V1.5. Standard Terms & Conditions and Service Level Agreement

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1 Standard Terms & Conditions and Service Level Agreement

2 Datacentreplus provides a number of services from our Manchester Data Centre. Dedicated Servers: Units that are built to our high specification or to a client s bespoke requirements Colocation: Provision of space, power, cooling, and physical security for the server, storage, and networking equipment Backup & storage: The provision of hardware and connectivity to enable remote storage and retrieval of client data. The Service Level Agreement outlined in this document will apply to all customers where the above services are being provided by Datacentreplus Technical support All requests for technical support will be logged using the Datacentreplus centralized ticketing system to enable us to appropriately assign and track the progress of your request. Staff will coordinate with customers to complete all tasks. Customers will be informed by from the ticketing system when requests have been completed. How to Contact Us Datacentreplus Normal Helpdesk Hours Monday to Friday 8:00am 6:00pm Please --- support@datacentreplus.co.uk For any issue requiring immediate attention Priority Definition Maximum Response Time 1 Critical failure 30 mins No connectivity to server Hardware failure (for dedicated servers) 2 Medium Issue 1 Hour Issue does not have a significant impact on productivity (e.g. slow connection). 3 Low Changes request, monitoring or information requests. (e.g. hardware upgrade, traffic monitoring). 2 Hours

3 SLA for Dedicated Servers 24/7 Support for hardware failure. 2 hour hardware replacement promise. Remote hands/reboots available during normal opening hours. We offer more comprehensive support packages tailored to your requirements, please contact us for more details. Hardware Guarantee 2 hour hardware replacement on all standard-build servers* Parts and Labour included we will replace any failed component at no additional cost to the customer. *This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems, processors and applications. In the event of a hard drive failure, we will give you reasonable assistance to recover data but please be aware that it may not be possible to restore data and it is your responsibility to back up data. Please speak to one of our advisors for backup options that we can provide. Remote Access for Co-Location Customers 60 minutes notice required for remote access during normal opening hours. 2 hours notice required for remote access outside normal opening hours. Access only available for pre-authorised personnel. Credit for SLA breach Where Datacentreplus is unable to maintain the agreed SLA with the customer the below service credits will apply. Actual Infrastructure Availability per Month Infrastructure Availability Service Credit 99.9% % credit < % credit < % credit < % credit Network Guarantee Datacentreplus provides a 99.9%* connectivity Guarantee for all Data Centre customers. *Network unavailability will not include service loss which is caused by: a) Scheduled Network Maintenance b) Acts or Omissions of the Client c) Use of any software applications by the Client

4 d) Client Equipment failure or incorrect set-up. e) Use of the service that is in breach of our Terms and Conditions or Acceptable Use policy. f) Unavailability of third party telecom provider services. g) Actions of third parties which are beyond the reasonable control of Datacentreplus. h) Reasons of Force Majeure or situations beyond the reasonable control of Datacentreplus.

5 Maintenance Datacentreplus will provide customers 5 working days notice for any scheduled maintenance. Services may not be available during the maintenance periods. Escalation If the customer feels an SLA has been breached or requires escalation of a particular issue. The below persons should be contacted 1 st Level Escalation Syed Ali Data Centre Manager Syed.ali@datacentreplus.co.uk Client Responsibilities It is the client s responsibility to set up their systems so you do not harm the integrity or security of our infrastructure. Failure to conform to this may result in restriction of service or, if constantly flouting the terms and conditions, may result in suspension of services and cancellation of the contract. This includes the sending of so-called spam material. The Client must not use the service for the hosting or dissemination of illegal material. The Client agrees to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene or otherwise prohibited by law in the United Kingdom. The Client understands that breach of this may lead to investigation and possible prosecution by the relevant authorities. The Client must not gain or attempt to gain unauthorised access to any computer systems for any purpose. In addition to being a breach of this Agreement, such action may lead to criminal prosecution under the Computer Misuse Act. For us to provide uninterrupted service, all invoices must be paid on time and we reserve the right to either restrict, suspend or terminate our services for failure to pay. If you are a co-location customer, we additionally reserve the right to withhold access to remove your equipment until unpaid invoice(s) are paid and/or exercise the right to sell the equipment to recover our costs if invoice(s) remain unpaid for more than 60 days. Unless stated otherwise, you may end your agreement by giving us 30 clear days notice. Liability If Datacentreplus has failed to provide the agreed services the maximum liability in respect of such loss shall not exceed the the amount of the payment made by the Client to Datacentreplus in respect of the charges for the Services.

6 Under no circumstances can Datacentreplus be held liable for 3 rd party or consequential losses. The Client shall indemnify Datacentreplus against all losses and damage costs incurred or suffered by us as a result of the Client s or its agents, employees or sub-contractors breach of any of the obligations of the Client. Datacentreplus will not be liable for any breach or loss of data suffered by a Client as a result of unauthorised access by others, except where such access is committed as a result of unauthorised or fraudulent actions by our employees or agents. It is strongly recommended that Clients implement their own firewall and/or additional security measures as may be appropriate, including encryption of sensitive data. Datacentreplus will incur no liability for loss as a result of our compliance with a court order. Definitions Hardware Network Infrastructure Availability Outage SLA Credit Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with any server supplied by us. All routers, switches and cabling inside the Data Centre. Network infrastructure is defined as the portion of the network extending from the outbound port on your cabinet switch to the outbound port on the border router. Means the monthly percentage of time during a calendar month during which the Service is not subject to an outage Means the accumulated time for which Datacentreplus Infrastructure or component is not functional or available to an extent that materially impairs Customer's ability to use the Service. An Outage will commence when Datacentreplus opens an incident in its ticketing system, whether as a result of Datacentreplus monitoring or notification from the Customer and ends when the incident is resolved. Means an amount deducted from fees billed to Customer in the event of a Service Level Failure set forth in this SLA

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