1 Schedule 2Z Virtual Servers, Firewalls and Load Balancers Definitions Additional Charges means the charges payable in accordance with this schedule. Customer Contact Centre means Interoute s Incident management centre, which operates the Interoute Network Management System and Hosting Management System. Customer Serviced Software means software installed on a Hosted Device and managed by Customer. Emergency Maintenance means unforeseen works which are required by Interoute to ensure the reliable function, availability or security of any system, network or infrastructure and must be completed as soon as possible to minimise significant risks, to which Interoute or its customers may have increased exposure should works follow a planned maintenance procedure. Hardware means a physical, virtual (software emulated) or shared device. Hosting Device means Hardware devices or Virtual Devices required to make up a Hosting System. This includes servers, storage, firewalls, switches and load balancers. Hosting Management System means Interoute s hosting integrated Incident management system. Hosting Service means the Managed Hosting Service the elements of which are described in this Schedule. Hosting System means the entire Hardware and software which comprises the Customer s hosted solution under Interoute management. A Hosting System can consist of one or more Hosting Devices (e.g. servers, storage, firewalls, load balancers, etc), Operating Systems, application software, Customer data and Interoute services. Incident has the meaning according to the ITIL v3 framework. Interoute Serviced Software means software installed on a Hosted Device and managed in part or in full by Interoute. Interoute Serviced Software includes, but is not limited to, Operating System, Backup Software, Anti Virus Software and Monitoring Software. Operating System means a software intermediary between application programs and Hardware (or virtual hardware) for the allocation and control of Hardware and common system resources. Specifically it does not include any applications, services or functions that do not serve this purpose, regardless if the applications or functions are available or included in the distribution of the Operating System. Recovery Point Objective or RPO means the maximum amount of acceptable data loss when recovering from failure. Recovery Time Objective or RTO means the maximum amount of time required to recover to a Recovery Point defined within the RPO. SLO means Service Level Objective Virtual Devices a partition on Public Cloud or Private Cloud infrastructure acting as an independent Hosting Device. 1 PROCUREMENT AND OWNERSHIP Interoute will provide all Hardware for the Hosting System Licensing and Service Provider License Agreements (SPLA) Managed servers will include relevant licensing for backup, monitoring and any other Interoute Serviced Software. Interoute has partnered with VMware and Microsoft as vendors under their relevant usage based SPLA programs. Unless specified, where Interoute provides licensing from these vendors, licensing will
2 be included within the Monthly Charge. Licenses are treated as monthly rentals of software. Upon termination of the Service, licenses granted to the Customer must be returned to Interoute. Where Interoute provides licensing under a SPLA, the license granted to the Customer is subject to the terms and conditions of the SPLA, which will be provided to the Customer by Interoute upon request. 1.2 EQUIPMENT HOUSING Interoute is responsible for the installation of all Equipment incorporated into the Hosting System Interoute is solely responsible for the choice of the exact location of the Equipment in the Premises. Only authorised Interoute personnel will have access to the Equipment and systems. 2 SERVICES 2.1 IP ADDRESSES Interoute shall provide, as standard, one IP address per Virtual Device in accordance with RIPE regulations. 2.2 VIRTUAL SERVERS Operating System Installation Interoute will install and configure the Operating System according to Interoute standards and normal industry practice. Interoute may configure disk partitioning as it deems appropriate for installation. The Customer agrees not to use the Operating System disk partition and associated partitions required by the Operating System for Customer data Interoute Serviced Software Installation Interoute is responsible for the installation, support and servicing of all Interoute Serviced Software including; backup client for the backup of the Operating System and any flat file data, according to Interoute standards and industry practice. anti-virus software onto all new Windows server deployments. Interoute will not install Anti- Virus software onto Unix and Linux servers. monitoring tools. The Customer agrees not to access Interoute serviced software or modify any configuration without prior consent from Interoute Software Upgrades Interoute has no obligation to upgrade any software versions or extend software warranty upon expiry of the relevant Initial Term Customer Access Interoute will provide the Customer with administrator or root level access to servers, in order for the Customer to manage elements of the Hosting System other than the Operating System such as Customer Serviced Software, applications and data. Management access will not be provided for any devices other than servers Customer Serviced Software Installation Customer Serviced Software may be installed on a server at Customer s own risk. Interoute reserves the right to uninstall Customer Serviced Software (or refuse to permit installation) without Interoute having
