligations, we reserve the right to suspend your account, suspend your access or your End Users’ access to the Services, and/or suspend or remove an Application or Bizware Containerized Service (take “Remedial Action”). Our right to take Remedial Action is in addition to our right to terminate this Agreement pursuant to Section 11.
A. Your obligations. If you become aware that any Application or End User’s use of an Application or data violates the Acceptable Use Policy, you will immediately suspend that Application, remove the applicable data, or suspend access to that End User, whichever may be applicable to remedy the violation. If you fail to remedy the violation on your own, we will make a specific request that you do so. If you do not remedy the violation within the time period specified in our request (in no case later than 24 hours), we may take Remedial Action.
We reserve the right to take Remedial Action if you are in breach of this Agreement, including if you are delinquent on your payment obligations by more than 15 days.
B. Our obligations. We will always try to resolve Acceptable Use issues within a mutually acceptable time frame. We reserve the right to take unilateral Remedial Action at any time, however, to enforce our policies and ensure the safety and security of our customers and their users. If we take Remedial Action without prior notice, we will provide the reason to you as soon as is practically possible.
C. Effect of Remedial Action. If we take Remedial Action:
- You remain responsible for all fees and charges you have incurred through the date of the Remedial Action;
- You remain responsible for any applicable fees and charges for any Services to which you continue to have access;
- You remain responsible for applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension; and
- You will not be entitled to any credits for any period of suspension.
6. Intellectual Property
A. Content. As between you and Bizware, you own Your Content. You are solely responsible for the development, operation, maintenance, and use of Your Content. For example, you are solely responsible for:
- Backing up and securing Content at the Application level, except as delineated in a Business Associate Agreement you may enter into with us, or to the extent backups or security controls are provided as part of the Services;
- Compliance of Content with the Acceptable Use Policy, other Policies, and any applicable laws or regulations;
- Any claims relating to Your Content; and
- Properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violates such person’s rights.
You represent and warrant to us that:
- You or your licensors own all right, title, and interest in and to Your Content and Applications;
- You have all rights in Your Content and Applications necessary to grant the rights contemplated by this Agreement;
- None of Your Content, Applications or End Users’ use of Your Content or Applications, or the Services, will violate the Acceptable Use Policy; and
B. Proprietary rights. In general, except as expressly set forth below in Sections 8 and 9, this Agreement does not grant either party any rights, implied or otherwise, to the other’s Content or any of the other’s intellectual property. As between the parties, you own all intellectual property rights in your Applications and customer data, and we own all intellectual property rights in the Services.
Notwithstanding that general principle:
- You consent to our use of Your Content to provide the Services to you and any End Users;
- We may disclose Your Content to provide the Services to you or any End Users;
- We may disclose Your Content to comply with any request of a governmental or regulatory body (including subpoenas or court orders); and
- If you provide any suggestions to us, we will own all right, title, and interest in and to your suggestions, even if you have designated the suggestions as confidential. We and our affiliates will be entitled to use your suggestions without restriction. You hereby irrevocably assign us all right, title, and interest in and to your suggestions.
7. Your Licenses from Bizware
A. License to access and use the Services. We grant you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to access and use the Services solely in accordance with this Agreement. This license is valid only during the term of this Agreement, and is revoked upon termination. This license is subject to the following restrictions:
- Neither you nor any End User may use the Services in any manner or for any purpose other than as expressly permitted by this Agreement.
- Neither you nor any End User may, or may attempt to (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Services (except to the extent software included in the Services are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services, (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) resell or sub-license the Services, or (e) circumvent any security mechanisms used by Bizware, the Services, or any Applications running on the Services.
- All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.
- During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services you have used.
