Colocation Specific Terms and Conditions
Contents
1. Sandbrook Way Rochdale OL11 1RY Registered in England No 03101568 Tel 01706 902100 E mail info zen co uk Web www zen co uk Zen Internet 2008 Colocation Specific Terms and Conditions 7 System means any part of any hardware or 2 4 software component owned and provided by us in order to provide Colocation Services Third Party means any person not in permanent employment of either Zen Internet or the Customer Zen Internet we us means Zen Internet Limited Company Registration Number 03101568 of Sandbrook Park Sandbrook Way Rochdale Lancashire OL11 1RY 2 5 2 THE SERVICES 2 1 The Colocation Services to which these Specific Terms and Conditions relate provide an allocation of space within a Shared or Dedicated Rack for your Equipment within one of our secure Colocation Suites A high speed Network Connection to our core network is also provided Our range of Colocation services are outlined in more detail at http www zen co uk hosting 2 2 You can place your order for the Colocation and Network Connection Service by completing and sending us a completed order form sent to you pursuant to acceptance of a quotation supplied by us by post or by fax to the address or fax number set out on our Web site 2 3 We shall allocate a range of Internet Protocol IP addresses for use by you for machines on your network for the duration of this Agreement It will be your responsibility to2. behalf together with the status of such person s Individuals authorised to access your equipment are identified by a list held by us drawn up at the point of sale You acknowledge that it is your duty to notify us of Appropriately Authorised personnel in good time and is required to notify us of any change to the list of Appropriately Authorised personnel in writing 7 4 Any individual may be asked for additional identification on arrival at the facility 8 CONDITIONS OF USE Installation of new Equipment is subject to the following conditions 8 1 that the Equipment if it is out of the manufacturer s warranty period has undergone an electrical safety test within the past 12 months 8 2 Equipment must conform to the appropriate specifications for the Colocation product a Dedicated Rack customers acknowledge that the total power allocation that will be Page 6 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 sa Colocation Specific Terms and Conditions 7 delivered to a cabinet will be confirmed and agreed on placement of order The total power consumption of equipment under start up conditions in a fully populated cabinet should not exceed the agreed value The power consumed will be measured on a monthly basis and we acting reasonably will review your rental fee on a monthly basis based on actual power consumed Should the total power usage in a month be in
3. excess of your contracted power allocation we reserve the right to increase your allocation by step increments in line with our current price tariff for power charges The incremental charge will be levied in the first service period following the month in which the increase has occurred At Telecity a maximum upper limit above your power allocation of 16 amps applies to fluctuations in power usage as only 16 amp feeds are provided as standard b Shared Rack customers acknowledge that the maximum power rating available at each power receptacle in a Shared cabinet is 1 amp Equipment connected to each receptacle should not draw more than this amount under start up conditions c where a Colocation product is supplied with a redundant power feed you should distribute the power consumption evenly over both feeds The maximum current of the combined power feeds should not exceed the total power limit as set forth in your contract Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk 8 3 8 4 IN d Equipment supplied must be suitable for installation in a 19 inch wide 1 metre deep cabinet All equipment must be accompanied by an appropriate mounting kit e the total weight limit of a fully populated cabinet is 1200KG The total weight of installed Equipment should not exceed this val
4. or b give you instructions on how to use the Colocation Services You agree to comply with any instructions we may give you in accordance with this Clause SERVICE LEVELS Page 2 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 13a IN Colocation Specific Terms and Conditions 7 gt r Ep 3 1 We shall provide the Colocation Services in 5 2 Notwithstanding clause 5 1 we reserve the accordance with the Customer Service right to acting reasonably review your rental Manual our General Terms and Conditions of fees in respect of rising utility costs incurred by Supply these Specific Terms and Conditions us where you are outside of the Minimum and the applicable Service Level Agreement Colocation Service Period Any increase in as specified on the Customer Order Form rental fees will be notified to you and charged from the start of the first service period SERVICE FEROS following the date of the notification 4 1 We will use our reasonable endeavours to 5 3 You shall pay the Charges without any set off activate the Colocation Services as soon as or deduction of any kind on either a monthly possible However all dates are estimates and quarterly or annual basis as stated in the we cannot guarantee that they will be met Customer Order F nmman or the iivoice f a For th 4 2 Unless otherwise terminated or suspended in a Oltise a lapave Faris i f the Ch hall a
5. provide the Colocation Services facilities fixtures and fittings or any other facilities provided 6 4 You shall not be permitted to connect any of 6 9 You shall keep that part of any of our the Equipment to or disconnect any of it from the System in any of our Colocation Suites without in each and every case our prior written Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk Colocation Suites at which the Equipment is located from time to time clean and tidy and free from rubbish and other debris and refrain from obstructing any doors or access to that space at all times Page 4 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 13a Colocation Specific Terms and Conditions 7 6 10 You undertake that you will ensure that any Third Party has no rights at any of our Colocation Suites or against us or the data centre operator 6 11 You warrant and represent to us as follows a that you will act with all due care and skill when inside any of our Colocation Suites working on the Equipment or otherwise performing your obligations under this Agreement b that any Equipment installed at any of our Colocation Suites shall at all times fully conform with the manufacturer s specifications of the Equipment the relevant standard or approval at