3 any liability to the Customer where, in Interoute s reasonable opinion, the software will affect the operations or security of any other Hosting System hosted by Interoute. Customer Serviced Software is not supported or serviced by Interoute. The Customer is solely responsible and liable for the performance of Customer Serviced Software and for its inter-operability with the Hosting System Service Monitoring Interoute will monitor the following performance elements of Virtual Server Hardware; a. CPU usage per CPU b. Memory Usage c. File System Utilization d. Swap File Usage e. Paging f. Number of Processes Backup Capability & Granularity Interoute will provide a tape based, client-server flat file backup of system data. In the case of servers this will include Operating System data and configuration. This Service does not provide support for open file applications. Interoute reserves the right to exclude from backup at its sole discretion files which will not affect the ability to recover from a failure, all other files which are not exclusive or locked within the Customer s Hosting System are backed up. Backups are performed online at file system level only, i.e. transactional files used by various applications such as database volumes or hibernation memory can be backed up, but are required to be in a dumped and closed state before the backup operation starts -otherwise the files may be in a corrupt state once they are restored. Interoute does not accept responsibility or liability for any damage caused to the Hosting System by such corrupt files Backup Allocation The backup allocation assumes a maximum rate of change of data of 25% per week and is included in the standard Charges. Should the rate of change of data frequently exceed 25% per week, Interoute reserves the right to charge for additional backup space Backups Schedule and Data Retention Interoute will perform scheduled, daily incremental backups for six (6) sequential days followed by weekly full backups every seventh (7 th ) day as determined by Interoute. The backup media for the full backups are retained for a twenty-eight (28) day period and for the incremental backups for a fourteen (14) day period after which time they shall be overwritten or disposed Backup Data Location The backup media and data is stored on Interoute owned and operated Equipment on-site at the respective Interoute data centre Backup Window In the event that a backup job of a single service exceeds 40% of the time between backups, Interoute will inform the Customer. Once the Customer has been informed, Interoute is not obliged to perform backups of the Service, nor will any SLAs apply to the Service in relation to data, until an alternative solution is requested by the Customer and provisioned or backups complete within the 40% threshold due to Customer changes to data Data Restore Any restore necessary due to an incident, not attributed to Customer, will be conducted at Customer s request, free of charge on a 24x7 basis.
4 The Customer is allocated an unlimited number of restore requests within the first month after the Ready for Service Date of an Interoute Hosting Service free of charge. Thereafter, the Customer is entitled to one restore request per Hosting Device per month with any additional restore requests being made on a chargeable basis at the rates set out in clause 5.2. These restores will be conducted at a time mutually agreed between the Customer and Interoute. It is the Customer s responsibility to recover all applications to their desired state after a successful restore. Interoute is not responsible for loss of data caused by incompatibility of Customer Software and Interoute s backup software. 2.3 VIRTUAL FIREWALL Interoute is responsible for maintaining any Interoute managed firewall service and policy as agreed with the Customer. The Customer may select a solution based on Interoute s shared infrastructure or on a suitable dedicated appliance(s). The Customer recognises that it is not possible to protect against all forms of attacks and that Interoute s sole obligation is to manage the firewall in accordance with normal industry practice. Interoute accepts no further liability for the Virtual Firewall Service Performance Services are limited to a maximum sustained throughput of 20mbps per instance, should this threshold be exceeded the Customer will be required to upgrade their Service. Interoute reserves the right to limit bandwidth or terminate the Service should the Customer not upgrade their Service when requested by Interoute. VPN termination is not available as part of the shared or Virtual Service Policy changes The Customer shall be allowed unlimited changes to their policy for the first month from the Ready for Service Date. Thereafter, the Customer shall be allowed two (2) policy changes per month for each firewall service. Additional policy changes will be charged applying the hourly charges specified in clause VIRTUAL LOAD BALANCING Interoute is responsible for maintaining any load balancer and policy as agreed with the Customer Performance Services are limited to a maximum sustained throughput of 20mbps per instance, should this threshold be exceeded the Customer will be required to upgrade their Service. Interoute reserves the right to limit bandwidth or terminate the Service should the Customer not upgrade their Service when requested by Interoute Policy changes The Customer shall be allowed unlimited changes to their policy for the first month from the Ready for Service Date. Thereafter, the Customer shall be allowed two (2) policy changes per month for each load balancing service. Additional policy changes will be charged applying the hourly charges specified in clause 5.2. Policy changes are restricted to those available within the graphical user interface and do not include the use of command line options or scripting. These options maybe supplied as a professional service at the rates defined in clause 5.2.