B. License to re-use your documentation. Notwithstanding the above, to the extent we have intellectual property rights in your Gridiron documentation, such as policies, controls, templates, training, audit logs, other compliance deliverables, and other work products, we grant you a perpetual license to use, make, adapt, and distribute copies to affiliates, directors, officers, employees, or contractors, or as needed to comply with any request of a governmental or regulatory body or a partner. This license is limited to use for your own internal business purposes. You may not resell such materials, or use them (or let them be used) to develop competing products or services. Any distribution you make to third parties must include these restrictions. You are responsible for exporting such materials from Bizware before you cease to be a customer.
C. Our trademarks. Bizware hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the Bizware trademarks for the sole purpose of promoting or advertising that you use the Bizware Services. This licenses shall be exercised only in accordance with the current version of our Trademark Policy. You agree that all goodwill generated through your use of the Bizware trademarks shall inure to the benefit of Bizware.
8. Our Licenses from You
You hereby grant us a worldwide, non-sub-licensable, non-transferable, non-exclusive, terminable, limited license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, host, store, transfer, modify for the purpose of formatting for display, and distribute any Application and/or data (including Your Content) for the sole purpose of enabling us to provide you with the Services.
9. Modification of the Services
You acknowledge and agree that the form and nature of the Services which Bizware provides may change from time to time without prior notice, subject to the terms in Section 5. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to the Billing Policy, security patches, added functionality, and other enhancements.
The license granted in this Agreement will remain in effect, unless terminated earlier as set forth in this Agreement. Sections 6 (Intellectual Property), 11 (this Section), 13 (Indemnification), 14 (Exclusion of Warranties), 15 (Limitations of Liability), 18 (Governing Law), 19 (Dispute Resolution and Arbitration), and 21 (General Terms) shall continue to be effective after this Agreement is terminated.
Unless you have a purchase order or other contractual commitment to Bizware:
- You may terminate this Agreement at any time by cancelling your account, and
- We may, in our sole discretion for any or no reason, terminate this Agreement by cancelling your account or any portion of your access to the Services
YOU ARE SOLELY RESPONSIBLE FOR EXPORTING YOUR CONTENT FROM THE SERVICES PRIOR TO CLOSING YOUR ACCOUNT. IF WE CANCEL YOUR ACCOUNT, WE WILL PROVIDE YOU A REASONABLE OPPORTUNITY TO RETRIEVE YOUR CONTENT, AS PERMITTED BY LAW.
You will not receive any refunds if you terminate this Agreement. If the Agreement is terminated, all of your rights under this Agreement immediately terminate and all fees and charges (including any applicable taxes) owed by you to us are due immediately, including fees and charges for in-process tasks completed after the date of termination.
11. Changes to these Terms
We reserve the right, at our discretion, to change these Terms, as well as the Policies, on a going-forward basis at any time.
If the changed Terms or Policies materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms or Policies, as applicable. If we require your acceptance of the changed Terms or Policies, changes are effective only after your acceptance.
In the event that a change to these Terms or Policies does not materially modify your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. These changes are effective upon publication of the changed Terms or Policies.
If you do not accept the changed Terms or Policies, we may terminate your access to and use of the Services. If you are under contractual commitment to Bizware, we may choose not to renew your contract.
Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect between the parties at the time the dispute arose.
A. Your Obligations to Us. You agree that you will be responsible for your use of the Services, and if you harm someone or get in a dispute with someone else, we will not be involved. You agree to defend and indemnify Bizware and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the ”Bizware Entities“) from and against every third-party claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Services; (b) your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
13. EXCLUSION OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZWARE DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. BIZWARE IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR APPLICATION AND CUSTOMER DATA, EXCEPT WHERE BACKUP OR SECURITY CONTROLS ARE EXPRESSLY PROVIDED AS FEATURES OF THE SERVICES. BIZWARE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE, TIMELY, OR UNINTERRUPTED. BIZWARE DOES NOT WARRANT THAT THE SERVICES WILL BE SECURE, EXCEPT AS EXPRESSLY DOCUMENTED. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES. YOU UNDERSTAND THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE BIZWARE ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL THE BIZWARE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BIZWARE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BIZWARE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU TO BIZWARE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The foregoing limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s intellectual property rights by the other party, or indemnification obligations.