6. IN gt A igi ig t Colocation Specific Terms and Conditions 7 m O gt r Ep 1 DEFINITIONS These Specific Terms and Conditions are to be read Dedicated Rack means a Rack that is provided for in conjunction with our General Terms and the sole use of one customer and shall only contain Conditions of Supply All definitions contained within the Customers Equipment and our equipment that is these Specific Terms and Conditions have the same required to provide the Colocation Services to you meaning as those set out in the General Terms and Conditions of Supply unless specified below in which Bae ment MEANS Ay Cpu GOME case they will have the meaning specified below related equipment or hardware supplied by you for use with the Colocation Services Colocation Services means the provision of an allocation of physical space and access to an Minimum Cancellation Notice Period means the allocation of power provided within a Data Centre minimum period of notice that you must give us to terminate a specific Colocation Service or this Colocation Suite means a room within a Data Agreement as set out in Clause 11 Centre within which the Colocation Services are Minimum Service Period m ini provided um Service Period means the minimum service period as defined in Clause 4 Commencement Date means the date upon which the provision of Colocation Services will begin Network Conniechon
7. below we agree that we shall use our reasonable endeavours to consult with you prior to any relocation in order to minimise any disruption caused to the operation of the Equipment OUR RIGHTS We shall be entitled upon giving you no less than 3 months written notice to move the Equipment to a different location within one of our Colocation Suites or to a different Colocation facility nominated in writing to you by us The costs and expenses incurred by us in moving and installing the Equipment shall be borne by us You shall permit us and ensure that we obtain unrestricted access to the Equipment at all times to ascertain whether your obligations under this Agreement have been duly observed and performed Where we are in breach of this Agreement and such breach can be remedied by re performance within a reasonable time such re performance shall be your sole remedy in respect of such breach TERMINATION Page 8 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 sa IN Colocation Specific Terms and Conditions 7 w r Ep 11 1 Subject always to the termination provisions of in accordance with this sub clause will only be 11 2 11 3 12 12 1 12 2 the General Terms and Conditions of Supply once the Colocation Service has been activated and is available for you to use you may only end this Agreement by notice equal to the Minimum Cancellation Notice Period whic
8. ccordance with this Agreement the avoldaliee DE gout me Chiaiges sha f h h is pl Colocation Services shall be provided for the cei Pomi Aae gale i order E Places Minimum Service Period from the date of for service to enter a work in progress state activation The Minimum Service Period shall 5 4 All amounts payable by you in accordance with be the greater of 12 months or the period set the Agreement shall be exclusive of Value outin the Customer Order Form Added Tax VAT or any other applicable tax 4 3 On expiry of the periods referred to in Clause prouy ANEN onal pE Raven manata II h f 4 2 above as appropriate the Colocation AU SOCR AMOURS OUE tem you Services will unless terminated on or before 5 5 Where you have a 30 day credit account we the date of such expiry automatically renew will send you a VAT invoice following until terminated pursuant to this Agreement or completion of the provision of the Colocation until a new contract term is agreed between us Services Where you have no credit facility we anid you will send you a VAT receipt following receipt by 5 CHARGES us of your payment 5 1 Except as otherwise provided in the 5 6 You agree that you will notify us as soon as ible of h i i i Agreement all Charges and other sums due possivie of any change IN yaur credireni l card or bank account details Should you from you in respect of the Colocation Services l h l shall be set out in the Customer Order Fo
9. connect the Equipment to and to configure your machines on your own network Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk IN We will provide you with transit and routing services for e mail and general Internet access We will in consideration of the Charges deliver IP packets to your network boundary only and will not be or be held responsible for the transit routing and delivery of IP packets to individual workstations on your network We will use our reasonable endeavours to ensure that the Colocation Services are provided with reasonable skill and care and in accordance with industry standards In order to maintain the quality and safety of the Colocation Services and any other services which we provide to our customers we may from time to time a suspend close down or restrict the whole or any part of the Colocation Services in order to carry out emergency or other repairs maintenance and or improvements or to prevent overload of the network or to preserve the safety security or integrity of the Colocation Services and any Internet traffic conveyed although we will give you as much notice as is reasonably practicable before doing so and will use our reasonable endeavours to carry out such works during the relevant scheduled maintenance periods as published by us and
