TIMICO LIMITED SERVICE SPECIFIC SCHEDULES

Transcription

1 SELF-MANAGED DEDICATED SERVERS DEFINITIONS In this Service Specific Schedule, the following expressions shall have the following meanings unless the context otherwise requires: Core Network Customer Installed Software and Applications Data Centre Infrastructure Data Centre Network Data Transfer Allowance Dedicated Server Internet Connectivity Newark Data Centre Operating System Self-Managed the Supplier s switching and routing infrastructure used to connect the solution components and provide the Customer with Internet or PWAN access the software and applications that the Customer chooses to install onto the Dedicated 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 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 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 where the Customer is given root access to the Dedicated Server and is responsible for updating all Customer Installed Software and Application and Supplier Installed Software and Applications Timico Limited 2014 Page 1 DOC v2 October 2014

2 Supplier Installed Software and Applications the software and applications that have been installed by the Supplier as an optional service 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 if requested but the Customer will be responsible for all ongoing management and updates of this Operating System. 1.3 The Dedicated Server model (including processing power, memory and storage) and Data Transfer Allowance is stated within the Order Form. 1.4 The Supplier shall 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. 1.5 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. 1.6 The Dedicated Server will remain the property of the Supplier at all times and only the Supplier s technicians will have physical access to the Dedicated Server. 2. USE OF THE SERVICES 2.1 Full root access will be provided. 2.2 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. 2.3 If the Operating System is installed by the Supplier, a base level install will be provided and any maintenance tasks or updates following the initial installation will be the responsibility of the Customer. 2.4 If the Operating System is installed by the Customer, it will be the Customer s responsibility to ensure that such Operating System does not corrupt the Dedicated Server and to perform any maintenance tasks or updates during the Agreement. 2.5 If the Customer detects a service fault, using the Supplier s monitoring or through the Customer s own finding, the Customer must inform the Supplier as soon as possible. 2.6 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 Services provided (in which circumstances, for the avoidance Timico Limited 2014 Page 2 DOC v2 October 2014

3 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]. 2.7 If a hardware reboot is required it should be remotely actioned by the Customer. In the event that the Customer cannot perform a remote reboot, the Supplier will perform a reboot under the inclusive server reboots availability. 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. 2.8 It is the responsibility of the Customer to perform any maintenance tasks or updates to both Customer Installed Software and Applications and Supplier Installed Software and Applications. The Supplier has no responsibility for the management of any software or applications on a Self-Managed Dedicated Server. 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: (where the Self-Managed Dedicated Server Services are to be provided to only one site), terminate this Agreement and pay the No Proceed Fee; or (where the Self-Managed Dedicated Server Services are to be provided to more than one site) cancel the requirements for such Self-Managed Dedicated Server 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 Self-Managed Dedicated Server 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 If the Order Form states a monthly Data Transfer Allowance, 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 Self-Managed Dedicated Server 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. Timico Limited 2014 Page 3 DOC v2 October 2014

4 4.2 Installation of the Self-Managed Dedicated Server 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 may levy additional charges. 4.3 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. 4.4 [Subject to the provisions of clause [11] [DRAFTING NOTE: where using 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 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. 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 24 x 60) 5.2 The components included within the availability target are listed below: Data Centre Network Data Centre Infrastructure Dedicated Server 5.3 The components not included within the availability target are listed below: Online Backup Service Tape Rotation Services Firewall Operating System Antivirus Timico Limited 2014 Page 4 DOC v2 October 2014

5 5.3.6 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. 5.5 The following time periods are not included in Unavailable time calculation: any scheduled or emergency maintenance windows as described in this Service Specific Schedule the time taken to restore application data by the Customer unavailable time caused by Customer misuse of the Self-Managed Dedicated Server Services such as using non-certified software, inappropriate use or a service quality issue with Customer Installed Software and Applications unavailable time caused by suspension or termination of the Self-Managed Dedicated Server Services 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 applicable Self- Managed Dedicated Server Services 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 hardware 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. 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. Timico Limited 2014 Page 5 DOC v2 October 2014