We will provide technical support to you pursuant to our Support Policy. Custom Service Level Agreements or support agreements may be available.
As with any cloud service, you have ongoing security responsibilities to protect Your Content and your Bizware Containerized Services. You hereby agree to the terms of our Security Policy.
17. Governing Law
This Agreement is governed by the laws of South Africa without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under this Agreement, then, unless another location is expressly specified in this Agreement, you and Bizware agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa for the purpose of litigating any dispute.
18. Dispute Resolution and Arbitration
A. Generally. In the interest of resolving disputes between you and Bizware in the most expedient and cost effective manner, you and Bizware agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BIZWARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Exceptions. Despite the provisions of Section 19(A), we both agree that nothing in Agreement will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
C. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or if we do not have a physical address on file for you, by electronic mail (”Notice“). Bizware’s address for Notice is:
The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (”Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Bizware may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bizware must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Bizware will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Bizware in settlement of the dispute prior to the arbitrator’s award.
E. No Class Actions. YOU AND BIZWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bizware agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
F. Modifications. If Bizware makes any future change to this arbitration provision (other than a change to Bizware’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Bizware’s address for Notice, in which case your account with Bizware will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
G. Enforceability. If Section 19(F) is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to this Agreement.
19. General Terms
A. Notices. All notices to Bizware must be in writing and addressed to email@example.com. Notice will be treated as given on receipt as verified by written automated receipt or by electronic log (as applicable).
You agree that Bizware may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Bizware Services. By providing Bizware your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
B. Assignment. You may not assign any part of this Agreement without our written consent. Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under this Agreement, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party.
C. Force Majeure. Bizware shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
D. No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
E. No Waiver. You agree that any delay or failure of Bizware to exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), for any reason, does not constitute a formal waiver of our rights and that those rights or remedies will still be available to us.
F. Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
G. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless expressly stated.
H. Equitable Relief. Subject to Section 19 (Dispute Resolution and Arbitration), nothing in this Agreement will limit either party’s ability to seek equitable relief.
I. Amendments. Any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
J. Entire Agreement. This Agreement supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are hereby incorporated by this reference. After the Effective Date, Bizware may provide you with an updated URL in place of any URL in this Agreement.
K. Interpretation of Conflicting Terms. If there is a conflict among the documents that make up this Agreement, the documents will control in the following order: this Agreement, and the terms located at any URL.
"Acceptable Use Policy” means the policy currently available at http://www.bizware.co.za, as it may be updated by us from time to time.
“Bizware Marks” or “Marks” mean any trademarks, service marks, service or trade names, logos, and other designations of Bizware and its affiliates that we may make available to you in connection with this Agreement.
“Bizware Site” means https://www.bizware.co.za, http://www.bizware.co.za, any subdomain owned or operated by Bizware, and any successor or related site designated by us.
“Billing Policy” means the policy currently available at http://www.bizware.co.za, as it may be updated by us from time to time.
“Content” means software, data, text, audio, video, images or other content.
“Dedicated Environment” means as Bizware environment running on a dedicated stack, where the network and hosts are not shared with any other Bizware customer.
“End User” means any individual or entity that directly or indirectly through another user:
- Accesses or uses Your Content; or
- Otherwise accesses or uses the Services under your account.
The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own Bizware account, rather than your account.
“High Risk Activity” means any activity where the failure of a supporting computer system could lead to death, personal injury, or severe physical or environmental damage, such as the operation of nuclear facilities, aircraft navigation, or direct life support systems.
“Remedial Action” means our right under this Agreement to suspend your access or your End Users’ access to the Services, and to suspend or remove an Application, in the event that this Agreement is breached.
“Security Policy” means the policy currently available at http://www.bizware.co.za, as it may be updated by us from time to time.
“Shared Environment” means a Bizware environment running on networks and hosts that are shared between Bizware customers.