10. e and accept that immediate access may not be possible Subject to clauses 7 1 a and b you shall be allowed access to the Colocation Suite where your Equipment is hosted only under the supervision of a Zen engineer at all times and strictly by appointment Where your Equipment is hosted in a data centre managed by us but operated by a third party such as Telecity you may access the data centre un supervised when specific written consent is provided by us and all of the data centre operators access procedures are followed Unsupervised access is provided at our discretion Telecity provide an online access control system for equipment hosted specifically in our suite at Telecity On entering your username and password into Telecity s online access control system an access code is generated that corresponds to Page 5 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 13a Colocation Specific Terms and Conditions 7 each authorised user scheduled to attend site Managing authorised personnel for site visits is therefore your sole responsibility and great care should be taken with the username and password used by the access control system Only authorised personnel who present a valid access code on arrival will be granted access to our suite in Telecity The access code will expire if you do not arrive on the pre arranged day f Customer maintenance within the cabine
11. h relation to any such liability is made Such Tiira Pany user was a pany to this insurance shall be maintained with a reputable Adrogmeni i ill incl i f i insurer and will include a waiver of subrogation 6 7 You agree not to do any act or thing which in favour of us and or the data centre operator shall be a breach of any lease licence or hall f bee l EN ana you shal produce ah emana tor agreement legislation including but not limited i i h inspection by us and or the data centre to all relevant Health and Safety regulations f of such i l operator adequate proot of euch insurance regulation or order or otherwise affecting the 6 2 You shall provide all necessary access to Veeg any OF our Golecation sulles Ar Equipment information facilities and provision of the Colocation Services and or authorisations necessary to enable us to fulfil Beg OF ie Eguipmen and Shallpranure irat al our obligations under the agreement where individuals at any of our Colocation Suites on appropriate and shall provide such cooperation your authority or at your invitation abide by all as we may reasonably require in connection rules and regulations notified to you by us from with the Colocation Services imeto time 6 3 You shall provide us with all relevant user S9 POU era note Pere make any manuals software and access code s and alteration or modification to any of our other documentation necessary for us to Colocation Suites or any of the Racks storage
12. h must expire on or after the Minimum Service Period Termination before the activation date of the service as specified by us may be subject to any charges incurred by us and we reserve the right to claim against you for any charges incurred We may terminate all or any of the Colocation Services by notice equal to the Minimum Cancellation Notice Period to expire at any time on or after the Minimum Colocation Service Period without incurring any liability Unless otherwise stated the Minimum Cancellation Notice Period is 30 days NOTICES You agree to keep the contact details which you have provided to us up to date Any notice or other information to be served by us on you in accordance with this Agreement will be validly sent if in writing and sent by either e mail or first class post to your last known e mail or postal address Any notice sent by first class post will be deemed served two days after posting Any notice sent by e mail will be deemed served on the day that it is sent Any notice to be served on us must be in writing and sent either by pre paid first class post to our registered office or to such other address as may be specified by us to you for this purpose from time to time Any notice sent Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk deemed served if and when you
13. have received a written acknowledgement from us Page 9 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 sa
14. means the single Ethernet cable provided as part of the Colocation Service to Customer Order Form means the order form for the enable your Equipment to connect to the Internet supply by us of the Equipment and or Colocation Services completed by or in accordance with an Rack means the physical chassis frame or cabinet order from you which will house your Equipment Customer Service Manual means the document Shared Rack means a Rack that is provided to provided to you by us and which includes house multiple different customers equipment and procedures on how to contact us throughout the is not for the sole use of any single customer ice Peri i Service Period together with the Data Centre Service Level Agreement or SLA means the A Poli nd rel Health Gcaptaole Usa Policy and fervent Fean ang service level agreement relating to the Colocation fety Regulations f Salely Regulations and Network Connection Service that describes the Data Centre means a building in which a service levels to be met by us together with the Colocation Suite is situated whether owned by us or remedies available to you for failure to meet such a third party service levels Service Period means the period of an individual Service provided in accordance with this Agreement Colocation Specific Terms and Conditions Page 1 of 9 Issue 2 2 09 Friday 21 August 2009 Zen Internet Sandbrook Park
