Service Specification Schedule For Fujitsu Cloud IaaS Trusted Public S5

Service Specification Schedule For Fujitsu Cloud IaaS Trusted Public S5 This Service Specification sets out the Service to be provided by Fujitsu under the Agreement. In the event of any conflict between the terms of this Service Specification and the other documents that comprise the Agreement, the provisions of this Service Specification shall prevail. Defined terms used herein but not defined below shall have the meaning ascribed to them by the Fujitsu Cloud IaaS Trusted Public S5 Service Agreement Terms and Conditions. The following definitions shall apply for the purposes of this Service Specification: API means an application program interface that enables operating instructions, such as deploying or erasing Virtual Machines, to be issued without having to pass through the Service Website. Charge (s) means the charges that apply to the Service, including, but not limited to Usage Fees and licence fees. Fujitsu Cloud IaaS Trusted Public S5 means the Fujitsu l cloud infrastructure as a service platform described below. MAC Address or Media Access Control Address means a unique identifier assigned to network interfaces for communications on the physical network. Minimum Term means a period of one month. Minimum Service Period means a period of one hour. Operation Stoppage Time means the time, rounded up to the nearest minute, during which the Service has stopped operating and all responses to attempts to connect to the Virtual Systems managed by Fujitsu from the outside have been unsuccessful. SDK means a Software Development Kit, which is a collection of software, sample programs and documents relating to the API specification, in order to enable the Customer to use the APIs easily. Service Credit means a sum that Fujitsu will credit to the Customer in relation to Operation Stoppage Time within the limits and according to the procedures described in paragraph 7 of this Service Specification. Service Website means the website only available to Fujitsu customers receiving the Service and which enables the Customer to use the Service. Software means the software set out in Appendix 1 of this Service Specification. Usage Fee means the fees that are incurred by the Customer on an hourly basis for use of the Service. User means a user authorised to use the Service in accordance with the provisions of this Service Specification. User ID means the user name and password chosen by the Customer to enable the Customer to access the Service using the Service Website. Virtual System Set means the collection of all of the virtual systems used by the Customer in accordance with the Agreement. VLAN means the virtual local area network. 1. Service Description 1.1 The Service is the UK instance of the Fujitsu Cloud IaaS Trusted Public S5 Platform service as described more fully below. 2. Term 2.1 The Term of this Agreement will commence on the date that the Service is made available to the Customer and continue for the Minimum Term, which will automatically renew for subsequent Minimum Terms until the Agreement is terminated in accordance with its terms. 2.2 Once the Customer has agreed to abide by this Agreement and has been provided with access to the Service, Fujitsu will carry out a credit check on the Customer. If the results of the credit check are unsatisfactory, Fujitsu will have no obligation to continue to provide the Customer with access to the Service and will be entitled to terminate the Service and the Agreement immediately. 2.3 The written notice required to terminate the Agreement and the Service shall be the period of the Minimum Term. 2.4 On termination of the Service and of the Agreement, for whatever reason, Fujitsu will invoice the Customer for all Charges incurred up to and including the date of termination and the Customer shall be obliged to discontinue use of its User ID, API, the Service Website and any other element of the Service. Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 1

3. Access to and Use of the Service 3.1 The Customer may access the Service through the Service Website using its User ID.and password or the User certificate, or via the Fujitsu Cloud IaaS Trusted Public S5 API. 3.2 Once logged onto the Service Website, using the Customer s User ID, the Service Website will provide the Customer with access to an API and SDK in order to enable operating instructions to be issued by the Customer without having to pass through the Service Website. The Customer acknowledges that all operating instructions issued via the API shall be regarded as having been issued by the Customer as if the instruction was made via the Service Website using the Customer s User ID and the Customer shall comply with the conditions of use contained within the SDK. 3.3 The Customer will be responsible for ensuring that it has the necessary environment to enable it to access and use the Service, including, but not limited to, sufficient Internet connection and bandwidth. 3.4 The Customer may cease to use the Service at any time at the end of any Minimum Service Period though the Agreement will continue unless and until terminated in accordance with its terms. 4. Service Website 4.1 The Customer environment that is required for operation of the Service can be found on the Service Website. 4.2 The Customer acknowledges that the cost of the devices and communications environment required to use the Service Website shall be borne by the Customer. 4.3 The Customer may deploy (generate), start (power-up) and return (decommission) Virtual Machines by using its User ID to perform prescribed operations via the Service Website. 4.4 Fujitsu may, from time to time, make available to the Customer patch programs to support the Software. It is the Customer s responsibility to apply the patch programs in a timely manner. The Customer acknowledges that patches that are provided by Fujitsu are third party patches that are based upon the Fujitsu template operating system, The Customer shall indemnify and hold Fujitsu harmless in relation to any loss, damage, liability or destruction that may be caused by the application of any such patch. 4.5 Fujitsu has placed various documentation in a library and in other places on the Service Website which does not form a part of the Agreement. Whilst Fujitsu has taken reasonable care in the compilation of such documentation Fujitsu accepts no responsibility or liability for the use of the documentation or for the quality or accuracy of any of the documentation. Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 2