“Support Policy” means the policy currently available at http://www.bizware.co.za, as it may be updated by us from time to time.
“Trademark Policy” means the policy currently available at http://www.bizware.co.za, as it may be updated by us from time to time.
“Your Content” means Content you or any End User (a) runs on the Services, (b) causes to interface with the Services, or (c) uploads to the Services under your account or otherwise transfers, processes, uses, or stores in connection with your account.
Acceptable Use Policy
This policy describes prohibited uses of the Bizware Services and Bizware Site. Capitalized terms used but not otherwise defined here are defined in the Bizware Terms of Service.
By using the Services or the Site, you agree to the latest version of this policy. If you violate this policy or authorize or help others to do so, we may suspend or terminate your use of the Services.
The examples described in this policy are not exhaustive. We may modify this policy at any time by posting a revised version on the Bizware Site.
WE RESERVE FULL AND FINAL DISCRETION AS TO WHETHER CERTAIN USES VIOLATE THIS ACCEPTABLE USE POLICY. YOU AGREE THAT OUR DETERMINATION IS FINAL.
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Bizware Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Prohibited activities or content include:
- Illegal Activities: Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
- Harmful or Fraudulent Activities: Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
- Infringing Content: Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content: Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
- Harmful Content: Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
No High Risk Activities
You agree not to use the Services for High Risk Activities, as defined in the Bizware Terms of Service.
No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
Prohibited activities include:
- Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception: Monitoring of data or traffic on a System without permission.
- Falsification of Origin: Forging TCP/IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
- Hacking: Interfering with the security-related features of the Services
No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another Internet service provider if those messages violate this policy or the acceptable use policy of that provider.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.
Prohibited activities include:
- Monitoring or Crawling: Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS): Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference: Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operation of Certain Network Services: Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Avoiding System Restrictions: Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
- Domain Impersonation: Creating applications pointing at domains you do not own or lawfully control.
- Malware: Uploading or otherwise any disseminating viruses, adware, spyware, worms, or other malicious code.
Usage and Quotas
You agree not to exceed the following limits:
- 1 TB bandwidth/month
These are soft limits: If you inadvertently exceed these limits, we will attempt to contact you. If you exceed these limits willfully, repeatedly, or by significant amounts, we may terminate your account.
You agree not to take any action (directly or indirectly) that imposes or may impose (as determined by Bizware in our sole discretion) an unreasonable or disproportionately large load on Bizware’s or its third party providers’ infrastructure.
You agree not to:
- Access the Services to bring an intellectual property infringement claim against Bizware or any of Bizware’s affiliates, customers, vendors, business partners, or licensors;
- Develop or create a competing product or service;
- Copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract the source code of the Services or any component thereof;
- Sub-license, resell, or distribute the Services or any component thereof separate from any integrated application;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Post, upload, or distribute any Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Perform any fraudulent activity, including impersonating any person or entity or claiming a false affiliation; misrepresenting the source, identity or content of information transmitted via the Services; accessing any other Service account without permission, or falsifying your age or date of birth.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this policy or misuse of the Services or Bizware Site. We may:
- Investigate violations of this policy or misuse of the Services or Bizware Site;
- Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Bizware Site; and
- Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.
Reporting of Violations of this Policy
If you become aware of any violation of this policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.
To report any violation of this policy, please email us at firstname.lastname@example.org.
This policy outlines how Bizware determines fees and charges, and performs billing.
Bizware prices and invoice amounts are denominated in South African Rands (ZAR).
Your Bizware account has a base fee for each product you use.
Base fees are always paid in advance.
We invoice once per month, unless we determine your invoice is at risk of non-payment, in which case we may invoice more frequently or require that you pay in advance.
All invoices are due upon receipt unless otherwise indicated.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) determined and compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Bizware to collect any amount that is not paid when due. Amounts due from you may not be withheld or offset by you against amounts due to you for any reason.
Changes to this Policy
Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on www.bizware.co.za, unless we expressly state otherwise in a notice.
