TIMICO LIMITED SERVICE SPECIFIC SCHEDULES

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1 MANAGED DEDICATED SERVERS DEFINITIONS In this Service Specific Schedule, the following expressions shall have the following meanings unless the context otherwise requires: Bug Patch Bug Update Customer Installed Software and Applications Data Centre Infrastructure Data Centre Network Data Transfer Allowance Dedicated Managed Servers Service Dedicated Server Internet Connectivity Kernel Patch Kernel Update any patch that the Operating System supplier releases to update or patch a known bug in the software any update that the Operating System supplier releases to update or patch a known bug in the software the software and applications that the Customer chooses to install onto the Customer s server once set up has been completed by the Supplier the physical fabric of the Supplier s data centre including racks, cabling, cooling and power the switching and routing infrastructure used to provide the Dedicated Server with Internet Connectivity the allocation of data that can be transferred over the Internet within each month as set out at paragraph 1 of this Service Specific Schedule the lease of a physical, rack mounted server, residing within the Newark Data Centre, that is not shared with any other customer the connectivity use (e.g. broadband, Ethernet, Supplier s Data Centre Network) to perform backups any patch that the Operating System supplier releases to update or patch a known issue with the Operating System Kernel (central component of the Operating System) any update that the Operating System supplier releases to update or patch a known issue with the Operating System Kernel (central component of the Operating System) Timico Limited 2014 Page 1 DOC v2 October 2014

2 Managed Newark Data Centre Operating System Patch Management Security Patch Security Update Supplier Installed Software and Applications where the Supplier is responsible for updating all Supplier Installed Software and Applications, plus Patch Management of the Operating System the Supplier s purpose built data centre facility located in Newark, Nottinghamshire the software layer used to manage the server hardware. This can be installed at base level by the Supplier (if on our approved list) or by the Customer the performance updates and patches on the server Operating System and shall operate on the basis set out in the Order Form a type of patch that is performed when the Operating System manufacturer determines security is at risk without it a type of upgrade that is performed when the Operating System manufacturer determines security is at risk without it the software and applications that have been installed by the Supplier inclusive to the Dedicated Managed Servers Service as stated in the Order Form 1. SERVICES SUPPLIED 1.1 The Supplier shall provide the Customer with sole use of a rack mountable server and usage of the Data Centre Infrastructure and Data Centre Network of the Newark Data Centre. 1.2 The Supplier shall install the base level Operating System onto the Dedicated Server and be responsible for the Patch Management of the Operating System. 1.3 The Supplier will manage Supplier Installed Software and Applications as listed in the Order Form. The Customer shall be responsible for the management of any software or applications not listed in the Order Form. 1.4 The Dedicated Server model (including processing power, memory and storage) and Data Transfer Allowance is stated within the Order Form. 1.5 The Supplier will provide public Internet Connectivity. Responsibility for ensuring Dedicated Server security is deployed lies with the Customer. Managed firewall services are available as an additional service. Timico Limited 2014 Page 2 DOC v2 October 2014

3 1.6 It is the responsibility of the Customer to ensure that all data is backed up (including the Operating System if required). Secure online backup can be provided by the Supplier an as additional service. 1.7 The Dedicated Server will remain the property of the Supplier at all times and only the Supplier s qualified technicians will have physical access to the Dedicated Server. 2. USE OF THE SERVICES 2.1 Root access will be made unavailable to the Customer when required to allow the Supplier to manage any Operating System Patch Management or Supplier Installed Software and Applications. The Customer will retain access to the management interface for out-of-band server management. 2.2 The Supplier may install software and applications at the Customer s request that require root access but these will not be managed by the Supplier unless otherwise stated in the Agreement. 2.3 The Supplier will be responsible for the installation of the Dedicated Server into a rack within the Data Centre Infrastructure and providing connectivity to the Data Centre Network. 2.4 If the Customer detects a service fault, using the Supplier s monitoring or through the Customer s finding, the Customer must inform the Supplier as soon as possible. 2.5 Use of the Internet by the Customer is subject to the Acceptable Use Policy. If breached, the Supplier reserves the right to a) discontinue the Dedicated Managed Servers Services (in which circumstances, for the avoidance of doubt, the Customer shall continue to pay the Charges) or b) terminate this Agreement pursuant to [clause 14.4] [where using the Enterprise Terms] / [clause 11.4] [where using Small Business Terms]. 2.6 If a hardware reboot is required it should be remotely actioned by the Customer through the management interface supplied. In the event that the Customer cannot perform a remote reboot, the Supplier will perform a reboot under the inclusive service reboots policy. The Customer shall be required to provide twenty four (24) hours notice of its requirement. However, emergency or service affecting requests will be given priority and the Supplier will use reasonable endeavours to carry them out as soon as possible. Requests for reboots must be made with the Supplier s technical support team. 2.7 It is the responsibility of the Customer to perform any maintenance tasks, updates or patches to Customer Installed Software and Applications. The Supplier does not take responsibility for the management of any Customer Installed Software and Applications. 3. CHARGES 3.1 If any excess installation costs are incurred as described in paragraph 1.3 these will be detailed to the Customer during the installation. If the Customer does not agree to these charges then the Customer shall have the option to: Timico Limited 2014 Page 3 DOC v2 October 2014