5. Service Elements 5.1 The following are elements of the Service: (1) Virtual Machine VIRTUAL MACHINE Functions Provided Content Type of Virtual Machine Economy type Standard type Advanced type High performance type Double High Performance Type Virtual machine specifications System disk Number of virtual 1vCPU 1vCPU 1vCPU 2vCPU 4vCPU CPUs CPU performance 1 2 4 8 16 index (*1) Memory allocation 1.7 GB 3.4 GB 7.5 GB 15 GB 30GB Windows = 40 GB CentOS = 10 GB RHEL = 40 GB Operating system provided As listed in Appendix 1 of this Schedule Middleware software provided As listed in Appendix 1 of this Schedule Number of private IP addresses 1 allocated to Virtual Machines Number of additional disks that can be connected to Virtual Machines Up to 14 disks (The capacity of each disk can be specified in multiples of 10 GB between 10 GB and 1 TB) Disk capacity for system backups The disk capacity required for the system backup is automatically allocated when backups are taken. Disk capacity for data area backups The capacity for additional disk backups is automatically allocated when backups are taken. *1 CPU performance index 1 is equivalent to a 1.0 GHz Xeon CPU. (2) Virtual System VIRTUAL SYSTEM Functions provided Content Number of virtual networks per Virtual System Select per active tier from 1- tier, 2-tier and 3-tier systems One per active segment (DMZ, SECURE1, SECURE2) Number of firewalls per Virtual System 1 Number of global IP addresses that can be acquired per Virtual System 10 Maximum VPN connections per segment 20 Maximum number of firewall rules per direction 50 Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 3

(3) Global IP Address Service The Global IP Address Service provides global IP addresses that are required to perform Internet communications from the Virtual System. (4) Internet Connection Service The Internet Connection Service provides an environment for connecting to the Internet using global IP addresses for which the Customer has created correspondences with private IP addresses. At least one global IP address is required to use the internet Connection Service. (5) Load Balancing Service The Load Balancing Service balances accesses to a single representative private IP address within a virtual system among multiple Virtual Machines that have been registered as a load balancing group. (6) System Template Service The System Template Service provides templates that allow Virtual Systems to be created with a single operation. Basic templates are provided on the Service Website for no charge. From time to time, Fujitsu may provide complex system templates, at additional cost which will be shown in the Service Website. 5.2 Using the Service Website the Customer will be able to choose items from paragraph 5.1 to form its Service. 5.3 The Customer acknowledges that it is solely responsible for the configuration of options (as detailed above) that it chooses to form part of the Service. As such, the Customer acknowledges that Fujitsu will have no liability in relation to the suitability of the Service in meeting the Customer s particular requirements. 6. Fujitsu s Obligations 6.1 The Customer acknowledges that Fujitsu will have no obligation to monitor the Customer s use of the Service or any Customer Content that is stored on the Service. It will be the Customer s responsibility to take all measures it deems necessary to protect the Customer Content, including, but not limited to, protection from loss or damage. 6.2 The Customer acknowledges that Fujitsu will not be held responsible for any unauthorised access to the Customer Content or unauthorised use of the Service unless this is a result of Fujitsu s failure to comply with its contractual security obligations. 7. Service Levels 7.1 Subject to the following paragraphs 7.2, 7.3 and 7.8, the availability of the Service shall be 24 hours a day, 365 days a year with an availability level of 99.95%. 7.2 The Customer acknowledges that Fujitsu may conduct maintenance activities, from time to time, in order to ensure the smooth operation of the Service and that such maintenance activities may temporarily interrupt the provision of the Service. Fujitsu shall use reasonable endeavours to provide the Customer with at least 14 days advance notice, by email and/or via the Service Website, prior to conducting maintenance activities as described in this paragraph 7.2. 7.3 The Customer acknowledges that Fujitsu may, from time to time, temporarily interrupt the provision of the Service in order to conduct urgent maintenance activities. In such cases, Fujitsu shall report on the Service Website that such urgent maintenance activities have been conducted as soon as possible after the event. 7.4 In the event that the Operation Stoppage Time exceeds 0.05% of the time when the Service would have been available under and subject to this Agreement within any given Billing Month, then the Customer shall be entitled to a Service Credit of up to a maximum of 10% of the total Usage Fees that have been incurred by the Customer in that Billing Month provided that the Customer complies with the provisions of this paragraph 7. 7.5 To receive a Service Credit, the Customer must submit a request, by sending an email message to GlobalCloud@uk.fujitsu.com within 30 days of the end of the Billing Month to which the Service Credit relates. A Service Credit request must include the following information: - the Customer account number; and Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 4

