Terms and Conditions of Use - Connectivity to MAGNET

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1 I, as the Client, declare to have read and accepted the terms and conditions set out below for the use of the network connectivity to the Malta Government Network (MAGNET) provided by the Malta Information Technology Agency (MITA) (hereinafter referred to as Terms and Conditions ). 1. Definitions 1.1 For the purpose of these Terms and Conditions the following terms shall have the following meanings: (a) Client means the entities within the Public Sector as determined by MITA, including any subcontractors or agents appointed by the Client to provide services to the Client; (b) Government Information Systems means the software applications developed by MITA and/or Third Parties and hosted at MITA; (c) Permitted User means the individual accessing the Government Information Systems; (d) Service means the provision of network connectivity between the Client site and the MAGNET. 2. Scope 2.1 These Terms and Conditions cover the enrolment of the Client as a user in order to access the MAGNET through the connectivity services provided by MITA. 2.2 Access to MAGNET by the Client is necessary in order to access Government Information Systems that are owned by the Client and which are hosted on MAGNET. The enrolment to use the Service allows the Permitted User to access specific Government Information Systems or any other system as agreed between the Client and MITA. 2.3 The Client confirms that the Permitted User(s) is authorised to use the Service in his/her capacity as an employee of the Client or as a Third Party entity providing services to the Client and requiring access to the Government Information System. 3. Use of the Service 3.1 The use of the Service signifies agreement by the Client and the Permitted User to be bound by these Terms and Conditions. 3.2 These Terms and Conditions and any authentication credentials assigned to the Permitted User are personal and non-transferable. 3.3 The Service will be used solely for workrelated purposes. 3.4 The Permitted User will be given access to the Government Information Systems following the receipt of written authorisation by MITA from the Client as the owner or user of the system. Whenever this authorisation does no longer apply or is withdrawn by the system owner, the Client must ensure that any residual data which in some way appertains to the Government Information Systems is disposed of in a proper and orderly manner. 3.5 The Permitted User shall be given the minimum rights and privileges needed to execute his/her work arrangements. 3.6 The Client is responsible to ensure that the Service is used for the purposes stated herein only. 3.7 Only the Permitted User(s) listed in Appendix A is allowed to use the Service. 3.8 The Service is available on a 24x7 basis except during planned downtime for scheduled network maintenance, upgrade activities and unscheduled downtime. If a fault is reported to MITA outside normal office hours - it will be attended to during the next working day. Normal Working Hours will mean 08:00 am to 5:00 pm (CET) Mondays to Fridays (Winter time) and 08:00 am to 4:00 pm (CET) Mondays to Fridays (Summer time) excluding Public and national holidays (in Malta). Security Classification: <Insert Security Classification> 1 of 7

2 3.9 MITA reserves the right to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time. MITA will notify the Client in writing of such changes. Upon acceptance of the changes by the Client, MITA will send two (2) copies of the revised document to the Client who is required to sign the two copies of the revised document and return one copy to MITA. The continued use by the Client or the Permitted User of the Service after any changes to these terms and conditions will signify acceptance The Client is required to keep abreast of the latest versions of the associated policies, standards, guidelines and directives published on the MITA website. 4. Suspension / Termination of the Service 4.1 MITA reserves the right to refuse or terminate access to the Service if the Client or the Permitted User is in breach of these Terms and Conditions. 4.2 If a workstation within the control of the Client is infected by a virus and leads to performance degradation on the MAGNET, MITA reserves the right to disable the Service temporarily. 4.3 The Client acknowledges that in the event of security attacks originating from or using the Client s network or components thereof as a vector, MITA will reserve the right to disconnect the Service from the MAGNET. 5. Responsibilities of the Client 5.1 The Client will comply with all reasonable rules and instructions from time to time notified by MITA to the Client in relation to the use of the Service. 5.2 The Client will ensure that these Terms and Conditions: (a) are carefully read by the Permitted Users and the details set out in Appendix A correctly filled out for each of the Permitted Users making use of the Service; and (b) will be abided to by the Permitted User. 5.3 The Client is expected to carry out the following precautionary measures for any 2 of 7 workstation being used to access the Service and which is not permanently connected to the MAGNET: (a) Install the latest critical security updates for the operating system; (b) Install anti-virus software; (c) Update the virus definition files on the anti-virus software regularly and scan all the workstation s hard disks on a regular basis; (d) The virus signature file should be updated ideally before each login to the Service or, at least, once every week; (e) Disinfect the workstation and remove any viruses which are identified. 5.4 The Client must ensure that the Service is not used to create, display, produce or circulate any material in any form or medium that: (a) is liable to cause offence, including pornographic material or abusive or defamatory language; (b) breaches copyright; (c) could be considered to constitute sexual or racial harassment; (d) discriminates on the grounds of race, gender, disability, sexual orientation, marital status, political or religious belief. 5.5 The Client will be solely responsible for ensuring that the Permitted User is trustworthy. 5.6 The Client must inform MITA about any change in the relationship between the Client and the Permitted User or when the Permitted User is no longer authorised to represent the Third Party entity for the purposes laid down in these Terms and Conditions. 5.7 The Client will be solely responsible for the selection, implementation and maintenance of site security procedures and policies that are sufficient to ensure that: - (a) the Service is used only for authorised purposes; (b) the Government Information System is protected against improper access, use, loss, alteration or destruction; and (c) during the provision of the Service there is no network connection with third-parties. 6. Liability

