Terms of Service (TOS) Nexus Digital Desktop October 2018

Glossary

  • “End User” is defined as the physical person that uses and/or exploits any of these services or software.
  • “Client” is defined as the physical or morally obligated entity that has purchased any of the services and components desired.
  • “Manufacturer” is defined as the commercial entity who owns the intellectual property of the brand, architecture and implementation of both “Digital Desktop”, “Nexus” and owns all rights to any modifications or corrections that may occur, as well as general ownership.
  • “Provider/Supplier” is defined as the physical person or morally obligated entity who supplies components, services, systems which are used to operate, access, administer, configure and implement the “Nexus” architectures (e.g. Microsoft and Microsoft Azure, Intune, Azure Active Directory, Office 365, Forefront Identity Manager among others.)
  • “Nexus” is defined as the service of architecture and its implementation, configuration and adaptation of technological components granted by the manufacture, hereinafter, C&A Systems S.A. de C.V. to provide the functionality and service of “Centralization of Access to Applications, Application Virtualization, Single Sign-On and Multiple Authentication Factor”.
  • “Administrative Services” is defined as the set of services of which are composed of technology, processes, procedures and specialized human resources that are delegated, planned, executed and managed by an independent third party of the client, or end user, to ensure proper operation.
  • “TOS-NEXUS” are the Terms of Service, of which govern a regulate Nexus as a service.
  • General Terms

    “NEXUS” is offered as the service of architecture and its implementation, configuration and adaptation of technological components to provide the client with the functionality of the centralization of access to applications, application virtualization, single sign-on and multiple authentication factor together.

    The client will receive the services as expressed in this document and their respective commercial proposal issued by C&A Systems. C&A Systems reserves all rights of ownership of the Nexus brand name.

    The client has the right to request the integration of whichever number of applications to provide them with the centralization of access to applications, application virtualization, single sign-on and multiple authentication factor, if they meet at least one type per requirement:

    RequirementType:
    Architecture
  • On-Premises (Windows Server)
  • Cloud (Microsoft Azure)
  • Software Design
  • Client / Server
  • Web Applications
  • Authentication Methods
  • Identity authentication via Windows Server Active Directory
  • Identity authentication via Azure Active Directory
  • Identity authentication through a separate database and its authentication method can be integrated with Forefront identity Manager
  • C&A Systems is not responsible for making the configurations or adjustments to the applications for fulfillment of the previous requirements unless it is considered as part of a service proposal, in which case the proposal must integrate the price or economic value of such adjustments, configurations, or modifications.

    For each application that requires the Nexus architecture, a technical review and feasibility evaluation must be carried out, which will not generate a charge or economic value for it and does not imply commitment to any of the parties (client or manufacturer) to acquire or grant such service unless both parties consider it pertinent through the formalization and protocolization of a respective contract and a technical/economic proposal.

    The client and end user will have the right to continue to use the architecture once the applicable contract is completed, however, if it is their desire to integrate additional applications into the Nexus architecture, you may request the recruitment of a new application integration which will have to be reviewed and evaluated for a technical/economic proposal.

    C&A Systems does not possess any property from the data generated and information of the client and end user obtained before, during and after the service. C&A Systems is not responsible for the use of information, components, availability, integrity or confidentiality obtained by software suppliers.

    The client, end user and/or suppliers do not have rights to the Nexus brand name or any third-party service or software that is required for its functionality in which belong to its respective supplier, reseller or owner.

    Microsoft Corporation reserves all rights and trademarks, which C&A Systems has no ownership and/or relationship whatsoever.

    Updates and Corrections

    C&A Systems may recommend or implement new updates or additions of security, functionality or bug fixes to the architecture with prior notification to the customer and/or end user, identifying the risk, motive, objective, affectations or implications to consider.

    These updates, adjustments or configurations not identified in the respective technical and/or economic proposal will be considered out of reach, so the identification of future requirements should be considered as independent services.

    These updates, adjustments or configurations that are detected by omission or negligence attributable to C&A Systems must be solved after agreed dates, spaces and requirements on both sides.

    Any updates, adjustments or configurations that are detected by omission or negligence attributable to the client or end users shall not imply an obligation of C&A Systems for its execution or remediation.

    Honor Policy

    The customer, end-user, or people who access the service may NOT use it:

    In a manner prohibited by law, Regulation, decree or governmental order;

    To infringe the rights of other people;

    Unethical use of the information stored in the software or service;

    In a way that could cause damage to the service, C &A Systems or the client;

    The infringement of these terms may result in the suspension or cancellation of the service during the duration of the term, so C&A Systems must inform in advance of 7 calendar days the suspension of execution of suspension activity or any term.

    The previous will not result in commitment on the part of C&A Systems for a partial or total refund of any consideration in exchange for the use of the service, without prejudice to any contractual indication of both parties in the event of an anticipated termination of contract.

    Technological Requirements

    The client shall comply with — and shall refrain from circumventing — all the technical limitations, present in the service, which only allow the client to use the service in certain ways, other than those permitted. The customer must provide or fail to acquire the technological components, services or software necessary for the correct operation and functionality of the Nexus architecture.

    If necessary C&A Systems must provide a list of requirements and technological components to be fulfilled by the client for the use of the architecture, among which are highlighted in the following:

  • Microsoft Azure
  • Microsoft Multiple Authentication Factor
  • Microsoft Forefront Identity Manager (FIM) o Microsoft Identity Manager (MIM)
  • Microsoft Remote Desktop Services
  • Microsoft Office 365
  • Microsoft Azure Application Proxy
  • Microsoft Windows Server Active Directory
  • Microsoft Enterprise Mobility + Security
  • Microsoft Azure Active Directory Premium
  • Electronic Notifications

    C&A systems may provide the customer with information and notifications about services electronically, including by e-mail, through the service portal or through a website that C&A Systems identifies. A notification shall be deemed to be delivered the date of which C&A Systems make it available.

    Privacy Policy and Security

    Client data will be used only to provide the client with services, including purposes compatible with the provision of such services. C&A Systems will not use the customer data — nor derive information from them — for purposes other than the proposal or similar commercial purposes. As far as the parties are concerned, the client retains all rights, ownership and interest in the data thereof. C&A Systems does not acquire rights over the client’s data, except for the rights the client grants to C&A systems to provide its services. This paragraph does not affect C&A systems ' rights to the software or services that C&A systems licenses to the customer.

    Data Protection Act

    The service will always be regulated under the statutes of the Federal Law of protection of personal data in possession of the individuals, and what it entails.

    Security

    C&A Systems is committed to protecting client information. C&A Systems has implemented, maintained and will follow appropriate technical and organizational measures with the aim of protecting client data against accidental or unauthorized disclosure, alteration, loss or destruction of the information during the integration of the applications and the Nexus architecture. As a normal product of the use of the respective applications or software of the suppliers or by the operation of the clients and their end users, C&A Systems is not responsible for protecting and securing the information that is generated after the integration of the applications and architecture is completed.