- details of all of the incidents of Operation Stoppage Time that have been experienced within that Billing Month (including date and time of the incidents); and - the incident reference number, supplied by the Support Service helpdesk, relating to each incident of Operation Stoppage Time. 7.6 Service Credits can only be claimed if the Customer is not otherwise in breach of the Agreement and there are no payments outstanding beyond their due date from the Customer. Fujitsu will have the discretion to determine where the Customer is in breach of the Agreement for the purposes of this paragraph 7.6. 7.7 Service Credits are non-transferable and are subject to a de minimis calculation of 1. The Service Credit will be issued by way of a credit note and once it has been issued (or where the Customer does not invoke the right to a Service Credit in accordance with the provisions of this paragraph 7, the Customer will have no further claim against Fujitsu in relation to Operation Stoppage Time. 7.8 The Customer acknowledges that Operation Stoppage Time does not include time during which the Service cannot be used as a result of any of the following reasons: (1) maintenance activities as described in paragraphs 7.2 and 7.3 above; (2) a Force Majeure event; (3) orders from government or judicial institutions to halt business activities; (4) defects with the Customer's facilities or the Customer not having/providing facilities to the quality and extent required for the Service; (5) defects with the access line for connecting to the Service or the Customer not having an access line to the quality and extent required for connecting to the Service; (6) defects with the Software or any other software; (7) defects with the settings that the Customer has implemented for virtual systems; (8) illegal operations by the Customer; (9) attacks or illegal acts by third parties. (10) the termination of the Service and of the Agreement by either party, in accordance with the terms of this Agreement. 7.9 An incident of Operation Stoppage Time shall be deemed to have occurred if: - the Service does not respond to the Customer s attempts to connect to the Service for a period of time exceeding three minutes; and - the Customer has logged the incident of Operational Stoppage Time with the Support Service helpdesk (as described in paragraph 9) within twenty-four (24) hours of the relevant occurrence of the Operation Stoppage Time. 7.10 The total amount of Operation Stoppage Time during any Billing Month shall be determined as the sum of all the individual incidents of Operation Stoppage Time within the applicable Billing Month. 7.11 Any Operation Stoppage Time that has been accumulated within a Billing Month but which does not exceed 0.05% of the time when the Service would have been available under and subject to this Agreement cannot be carried into the next Billing Month. 8. Software The Service will provide the Software as part of the Service. The Customer agrees to abide by the third party software conditions of use for the Software (if any) as set out in the relevant End User License Agreement which can be found on the Service Website. 9. Support Service 9.1 Fujitsu will provide the Support Service only to the Customer. Should the Customer resell the Service, the third party recipient of the Service from the Customer will not be entitled to benefit from the Support Service. Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 5