We may change spot pricing by giving you at least 30 days’ advance notice before the beginning of the billing cycle in which such change will take effect. Resources included in the base fee of a purchase order are not subject to a price change for the term of that contract, as you have already agreed to the base fee commitment, and Bizware has committed to providing you the Services at the price specified in your agreement.
Responsible Disclosure Policy
We are dedicated to maintaining the security and privacy of the Bizware platform. We welcome security researchers from the community who want to help us improve our services.
If you discover a security vulnerability, please give us the chance to fix it by emailing us at email@example.com. Publicly disclosing a security vulnerability without informing us first puts the rest of the community at risk. When you notify us of a potential problem, we will work with you to make sure we understand the scope and cause of the issue.
- NEVER attempt to gain access to another user’s account or data.
- NEVER attempt to degrade the services.
- NEVER impact other users with your testing.
- Test only on in-scope domains, listed below.
- Do not use fuzzers, scanners, or other automated tools to find vulnerabilities.
Doing any of the above will render your account cancelled.
Only the following services are in-scope:
The following types of reports/attacks are out of scope. Do not attempt them:
- DOS attacks
- Brute forcing login/account management pages
- Physical vulnerabilities
- Social engineering attacks (e.g. phishing)
The following types of bugs are out of scope:
- CSRF on forms that are available to anonymous users (e.g., signup, login, contact, Intercom)
- Self-XSS and issues exploitable only through Self-XSS
- Clickjacking and issues only exploitable through clickjacking
- Functional, UI and UX bugs and spelling mistakes
- Descriptive error messages (e.g. stack traces, application or server errors)
- HTTP 404 codes/pages or other HTTP error codes/pages
- Banner disclosure on common/public services
- Disclosure of known public files or directories, (e.g. robots.txt)
- Presence of application or web browser “autocomplete” or “save password” permission
- Email auth (SPF records, etc)
- User enumeration on login
Your privacy is important to us at Bizware. We want to be clear how we use your information, and the ways in which you can protect your privacy.
- What information we collect and why we collect it.
- How we use that information and when we disclose it.
- How to access and update your information.
- The steps we take to protect your information.
Information We Collect
1. Information you provide to us
We collect the following information:
Content: We collect and store content that you create, input, submit, post, upload, transmit, or store in the process of using our Services, including information from end users of any application that you develop using our Services and/or that we host on your behalf. Such content may include any personal or other sensitive information submitted using our Services, such as personal health information, and other information such as source code or regulatory compliance materials.
Other submissions: We collect other data that you may submit to our Services or us directly, such as when you request customer support or communicate with us via email or social media sites.
2. Information we collect from your use of our Services
Web Logs and Analytics Information: We record certain information and store it in log files when you interact with our Services. This information may include Internet protocol (IP) or other device addresses or ID numbers as well as browser type, Internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, your mobile carrier, and system configuration information. We and our analytics providers also collect and store analytics information when you use our Services to help us improve our Services.
3. Information we collect from other sources
Information from third party services: We may obtain information, including personal information, from third parties such as our partners and service providers, and combine it with other information we collect from you.
How We Use Information We Collect
We may use the information we collect for a variety of purposes, including to:
- Provide, operate, maintain, improve, personalize, and promote our Services;
- Develop new products, services, features, and functionality;
- Enable you to access and use our Services;
- Process and complete transactions, and send you related information, including purchase confirmations and invoices;
- Communicate with you, including responding to your comments, questions, and requests; providing customer service and support; providing you with information about services, including technical notices, updates, security alerts, administrative messages, or advertising or marketing messages; and providing other news or information about us and our select partners;
- Monitor and analyze trends, usage, and activities in connection with our Services; and
- Investigate and prevent fraudulent transactions, unauthorized access to our Services, and other illegal activities.
We may also use the information we collect for other purposes about which we notify you.
Information Sharing and Disclosures
We may share your information in the following ways:
With your express consent: We will share your personal information with companies, organizations, or individuals outside of Bizware when we have your consent to do so.