4 3.1.1 (where the Managed Dedicated Servers Services are to be provided to only one (1) site), terminate this Agreement and pay the No Proceed Fee; or (where the Managed Dedicated Servers Services are to be provided to more than one site) cancel the requirements for such Managed Dedicated Servers Services at one or more sites but not all sites contemplated by this Agreement. For the avoidance of doubt, should the Customer proceed under this paragraph 3.1.2, the Agreement shall remain in full force and effect and the Customer shall pay the No Proceed Fee in respect of the cancelled sites. 3.2 If any additional excess costs are incurred by the Supplier during installation, which were not reasonably foreseeable, the Supplier reserves the right to pass these costs onto the Customer. 3.3 If the Customer cancels the Managed Dedicated Servers Services prior to installation, but after the Supplier has committed to an agreed installation date the Customer shall pay the No Proceed Fee. 3.4 The monthly Data Transfer allowance is as set out in the Order Form and the Supplier reserves the right to charge for any excess usage incurred and to contact the Customer to discuss a better suited package. 4. SERVICE LEVEL AGREEMENT 4.1 The Supplier shall use its reasonable endeavours to provide the Dedicated Managed Servers Services within five (5) Business Days. In all cases these times are measured from when a request is received from the Customer in writing along with any specific technical details necessary for completion of the task. 4.2 The Supplier will use reasonable endeavours to complete the installation of additional listed software following completion of initial set up within five (5) Business Days. Installation of software that is not listed in the Order Form as supported by the Supplier will be quoted upon request. 4.3 Installation of the Managed Dedicated Servers Services will take place between the hours of 09.00am 17.30pm, unless otherwise agreed between the parties. Out of hours installation may be available but the Supplier shall be entitled to levy additional charges. 4.4 The Supplier is responsible for ensuring that the Dedicated Server provided to the Customer is in good working order and built to the specification agreed within this Agreement. 4.5 [Subject to the provision of clause [11] [DRAFTING NOTE: where using the Enterprise agreement] / [9] [DRAFTING NOTE: where using small business terms] of this Agreement,] and provided that the Supplier does not provide back up services to the Customer pursuant to a specific Service Specific Schedule under this Agreement or any other agreement (in which case any provisions relating to liability for data loss contained in such service Specific Schedule (if any) shall take priority over this paragraph 4.4 in the event of an inconsistency or conflict) under no circumstances will the Supplier be responsible for the loss of any Customer data, either from the result of a fault or any other cause Timico Limited 2014 Page 4 DOC v2 October 2014