9.2 The Support Service will include the following: - answering and logging calls and emails raised to the Support Service helpdesk; - investigation of the cause of problems raised by the Customer; and - implementing a temporary workaround or resolving incidents and problems raised by the Customer. 9.3 The Support Service will be available to the Customer 24 hours a day, 365 days a year. 9.4 The Support Service will not include support for the Software or any other software. 9.5 The provision of the Support Service is subject to the Customer having applied the latest patches to the Service, as provided by Fujitsu via the Service Website. 9.6 The Customer may raise a call for Support Service using the following methods: Telephone numbers: UK: 08081013930 Ireland: 1800947210 Email Address: Cloud_GSD@uk.Fujitsu.com 9.7 The Customer must quote its User ID when raising a call for Support Service. 9.8 Questions from the Customer must be raised in the English language and the Support Service shall respond in the English language. 9.9 Programs that the Customer has created (or is in the process of creating) using the Service are not supported by Fujitsu. Fujitsu s support does not cover the provision of advice, expertise or any other technical guidance in relation to creating programs. 10. Limitations 10.1 The Customer acknowledges that the following limitations apply to the Service: - If an automatic failover occurs, the data that was being processed in the memory of the Virtual Machine is not guaranteed. - Multiple Virtual Machines cannot connect to the same additional disk simultaneously. - The capacity of additional disks that have already been created cannot be changed. - If "individual settings" is selected for the private IP address space settings, new Virtual Systems cannot be created outside the specified private IP address range. - Global IP addresses are allocated automatically and the Customer cannot specify global IP addresses on their own. - The Customer cannot freely specify MAC addresses for Virtual Machines. - When backing up Virtual Machines, it is not possible to collect a dump using the non-maskable interrupt button. - Support for Virtual Machines does not include investigating the causes of problems by collecting dumps. - It is not possible to apply to upgrade the version or level of any software provided by the Service. 11. Conditions of the Service 11.1 The Customer agrees not to disclose the information published on the Service Website (except for web pages for which access control via the User ID has not been established) to third parties, other than those directors and employees of the Customer who need to know this information in order to use the Service. 11.2 The Customer agrees not to disclose or lend the User ID, passwords, electronic certificates, or other items that have been issued in relation to the Service Website or the Service to third parties. 11.3 The Customer acknowledges and agrees that it must strictly manage the User ID to ensure that it does not become known to third parties (including taking such actions as selecting a secure password for access to the Service and changing the password from time Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 6

to time). 11.4 Fujitsu excludes all liability for any losses or damage (including, without limitation, any direct, indirect, special or consequential loss) arising out of or in connection with the Customer s inadequate management of User ID, mistakes in using the User ID or the use of User ID by third parties. 11.5 If a third party uses the Customer s User ID, any such actions taken by the third party shall be regarded as the actions of the Customer. Accordingly, the Customer agrees that it will be solely responsible to Fujitsu for all activities that occur under the Customer's User ID and the Customer agrees to notify Fujitsu immediately of it becoming aware of any unauthorised use of its password or account. 11.6 The Customer will continually indemnify Fujitsu, its affiliates, agents and subcontractors, and each of their partners, principals, members, employees and other personnel against any claim or proceeding that is made, threatened or commenced, and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of damage to or loss to Fujitsu or a third party caused by or in connection with use of the Customer s User ID. 11.7 The Customer acknowledges and agrees that if it does not use the Service Website for a period of more than 90 consecutive days, Fujitsu may delete the Customer s User ID and terminate the Customer s use of the Service Website without prior notice and without any liability to the Customer. 11.8 If the Customer does not comply with any of its obligations in a material way under the Agreement Fujitsu, without prejudice to any other rights it may have, reserves the right to stop providing the Service. 12. Other specifications provided (for non-function items) 12.1 Data management a. Data backups - Multiple generations of backups can be taken by the Customer executing backups from the Service Website. (Usage Fees are incurred by the use of virtual memory disks.) The Customer shall be responsible for data backups and shall hold Fujitsu harmless for any damage, destruction or loss of data. b. Data erasure - At the point when a virtual disk is returned, data is completely erased by overwriting the data with zeros on the virtual disk before the resource is returned to the pool for reallocation. c. Data encryption - The data in virtual memory disks is held in encrypted form. d. Log collection - In order to analyse the root cause of problems that may occur Fujitsu collects logs of illegal accesses from outside, logs of operations by the Customer, and logs of work performed by Fujitsu. These logs are then stored for seven years from when they are collected. Fujitsu will not monitor the log collection for any other purpose than analyzing the root cause of problems, for example when a call is raised to the Support Service helpdesk, and Fujitsu shall not be liable for the Customer s use of the Service. 12.2 Security a. Restrictions on handling information - Fujitsu does not retain access rights to the Customer s Virtual Machines, and will only be able to conduct administration activities where Fujitsu has been given administrative privileges, as a minimum requirement, for access to the Customer s system. Fujitsu will not handle or monitor Customer Content. b. Authentication environment for using the Service - The Service provides an authentication environment that performs authentication using two or more elements in the environment for logging in to the Service Website. c. Access control environment - The Service provides an access control environment for demarking administration privileges and usage privileges in the User environment. d. Compartmentalization with VLAN - The Service provides an independent environment by using VLAN to compartmentalize User networks from one another. e. Method for issuing electronic certificates - The Service uses the SHA-256 encryption algorithm when issuing electronic certificates. f. Certificate revocation list management - The Service manages the certificate revocation list. 12.3 External Connectivity Virtual Private Networks (VPNs) and dedicated lines can be used in addition to Internet connections. It is possible to connect to the Service within the relevant data center premises. Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 7