5 3 SERVICE LEVELS 3.1 CUSTOMER SERVICE Interoute s Customer Service (CS) is the primary point of contact for any problem or request related to the Hosting Service. CS personnel are on duty on a 24x7 basis. The CS will handle all support requests and will use reasonable endeavours to ensure that any problems are resolved as quickly as possible. The CS can be contacted via phone or and supports the languages English, German, Spanish, Italian and French. The following information must be provided: a. Organization name b. Interoute Account Number as set out in the Service Handover Document c. Service Identifier (SID) d. Issue description e. Contact person f. Contact telephone number 3.2 SUPPORT OPERATIONAL HOURS Interoute will provide operational support, Incident management 24 hours a day, 7 days a week and request fulfilment between 09:00 and 18:00 CET Monday to Friday only. 3.3 INCIDENT REPORTING AND MANAGEMENT Incident Handling Any suspected Incidents must be reported to the Interoute Customer Contact Centre. When reporting an Incident, the Customer must identify the affected Service and provide details of the Incident Time to Repair (Priority 1) Interoute aims to resolve Incidents causing loss of service within four (4) hours Incident Duration All Incidents recorded by the Hosting Management System will be reconciled against the corresponding Incident ticket raised by the Customer Contact Centre. The exact Incident duration will be calculated as the elapsed time between the Incident being reported to the Customer Contact Centre and the time when service is restored Incident Management and Request Fulfilment Response times are measured from the creation of a ticket by the Customer on the Interoute Hub, an automated system or by the service desk. The following escalation guidelines for standard 24x7 support are used within Interoute, and are escalated and targeted as follows: Priority Priority 1 Critical Priority 2 Major Description System hard down, inaccessible from internet Performance degradation, critical data restoration Hours of Operation Target resolution time Reason For Outage (RFO) time 24/7 4 Hours 5 Working Days 24/7 8 Hours 5 Working Days Priority 3 Standard Server reboot, Customer requested reboot Business Hours Next Working Day N/A Priority 4 Low Standard maintenance & planned works, service Business Hours Two Days Working N/A
6 questions, password requests Subject to the exclusions detailed in these terms and conditions. From the time Interoute has responded, it will use reasonable efforts to resolve the Incident or otherwise address the problem as soon as reasonably practicable Change Management a. Change Control: Customer is entitled to submit change requests to Interoute at any time using the Customer change request form. Where a request is made to Interoute to implement a change to the Hosting Service, Interoute will consider such changes. Where changes are likely to result in significant additional work beyond the standard management of the Hosting System, Interoute will advise the Customer of any Additional Charges that Interoute may make in order to complete the work, applying the hourly charges specified in clause 5.2 or such other charges as are agreed at the time. b. Interoute responsibilities for change control include tracking proposed and completed changes to systems and services managed by Interoute, and informing Customer of any proposed changes that may impact on service performance/availability. Customer initiated change requests will be dealt with applying the prioritisation used for trouble tickets. 