Your use: When you use our Services, certain features allow you to make some of your content accessible to the public or other users of the Services. We urge you to consider the sensitivity of any information prior to sharing it publicly or with other users.
Access by your Bizware administrator: Your Bizware account owner or HIPAA Security Officer may be able to:
- Access information in and about your Bizware account;
- Disclose, restrict, or access information that you have provided or that is made available to you when using your Bizware account, including your content; and
- Control how your Bizware account may be accessed or deleted.
Service Providers, Business Partners and Others: We may share your information with service providers and other third parties who perform services on our behalf, such as infrastructure, analytics, marketing, and advertising services. We provide your payment information to our service providers for payment processing and verification. Service providers such as analytics providers may collect information about your online activities over time and across different online services when you use our Services.
Compliance with Laws and Law Enforcement Requests; Protection of Our Rights: We may disclose your information (including your personal information) to a third party if:
- We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request;
- To enforce our agreements, policies and terms of service;
- To protect the security or integrity of Bizware’s products and services;
- To protect the property, rights, and safety of Bizware, our customers or the public from harm or illegal activities;
- To respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or
- To investigate and defend ourselves against any third-party claims or allegations.
Business Transfers: We may share or transfer your information (including your personal information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. We will notify you of such a change in ownership or transfer of assets by posting a notice on our website. An offer will be made to you for the purchase of the source code for the application service. This amount will be negotiated upon business transfer. (This ensures the safe-guard of your business running the application service).
Aggregate or Non-identifying Data: We may share aggregate or other non-personal information that does not directly identify you with third parties in order to improve the overall experience of our Services.
The Choices You Have With Your Information
You may decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of our Services. You may update or correct your personal information at any time by accessing the account settings page on the website or within our platform. You may opt out of receiving promotional communications from Bizware by using the unsubscribe link within each email. Even after you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us regarding the Services.
Our Services are not directed to individuals under 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us at firstname.lastname@example.org.
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at email@example.com.
This policy outlines: 1) Bizware’s security practices and resources, and 2) your security obligations.
Obligations under this policy (both ours and yours) are incorporated by reference into the Bizware Terms of Service.
Our documentation may specify restrictions on how the Services may be configured, or specifications for Enclave Container Services such as apps. You agree to comply with any such restrictions or specifications.
You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and routinely archiving Your Content. Bizware provides many built-in controls for you, as discussed herein. Where configurable or optional security controls (such as encryption) are offered as part of the Services, you are responsible for configuring or enabling those controls. You are ultimately responsible for determining whether the security controls applied to your Applications and data are sufficient for your requirements.
Bizware access credentials and private keys generated by the Services are for your internal use only. You may not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
Reporting Security Vulnerabilities
If you discover a potential security vulnerability, please see our policy on Responsible Disclosure. We strongly prefer that you notify us in private. Publicly disclosing a security vulnerability without informing us first puts the community at risk. When you notify us of a potential problem, we will work with you to make sure we understand the scope and cause of the issue. Thank you!
Without limiting any provision of the Bizware Terms of Service, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.
Our Security Practices
1. Data Center Security
1.A - Physical Security
Bizware's servers are housed in nondescript facilities. Physical access is strictly controlled both at the perimeter and at building ingress points by professional security staff utilizing video surveillance, intrusion detection systems, and other electronic means. Authorized staff must pass two-factor authentication a minimum of two times to access data center floors. All visitors and contractors are required to present identification and are signed in and continually escorted by authorized staff.
1.B - Environmental Security
Bizware's data center environmental controls include:
- Fire detection and suppression systems
- Redundant power systems, backed by Uninterruptible Power Supply units and generators
- Climate and temperature controls
- Active system monitoring
2. Network Security
2.A - Secure Architecture
Bizware's servers run in separate Virtual Private Clouds. Each server is an isolated network. Most services run in a private subnet. Only SSL/TLS endpoints and a bastion host are exposed to the Internet. Backend users connect to the stack through the bastion host, which restricts access to stack components and logs activity for review.