12.4 Anti-Virus It is the Customer s responsibility to ensure that it has an appropriate level of anti-virus, anti-spyware and network thread protection (for example, firewalls or IPS) in operation. Fujitsu will not be liable for any damage or losses caused by the introduction, creation or propagation of any disruptive element (including any virus, worm and/or trojan horse) howsoever caused. 12.5 SSL Certificate A Secure Sockets Layer ("SSL") certificate will be installed on the Customer s Machine and will provide direct access to the Service Website. It will be the Customer s responsibility to safeguard the SSL certificate. The Customer acknowledges that if the SSL certificate is transferable between Machines and therefore, if the SSL certificate is compromised it may be used, without the Customer s knowledge, to: destroy the Customers operating environment; consume more Service usage in the Customers operating environment for which the Customer will be liable to pay; and/or reconfigure the Customer s firewall to deny or allow access from unsecure sources including the Internet. 13. Invoicing and charges 13.1 All unit Charges shall be displayed on the Service Website. Any variation in the unit Charges will be notified to the Customer by email or publication on the Service Website. 13.2 The Customer will be charged a Usage Fee for the Service consumed irrespective of the Minimum Service Period. 13.3 Changes that have been made to the Charges will not be applied retrospectively to costs that have already been incurred by the Customer. Where there is a change made to a Charge that is applied monthly, such change shall apply from the start of the month following the month during which such change was made. Any change to unit charges shall be applied on and from the date upon which the change is made. 13.4 Usage Fees 13.4.1 Fujitsu shall display the total Usage Fees due from the Customer on the Customer s portal on the Service Website. -> Seconds are rounded down to minutes and minutes are rounded up to hours Operating time is rounded up to the next hour. e.g. Operating time : 1H 45M -> 2H Network traffic is rounded down to the previous GB. e.g. Network traffic : 31.7GB -> 31GB 13.4.2 Fujitsu shall be entitled to invoice the Customer monthly in arrears for the total Usage Fees relating to Customer s actual usage in the preceding month. Should the Customer terminate the Service and the Agreement, Fujitsu shall invoice the Customer for all outstanding usage incurred to the date of termination. 13.4.3 The Charges relating to operating systems, including licence fees but excluding disk storage which shall be incurred on usage, shall be incurred by the Customer on a monthly basis and Fujitsu shall invoice the Customer for these Charges monthly in arrears. 13.4.4 Should the Customer stop incurring usage of the Service without termination or expiry of the Agreement the Customer will continue to incur the fees described in paragraph 13.4.2 on a monthly basis. 13.4.5 Should the Customer terminate the Agreement, the Customer will be obliged to pay the full amount of the Charges described in this paragraph 13 for the month in which the Customer has terminated the Agreement. Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 8

Appendix 1 Software SOFTWARE Software Windows Server 2003 Standard Edition R2 SP2 32bit Windows Server 2003 Enterprise Edition R2 SP2 32bit Windows Server 2008 Standard Edition R2 64bit Windows Server 2008 Enterprise Edition R2 64bit CentOS (32bit) CentOS (64bit) RHEL Licensor (Open source software) (Open source software) Red Hat MIDDLEWARE Product SQL Server 2008 Standard Edition Licensor Fujitsu Cloud IaaS Trusted Public S5 - Service Specification 28 th June 2013 9