3.4 MAINTENANCE OF THE HOSTING SYSTEM Please note that maintenance of the Interoute Network will be conducted in accordance with applicable clause for maintenance in the terms and conditions above. Maintenance of the Hosting System and the Premises will be conducted as follows: c. Configuration Maintenance: Interoute maintains a record of changes made to the Equipment, network and Operating System configurations. d. Planned Outage: In order to maintain the service, Interoute may perform operations that might temporarily disrupt the Hosting Service. These operations will normally be performed between midnight and 6:00 am local time for the location the Hosting Service is located, and will be announced at least seven (7)_ days in advance, with the exception of Emergency Maintenance. Interoute will endeavour to limit Planned Outages to a maximum of forty-eight (48) hours per year in any one location. e. Emergency Maintenance: Interoute reserves the right to carry out any necessary urgent maintenance on the Hosting System or network connections (for example, installation of crucial security patches / updates) or Premises without waiting for Customer approval. Such Emergency Maintenance may result in temporary service outage and such outage will be kept to a minimum. Interoute shall inform the Customer of any such Emergency Maintenance as soon as is reasonably practicable to do so. f. Save in case of emergency, Interoute will not perform maintenance at more than one data centre location at any one time. g. Anti Virus Updates: The default Interoute managed Anti Virus schedule will be configured on newly deployed Windows servers unless otherwise specified. Anti Virus software will be installed and signatures updates performed every four (4) hours (if new updates are available). Optionally, the Customer can request either that their own Anti Virus software is installed on
7 their server (at the rates defined in clause 5.2), or that no Anti Virus software is installed. In requesting one of these options, Interoute will not perform Anti Virus management tasks on the server, nor provide any SLAs where a virus may have been the cause. Where a server is under Anti-Virus management by Interoute, signatures will be compliant with the software vendor s published and relevant signatures within seventy-two (72) hours. h. Patch management: The Patch Management process will take place once per week, during the scheduled maintenance period. Should the Customer require an alternative day and time for the process this can be stipulated at order and will be deemed as scheduled maintenance. Where a server is part of a fully automatic patch management schedule, and managed by Interoute, security and critical patches will be compliant with the software vendor s published and relevant patches within two (2) weeks. 3.5 SERVICE AVAILABILITY OBJECTIVES A Virtual Hosting Device is considered to be available at a certain point in time if a Scheduled ICMP Ping has been executed and received an affirmative answer within ten (10) seconds ( Successful Tests ). In order to calculate availability, scheduled ICMP Pings are made to each Hosting Device at five (5) minute intervals ( Tests ). % For Services with standard 24x7 support, all Tests are included in the availability metric. For the purpose of availability measurement, support time excludes maintenance periods. Virtual Devices will be subject to a 99.9% availability SLA. 3.6 BACKUP AND RESTORE OBJECTIVES In the event that a Service needs to be recovered from backup or snapshot mechanism, the Service will have the following Recovery Time and Recovery Point Objectives: Backup Service Recovery Point Objective Recovery Time Objective Tape Backup 24 hours + the duration of the backup 2 hours + 1 hour per 50 GB recovered If the backup of a Hosting Device fails to successfully backup any open or transactional files for which an additional backup function has not been purchased or is not available, the backup will be deemed as successful. Interoute will provide the Customer with visibility of partially successful backups. Interoute will successfully complete 95% of scheduled backups taken in any one (1) calendar month. Should a scheduled backup be restarted for any reason, this restarted backup will count towards the percentage if successful, but will not count if unsuccessful. Should a restore of data be requested, Interoute will successfully recover the requested data from any successful backup within the retention period. Interoute provides a 95% success rate for the recovery of data from backup.