5 or for the transfer of data from one (1) Dedicated Server to another in the event that the Supplier provides a new Dedicated Server following total service loss. 4.6 The Supplier shall manage patches and updates to the Operating System for the Customer as set out in the Order Form and will advise the Customer when an update or patch will be performed and when it has been completed The Supplier has a set of updates and patches that will be made available to the Customer. These will include Security Updates, Kernel Updates and Bug Updates and Security Patches, Kernel Patches and Bug Patches Security Updates and Security Patches will be pro-actively scheduled by the Supplier once made available to the Supplier by the relevant vendor. However, as standard, Bug Updates and Kernel Updates will not be performed until the requirement has become apparent to the Customer and the Customer has notified the Supplier of the same. The Customer therefore agrees to notify the Supplier about any Bug Updates, Kernel Updates, Bug Patches or Kernel Patches that it requires The Customer agrees that Patch Management will be applied to the Operating System only and will not involve any changes to the applications of the Dedicated Server and agrees to perform any necessary server reboots upon completion of an update The Customer agrees that the Supplier may perform all Security Updates, Kernel Updates, Security Patches and Kernel Patches as are available. In the event that an application is affected by a successful update or patch, the Customer shall be responsible for identifying why and fixing any issue If the Customer wishes for the Supplier to fix any issue that is affecting an application, this will be chargeable and agreed by both parties All updates and patches will be performed within an allocated maintenance window. The Supplier will provide a minimum of forty-eight (48) hours notice for all updates and the standard maintenance window will be between the hours of 11am 4pm on the advised date. Notice will be provided by and through the Service Status site If the Customer does not want a standard Bug Update, Kernel Update, Bug Patch or Kernel Patch to be performed, they must contact the Supplier no less than twenty-four (24) hours prior to the commencement of the maintenance window referred to at paragraph above. If notice is not received, the Supplier will proceed as part of the Patch Management service being provided The Supplier will notify the Customer when updates or patches have been successfully completed In the event that the Supplier is unable to deploy any updates or patches, the Supplier will notify the Customer. Timico Limited 2014 Page 5 DOC v2 October 2014

6 5. SERVICE AVAILABILITY AND PERFORMANCE 5.1 The monthly availability target is 99.99% based on a standard thirty (30) day month. The following formula shall be used to calculate the monthly availability. Monthly Availability (%) = (30 x 24 x 60) (Total Unavailable Time in minutes) x 100 (30 x 24 x 60) 5.2 The components included within the availability target are: Data Centre Network Data Centre Infrastructure Dedicated Server 5.3 The components not included within the availability target are: Online Backup Service Tape Rotation Services Firewall Operating System Antivirus Internet Connectivity 5.4 The Supplier may be required to perform maintenance on the Data Centre Infrastructure and Data Centre Network to provide optimal performance and security. Full details of the Maintenance Policy can be found within the Timico Service Promise document. 6. SUPPORT LEVELS AND FAULT RESOLUTION 6.1 All details of the opening hours for technical support can be found in the Timico Service Promise document. 6.2 In the event of a fault with the Dedicated Server, the target time to repair (TTTR) is one (1) hour. The Supplier will use reasonable endeavours to repair any faulty component. However, if this is not possible the Supplier will offer a replacement Dedicated Server of the same or superior specification for the remainder of the Term within one (1) Business Day from receipt of the initial fault report. Timico Limited 2014 Page 6 DOC v2 October 2014

7 6.3 This TTTR is measured from the time when the Supplier first detects the fault or is notified of it by the Customer to the time when the Customer is informed of the resolution via or phone call. 6.4 If the Customer needs a task performing that requires root access, the Customer must contact the Supplier s technical support team who will qualify the request and carry out the task on behalf of the Customer as part of the Dedicated Managed Servers Service. 7. EXCLUSIONS 7.1 The following time periods are not included in Unavailable time calculation: any scheduled or emergency maintenance windows as described in this document the time taken to restore application data by the Customer unavailable time caused by Customer misuse of the Dedicated Managed Server Service such as using non-certified software, in-appropriate use or a service quality issue with Customer Installed Software and Applications unavailable time caused by suspension or termination of the Dedicated Managed Server Service as required by law or governmental authority or as otherwise permitted pursuant to the terms of this Agreement Unavailable time caused by any unauthorised change made to the Dedicated Server through administrator access by the Customer Unavailable time caused by any Customer network change, customer work or customer maintenance windows Unavailable time caused when the Customer has requested changes to the Dedicated Managed Server Services 7.2 [Subject to the provisions of clause [11] [DRAFTING NOTE: where using the Enterprise agreement] /[9][DRAFTING NOTE: where using small business terms], the Supplier will not be held liable for any losses, liabilities, damages, costs or expenses incurred by the Customer due to any patches or updates that have been missed at the Customer s request. 7.3 If the Customer has chosen to have a Managed Firewall or Data Vault backup with their Managed Server, these will be subject to dedicated Service Specific Schedules either as part of this Agreement or a standalone agreement. Timico Limited 2014 Page 7 DOC v2 October 2014

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