15. propriately Authorised personnel in your organisation This includes instructions to delegate responsibility to a third party such as a parcel courier We are not responsible for items that are lost damaged in transit to and from our facilities New Equipment to be added to an existing solution must conform to power consumption limits and size constraints as set out in the original order Any Equipment that arrives at Zen for installation must be clearly labelled for installation to include labelling of power receptacles and network ports You are advised to check your device network configuration prior to shipment to ensure it will operate correctly using the network set up details provided by us Network Interface Cards and network ports present on your Equipment that are to be connected to our network must conform to the following basic standards to ensure proper operation a 10 100Mbps Fast Ethernet supporting auto negotiation and manual speed selection Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk 9 1 10 10 1 10 2 10 3 11 IN b full duplex operation and c presented as an RJ45 connector d or such other standards that may be communicated by us to you from time to time OUR OBLIGATIONS Without prejudice to our rights pursuant to clause 10
16. rm ER oo aie pene m and or the invoice relating to such Colocation socal dance wih tas Agreement Its your responsibility to terminate any standing order Services with your bank 6 YOUR OBLIGATIONS Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk Page 3 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 IN Colocation Specific Terms and Conditions 7 v r Ep 6 1 The Equipment shall be at your risk at all times 6 5 You agree that you and your employees sub and you shall be responsible for insuring the contractors and agents shall not examine or Equipment against all risks You shall also interfere with the System or any other effect and maintain insurance for public equipment in any of our Colocation Suites liability material damage and business interruption cover from the Commencement 6 6 You agree that you will procure that in so far Date until such date as is necessary to ensure aS e UBS DE Tiira Pary DaS Aogas 10 ar Se that insurance is provided for all of your of the Colocation Services such user or Third liabilities arising under this Agreement and Pary Mii compi wah aike tiime and which would usually be covered under such obligations under this Agreement save for the policies irrespective of when any claim in obligations in relation to payment as if suc
17. t is limited to the replacement of hot swappable parts and the replacement of parts that are designed for in situ access with the equipment powered down Extensive work that requires equipment to be dismantled should be done away from the cabinet in the designated repair area g While we try to ensure that authorised personnel behave responsibly on site we cannot be held responsible for damage or service interruption caused by Appropriately Authorised personnel working in Shared equipment cabinets 7 2 We and or the data centre operator reserve the right to refuse any person entry to any of our Colocation Suites if a he or she cannot demonstrate that he she is Appropriately Authorised or b we and or the data centre operator reasonably consider it inappropriate to allow the individual entry to any of our Colocation Suites for any reason whether Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk IN or not they are Appropriately Authorised or c any individual wishing to acquire access refuses to be searched and for any items including data storage devices to be properly checked 7 3 A person will only be Appropriately Authorised if we have had reasonable prior written notice from you stating that the person concerned is to be permitted access to the Equipment on your
18. that particular time and all other regulations that apply to it from time to time including without limitation those concerning safety and electromagnetic compatibility and c that the provision of any Colocation Services in the proper discharge of our obligations under this Agreement will not infringe any patents trademarks design rights whether registerable or otherwise copyright database right know how and other similar rights or obligations whether registerable or not of any third party in any country 7 YOUR RIGHTS 7 1 We shall permit you upon reasonable notice a where your Equipment is hosted in a Shared Rack to be granted access to the Colocation Suite 24 hours a day 7 days a Colocation Specific Terms and Conditions Issue 2 2 09 Zen Internet Sandbrook Park Sandbrook Way Rochdale OL11 1RY Tel 01706 902100 E mail info zen co uk Web www zen co uk b c d e IN week for the purpose of inspecting the Equipment and facilities provided and where your Equipment is hosted in a Dedicated Rack to be granted access to the Colocation Suite 24 hours a day 7 days a week for the purpose of carrying out any necessary maintenance and or repair to the Equipment not covered by our service Notwithstanding clauses 7 1 a and b in cases where emergency maintenance and or repair work is necessary you shall give us as much notice as is possible under the circumstances and you acknowledg
19. ue and f where appropriate you will supply an appropriate 19 inch Rack mount kit suitable for fitting in a 1000mm Cooper B line cabinet details of which will be made available on request Cage nuts network cabling for connection to our network and power cords are provided by us Equipment will not be accepted for installation unless it is appropriately mounted in the cabinet If you wish to send Equipment for installation as part of an existing solution then you must provide us with 48 hours notice in advance of delivery Deliveries for our Colocation Suites must be sent directly to the appropriate Colocation Suite and will only be accepted during normal Business Hours on a business day Prior notification of deliveries must be given to us otherwise deliveries may be turned away Suitable notification can be given by contacting us in accordance with the procedure set out in our Customer Services Manual When collecting equipment from us Appropriately Authorised personnel from your company will be asked for identification that Page 7 of 9 Friday 21 August 2009 Registered in England No 03101568 Zen Internet 2008 13a Colocation Specific Terms and Conditions 8 5 8 6 8 7 8 8 8 9 will be photocopied for auditing purposes Equipment will only be released to Appropriately Authorised from your organisation Instructions to install remove and relocate Equipment can only be taken from Ap
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