8 3.7 CUSTOMER REPORTING The Customer will be provided with access to the Interoute Hub detailing performance of the Hosting Service (where the Hub supports the devices). 3.8 SERVICE EXCLUSIONS For the avoidance of doubt, the Hosting Service does not include any service other than those expressly stated. In particular (but without limitation) the following services are excluded a. Development or integration of web site content or application software; b. Design of any kind of network, system or service other than the defined hosted Service; c. Protection of data, systems or application against attacks, hack attempts, viruses, worms or Trojan horses coming from the Internet, unless appropriate systems and infrastructure is in place; where Interoute will provide protection inline with the software or hardware vendor s terms and conditions and Interoute s management and update policies; d. Support of the installation of Customer Serviced Software; e. Upgrading the Operating System on a Hosting Device in its entirety where Interoute still supports the current Operating System installed on the Hosting Device. All of the Operating System upgrades requested by the Customer will be charged for applying the hourly charges specified in clause 5.2. f. Interoute is not responsible and cannot be held liable for degraded performance in case of physical limitations of the Hardware (memory, CPU, disk space, throughput) or software. Interoute will notify the Customer of such limitations and will suggest changes to the Hardware. 4 CUSTOMER RESPONSIBILITIES 4.1 TECHNICAL RESPONSIBILITIES Technical Representatives The Customer must designate one (1) or more qualified persons as their technical representatives and support points of contact with Interoute. These technical contacts can be updated either by phone, fax or and must be provided for both pre and post installation Shutdown and Boot Protection To service the Hosting System, Interoute may need to reboot a server. The Customer needs to ensure that any Customer Serviced Software shuts down and boots correctly. Failures caused by Customer software during shutdown or start of Hosting Devices shall not be Interoute s responsibility or liability and shall not be counted as unavailability of the Hosting Device Backup The Customer must ensure that all files requiring restoration conform to the specifications as set forth above Customer Maintenance and Outages The Customer shall promptly inform Interoute of any changes to Interoute Serviced Software it intends to undertake or of any outages that the Customer causes or intends to cause.
9 4.1.5 Content The Customer shall be solely responsible for the content transmitted or made available by the Service (covering any electronic data, software, programs or information including content on website hosted by Interoute) and its use in accordance with the law of the country where the server is located. Interoute reserves the right to suspend the Service, included but not limited to, in case (i) the Customer is in breach of the law, or (ii) there is sufficient suspicion of breach of the law, or (iii) a third party claims breach of the law that is sufficiently substantiated, (iv) a governmental institution claims breach of the law and requests to prohibit access to the content. Provided there is no other reasonable alternative restricting the access to the content, Interoute shall be entitled to discontinue the Service. Other rights remain unaffected, in particular the right to terminate and to seek compensation for damages. The right to access the Hosting Service using a privileged account, for example to maintain data or applications installed on a Hosting Device, is strictly limited to the Customer, its employees and/or its contractors in the process of their work to perform for the Customer and the Customer s affiliates. The Customer must safeguard that only the before mentioned authorised personnel or affiliates shall access the Hosting Service with a privileged account. Passwords shall be complex, changed regularly and kept safe. 4.2 OTHER RESPONSIBILITIES Customer undertakes that it shall: a. ensure any reboots or stopping of Interoute monitored services are preceded by contacting Interoute Customer Contact Centre (details provided in Service Handover Document); b. report any Incidents or problems with the Hosting Services to the agreed Customer Support number set out in the Service Handover Document as soon as such problems have been identified; c. provide feedback on any Interoute maintenance approval requests passed to the Customer within the reasonable times specified within such requests; d. install and set-up a remote access client on their remote computer, where applicable to the Hosting Service for the purposes of remote maintenance of the Hosting Services; e. not install patches for the Operating System or Interoute supported applications unless agreed by Interoute; f. ensure that Customer applications are not corrupted, degraded, damaged or compromised due to patches of the Operating System. It is not in the responsibility of Interoute if a patch of the Operating System leads to a corruption, degradation, damage to or compromise of the Customer s applications; g. recover all Customer applications to their state prior to service failure, unless Interoute manages the application; h. do such other things and provide such information as Interoute may reasonably request in order for Interoute to provide the Hosting Service or manage its facilities.