3 6.1 Except as otherwise set forth in these Terms and Conditions, MITA gives no warranties, nor makes any representations, express or implied with respect to the Service and, without limiting the generality of the foregoing, all implied warranties of satisfactory quality or fitness for a particular purpose are hereby expressly excluded. 6.2 The Client will be solely responsible for the use of the Service and will indemnify and hold harmless MITA and its officers, directors, employees, agents and subcontractors from and against any and all losses, costs, claims, damages and liabilities incurred by MITA caused by, or in any way connected with the unauthorised use of the Service by the Client or the Permitted User or any breach of these Terms and Conditions or any negligent or wrongful act of the Client or the Permitted User. 6.3 MITA will not be held liable for any losses, or expenses of whatever nature, resulting from the unavailability of the Service at any time. 6.4 Neither party will be liable for any failure to perform its obligations if such failure results from any act of God or other cause beyond such party s reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents such party from transmitting or receiving any information. 6.5 MITA will not have any responsibility for ensuring the protection of third party information. The third party shall be entirely responsible for providing the appropriate security measures to ensure protection of its private internal network and information. 7. Confidentiality 7.1 MITA and the Client acknowledge that by reason of their relationship to each other each will have access to certain information and materials concerning the other s technology and products that is confidential and of substantial value to each party, which value would be impaired if such information was disclosed to third parties. Each party agrees that it will not use in any way for its own account, nor disclose to any third party, any such confidential information revealed to it by the other party. 8. Monitoring and Audit of Network Connections 8.1 The Client acknowledges that recording software will be used in order to monitor the use of the Service. Security logs and event logs will be maintained of all connections and of all activities made while using the Service. 8.2 All aspects of the Client s network connections up to, but not including Third Party entity firewall, will be monitored by the appropriate MITA network support group. Where it is possible, automated tools will be used to accomplish the auditing tasks. 8.3 The Client will ensure that its subcontractors or agents provide access to their premises, equipment and network connections connected in any way to the provision of the Service, if MITA has justifiable reasons to carry out a security audit. Clause 7 ( Confidentiality ) will also apply where information belonging to the Third Party entity is accessed during the course of the security audit. 9. Termination 9.1 These Terms and Conditions will remain in force until terminated by either party. Either party may terminate these Terms and Conditions for convenience by providing not less than thirty (30) days prior written notice, which notice will specify the effective date of termination. 9.2 Either party may also terminate these Terms and Conditions by providing not less than thirty (30) days prior written notice upon the other party s breach of these Terms and Conditions. 3 of 7

4 References Connectivity to MAGNET (Malta Government Network) GMICT Policy Connectivity to MAGNET (Malta Government Network) GMICT Standard Connectivity to MAGNET (Malta Government Network) GMICT Directive Client s Particulars Name and Surname: Position: ID Number / Passport No.: Contact No. (Phone or Mobile): Address: Signature: Date: 4 of 7

5 Appendix A The Responsibilities of the Permitted User I, as the Permitted User, declare to have read and accepted the following responsibilities for the use of the network connectivity to the Malta Government Network (MAGNET) provided by the Malta Information Technology Agency (MITA). 1. Scope 1.1 These responsibilities cover the provision of the connectivity services provided by MITA in order for the Permitted User to access Government Information Systems that are owned or used by the Client and which are hosted on MAGNET. sequence of characters that is predictable for any other person to recognise. Passwords should never be shared and/or disclosed to anyone. 2.7 The Permitted User must type the password each time the Service is used. Password remembering facilities must not be used such as caching of passwords on one s workstation. 2. Responsibilities 2.1 The Permitted User will be assigned unique user authentication credentials by MITA as required by the Service or the Government Information Systems being accessed. 2.2 The Permitted User will comply with all reasonable rules and instructions from time to time notified by MITA to the Client in relation to the use of the Service. 2.3 The Permitted User is responsible for the security of his/her own system. MITA will not accept any liability for any harm resulting from the use of the Service and/or the Government Information Systems. 2.4 The Permitted User undertakes to maintain these credentials as private and confidential information. 2.5 A workstation with an open connection should not be left unattended, particularly if the Permitted User is directly logged onto a server. Screen savers, workstation locking, or automatic logoff shall be used where available to prevent unauthorised use. 2.6 The Permitted User must not choose passwords by using a pattern or a 2.8 The Permitted User is responsible for the configuration and use of the software on his/her computer. 2.9 The Permitted User cannot play games or download large files using this service as breach of this condition can lead to access to the Service being terminated. The Permitted User cannot browse the Internet or read electronic mails while using the Service unless this activity is explicitly required to support the Government Information Systems to which the Permitted User was granted access Should a Permitted User think that his/her account has been compromised, the MITA Service Call Centre will be immediately notified on (356) on a 24x7 basis The Permitted User will be responsible for the proper use of the connectivity service including the security token provided by MITA as part of the service, in accordance with the terms and conditions set herein. MITA reserves the right to take any action, including legal action if necessary, against the Permitted User in case of unauthorised use of the service or any negligent or wrongful act of the Permitted User. 5 of 7

6 Permitted User s Particulars Name and Surname: Ministry/Organisation Name: Ministry/Organisation Address: Position: ID Number / Passport No.: Contact No. (Phone or Mobile): Address: Signature: Date: 6 of 7

7 Appendix B Description of Government Information System/s System/s being accessed by The Permitted User Please fill in all the requested details, sign the agreement and initial each page. The Data Protection Act, 2001 regulates the processing of personal data whether held electronically or in manual form. MITA has a legal duty to respect and protect any personal information; thus personal data and moreover Sensitive Data we collect from you and which has been entrusted to us will be treated by such duty. MITA strives to observe the law in all collection and processing of personal and sensitive data and will meet any data subject access request in compliance with the law. We will use data in ways relevant to carrying out our legitimate purposes, which is not prejudicial to the interests of individuals. We take all safeguards necessary to prevent unauthorised access and we do not pass on your details collected from you, to any third party unless you give us your consent to do so. 7 of 7

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