2.B - Firewalls
Public-facing Endpoints (which consist in part of a load balancer) are configured to allow traffic on all ports, but only listen on the specific ports required for functionality (e.g., 80 and 443 for an HTTPS Endpoint).
2.C - DDoS Protection and Mitigation
Bizware’s VPC-based approach means that most stack components are not accessible from the Internet, and cannot be targeted directly by a DDoS attack.
Bizware's SSL/TLS endpoints include an Elastic Load Balancer, which only supports valid TCP requests, meaning DDoS attacks such as UDP and SYN floods will not reach your layer.
2.D - Port Scanning
Bizware monitors and stops unauthorized port scanning. Because most of the server are private, and all hosts run strict firewalls, port scanning is generally ineffective.
2.E - Spoofing & Sniffing
The Bizware network prohibits a host from sending traffic with a source IP or MAC address other than its own. The Bizware hypervisor will also not deliver any traffic to a host the traffic is not addressed to, meaning even an instance running in promiscuous mode will not receive or be able to “sniff” traffic intended for other hosts.
2.F - Network and Host Vulnerability Scanning
Bizware scans both the Internet-facing network and private network of a master reference stack each month. Bizware is responsible for network and host security, and remediates adverse findings without customer intervention, however you may request a scan of your dedicated VPC and its hosts as needed for your own security assessments and audits.
3. Bizware Platform Security
3.A - Configuration and Change Management
For app services that have an SSL/TLS endpoint attached, Bizware performs a health check on the container set before promoting it to the current release. If the health check fails, the container set is not promoted. Either way, the deploy is zero-downtime.
3.B - Isolation
Dedicated Bizware environments are deployed on VPC-based dedicated stacks, isolated at the customer level. The VPC, network, underlying instances, and virtual infrastructure for your dedicated stack are not shared with any other tenant.
3.C - Logging and Monitoring
Bizware logs API activity, and host activity within your stack. Bizware monitors performance indicators such as disk, memory, compute, and logging issues, and automatically resolves them on your behalf.
3.D - Intrusion Detection & Prevention
Bizware will ensure the host agents run and can connect to your external management service.
3.E - Host Hardening
Bizware host operating systems are hardened based on the Center for Internet Security’s Security Configuration Benchmark for the OS and version in use. For all operating systems:
- Operating systems are installed on hosts only from bare images, and only via automated configuration management. Services installed can be enumerated upon request.
- Host password logins are disabled. SSH root keys are not permitted.
- No user SSH keys are permitted on hosts by default. Bizware internal workforce user access is configured only on a per-user basis, and only when necessary to provide customer support.
- Swap is disabled to avoid writing in-memory secrets to unencrypted volumes.
- Command history for shell sessions is disabled.
- Non-default SSH ports are used.
- No password-based services are installed automatically. Password-based services (such as PostgreSQL and MySQL) are provisioned only with unique, per-resource, Bizware-generated passphrases. No default passwords are permitted.
- Host security updates are automated.
- All host ports are opened only via whitelist.
3.F - Databases
Databases run in the database layer of your stack, on a private subnet accessible only from app or bastion layer. SSL/TLS is required if the database protocol supports it. Disk volumes backing databases are encrypted at the filesystem level using Bizware-managed AES encryption.
4. Bizware Business Continuity
4.A - Backups
Bizware automatically backs up several different types of data:
Customer app code and the container images built from that code are stored in private, redundant, access-controlled registries. Bizware recommends that you maintain the canonical version of your codebase in a distributed version control system. In the event of an app-level outage, Bizware automatically restores services from registry backups.
Customer metadata is stored in the Bizware APIs. This metadata includes customer account data (passwords, permissions, SSH keys), and Bizware configuration data, such as environmental variables. Backups are taken nightly and retained for one week.