10 5 CHARGES & SERVICE CREDITS 5.1 CHARGES PAYABLE BY THE CUSTOMER Charges for the Hosting Service shall comprise an Installation Charge, a Monthly Charge and any relevant Additional Charges. Charges for the Hosting Services and any applicable other charges will be invoiced in accordance with the terms specified above. Any Additional Charges will be invoiced to the Customer (as stated in clauses 5.2 and 5.3 of these additional terms below) 5.2 CHARGES FOR ADDITIONAL SERVICES Additional service requirements requested by the Customer and agreed by Interoute, that will be met on a time and materials basis shall be charged at the following rate: Engineer Level Charge per Hour Engineer (business hours) 150 Engineer (out of hours) 200 Materials will be charged separately. Interoute reserves the right to review the above rate on an annual basis and in the event of any change shall notify the Customer at least one (1) month before such change takes effect. 5.3 OTHER ADDITIONAL CHARGES Other Additional Charges include but are not limited to charges for: a. Implementation of changes invoiced in accordance with the Change Order; b. Charges for additional Backup Volume invoiced monthly in arrears at 0.25 per GB of used storage on Interoute s tape systems; c. Data restore at the Customers request at the engineer rate in clause 5.2 above invoiced monthly in arrears; d. Load balancing & firewall policy changes at the engineer rate in clause 5.2 above invoiced monthly in arrears; e. Operating System upgrades at the engineer rate in clause 5.2 above invoiced monthly in arrears; f. Technical assistance at the engineer rate in clause 5.2 above invoiced monthly in arrears; g. Allocation and implementation of additional publicly routable IP addresses at the engineer rate in clause 5.2 above invoiced at the time of purchase; h. Purchase of back-up tapes quoted for upon request from the Customer invoiced monthly in arrears; i. Remote storage of back-up tapes quoted for upon request from the Customer invoiced monthly in arrears;
11 j. Changes to backup schedules as will be charged a one time fee of 100 per server. 5.4 CALCULATION OF SERVICE CREDITS Interoute shall credit the Customer s account the pro-rated Monthly Charges (defined below) for the period of unavailability by which the solution exceed the targets specified. Service Credits are calculated monthly as follows: i) Calculation of accepted downtime: 100% 60 ii) Calculation of Service Level Outage Index iii) Calculation of Service Credit 10% Service Credit Limitations Customer can claim such Service Credits by contacting their account manager. Payments of Service Credits will be limited to a maximum of 50% of Monthly Charges for the Hosting Service claiming Service Credits The Customer can claim such Service Credits by contacting their account manager. 5.5 EXCLUSIONS TO PAYMENT OF SERVICE CREDITS In addition to those matters set out in the terms and conditions above, Service Credits will not be payable by Interoute to the Customer in relation to Incidents or disruptions to the Service caused directly or indirectly by any of the following: a. Incidents relating to the use of the Hosted Device by the Customer or their customers such as excessive traffic load; b. Denial of service attacks; unless appropriate systems and infrastructure is in place; where Interoute will provide protection inline with the software or Hardware vendor s terms and conditions and Interoute s management and update policies; c. Failure of Hardware or software not under warranty or vendor support; d. Ongoing data restore from a backup library; e. Applications or databases not explicitly defined as managed by Interoute; f. Bad/corrupt content or Customer data; g. Customer Serviced Software.
12 The SLA will not apply where the Customer has outstanding payments to Interoute, which are more than ten (10) days outside agreed payment terms. Service Credits cannot be claimed retrospectively after a period of non payment. Installation Service Credits do not apply where access circuits needed for the Service are not provided and maintained by Interoute. In cases where access circuits need to be sourced by Interoute from a third party, the Ready for Service Date is subject to access circuit delivery lead-times specified by the third party supplier. Service Credits are not applicable for more than one (1) breach of any Service Level outlined in these additional terms arising from the same event Loss of business and insurance Services deployed in high-availability configurations and/or deployed in multiple data centre facilities are designed to reduce the impact of downtime and data loss. These Services do not provide insurances against data loss, data protection, or for indirect or direct loss of business. Interoute s liability for loss of data is limited to recovery from back-up and that if the Customer can prove a direct financial loss suffered as a result of loss of data attributable to Interoute s fault. 6 SERVICES START AND SERVICES END 6.1 SERVICE START Service start is the Ready for Service (RFS) date, when Interoute hands the Service over to the Customer. Billing for the Service will commence from this point.
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