Bizware customer database disks are automatically backed up nightly and retained daily for 90 days, and monthly for 6 years. No customer action is required. Two backup copies are kept: One in the region where the database runs, to facilitate fast disaster recovery; the other in a separate geographic region to protect against loss of the original region.
For Bizware databases like PostgreSQL or MySQL that support intermediate backups (e.g., write-ahead logs), Bizware configures these intermediate backups to span at least the time between daily backups, to enable fine-grained, point-in-time disaster recovery.
4.B - Fault Tolerance
Bizware data centers are clustered into regions, and sub-clustered into availability zones, each of which is designed as an independent failure zone, meaning they are:
- Physically separated
- Located in lower-risk flood plains
- Equipped with independent uninterruptable power supplies and onsite backup generators
- Fed via different grids from independent utilities, and
- Redundantly connected to multiple tier-1 transit providers
4.C - Disaster Prevention and Recovery
Bizware monitors the stability and availability of customer infrastructure and automatically recovers from disruptions, including app and database failures. In the event of a disaster, Bizware restores apps from the last healthy build image and restores data from the last backup. In the event of a database outage, Bizware will automatically recover the underlying database instance and disk. If the disk is unavailable, Bizware will restore from a backup. Raw database snapshots and restored database clones are available upon request for testing and recovery.
5 - Bizware Internal Security
5.A - Bizware Access
We do not access or use Your Content for any purpose other than for developing and operating the Services and as required by law. As a routine matter. Bizware workforce members are granted least-privilege access to customer environments only when a specific business need arises. Workforce members undergo criminal background screening before hire.
5.B - Security Management
Bizware conducts regular security and vulnerability assessments of stack hosts and our applications. Code undergoes automated testing and manual code review prior to being deployed to production. Our security team receives regular notifications of vulnerabilities and patches on a continuous basis.
Service Level Agreement
This Bizware Service Level Agreement (“SLA”) between Bizware. (“Bizware”, “us” or “we”) and users of the Bizware Services (“you”) governs the use of the Bizware Services under the provisions of the Bizware Terms of Service.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
1. Bizware Service Commitment: 99.95% Uptime
Bizware will use commercially reasonable efforts to make your Services running in Dedicated Environments available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”).
“Maintenance” means scheduled Unavailability of the Containerized Services, as announced by us prior to the Containerized Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Enclave Containerized Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Bizware’s fault. This excludes (a) containers that are unreachable or not running because the container’s provisioned resources (RAM, CPU, disk, as applicable) are insufficient; and (b) members of a database cluster where the cluster as a whole is running and reachable.
3. Sole Remedy
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services in accordance with the terms of this SLA.
4. SLA Exclusions
The Service Commitment does not apply to any Unavailability:
- That results from a suspension or Remedial Action, as described in the Terms;
- Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Bizware network;
- That results from any actions or inactions of you or any third party;
- That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
- That results from failures of Bizware Containerized Services not attributable to Unavailability; or
- That results from any Maintenance.
This policy outlines Bizware’s support practices and resources. It also identifies your support obligations to your customers.
Obligations under this policy (both ours and yours) are incorporated by reference into the Bizware Terms of Service.
We offer several options for technical support. All accounts get basic support.
Bizware support includes:
- Answering questions about Bizware services and features
- Advice regarding best practices for app deployment and architecture
- Troubleshooting Bizware services and products
- Limited support of third party applications, services and frameworks
Support Business Hours
Normal Bizware business hours are 8am-5pm South African time.
We may provide documentation for the Services and their use. Our documentation may specify restrictions on how Applications may be built or configured, or how Services must be configured. You agree to comply with any such restrictions as specified. Visit http://www.bizware.co.za for access to our support and documentation resources.
End User Support
You are responsible for providing customer service (if any) to End Users. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User for the provision of such services.
Bizware’s systems are continuously monitored by automated systems and health checks. In the event of any issue that adversely affects the performance, security, reliability, or integrity of the Services, we will receive notification and respond immediately. Check http://www.bizware.co.za for the current status of our services.