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Terms and Conditions

Co-Location

revision 2.1
17th January 2008

These Specific Terms and Conditions are to be read in conjunction with our Master Services Agreement. All definitions contained within these Specific Terms and Conditions have the same meaning as those set out in the Master Services Agreement.

1. THE SERVICES

1.1 The Co-location Service to which these Specific Terms and Conditions relate provide you with rackspace for your equipment, within one of Gravity Internet’s secure suite at Telehouse Europe or The Bunker and hosted on a high-speed connection to Gravity Internet’s core network.

2. CUSTOMER OBLIGATIONS

      2.1 The Equipment shall be at the Customer’s risk at all times and the Customer shall be responsible for insuring the Equipment and any Additional Equipment against all risks. The Customer shall also effect and maintain insurance for public liability, material damage and business interruption cover from the Commencement Date until such date as is necessary to ensure that insurance is provided for all of the Customer’s liabilities arising under this Agreement and which would usually be covered under such policies irrespective of when any claim in relation to any such liability is made. Such insurance shall be maintained with a reputable insurer and will include a waiver of subrogation in favour of Gravity Internet and the Customer shall produce on demand for inspection adequate proof of such insurance.

      2.2 The Customer shall provide all necessary access to Equipment, information, facilities and authorisations necessary to enable Gravity Internet to fulfil its obligations under the agreement where appropriate and shall provide such cooperation as Gravity Internet may reasonable require in connection with the Services.

      2.3 The Customer shall provide Gravity Internet with all user manuals, software and access code and other documentation necessary for Gravity Internet to provide the Services.

      2.4 The Customer shall not be permitted to connect any of the Equipment to, or disconnect any of it from the System in Gravity Internet’s suite without, in each and every case, the prior written consent of Gravity Internet.

      2.5 The Customer, its employees, sub-contractors and agents shall not examine or interfere with the System or any other equipment in Gravity Internet’s suite.

      2.6 The Customer will procure that in so far as a User or Third Party has access to or use of the Co-location Services, such User or Third Party will comply with all the terms and obligations under this Agreement, save for the obligations in relation to payment, as if such User Third Party was a party to this Agreement.

      2.7 The Customer shall not do any act or thing which shall be a breach of any lease, licence or agreement, legislation (including but not limited to all relevant Health and Safety regulations), regulation or order or otherwise affecting the use of Gravity Internet’s suite or provision of the Services and/or use of the Equipment and shall procure that all individuals at Gravity Internet’s suite on its authority or at its invitation abide by all rules and regulations notified to them by Gravity Internet from time to time.

      2.8 The Customer shall not be permitted to make any alteration or modification to Gravity Internet’s suite, or any of the Racks, storage facilities, fixtures and fittings or any other facilities provided.

      2.9 The Customer shall keep that part of Gravity Internet’s suite 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.

      2.10 The Customer undertakes that it will ensure that any Third Party has no rights in Gravity Internet’s suite or against Gravity Internet.

      2.11 The Customer warrants and represents to Gravity Internet as follows:

            2.11.1 that it will act with all due care and skill when inside Gravity Internet’s suite, working on the Equipment or otherwise performing its obligations under this Agreement;

            2.11.2 that any Equipment installed at Gravity Internet’s suite shall at times fully conform with the manufacturer’s specifications of the Equipment, the relevant standard or approval at that particular time and all other regulations that apply to it from time to time, including without limitation, those concerning safety and electro magnetic compatibility;

            2.11.3 that the provision of any Services in the proper discharge of Gravity Internet’s obligations under this Agreement will not infringe any patents, trade marks, 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;

3. CUSTOMER RIGHTS

      3.1 Gravity Internet shall permit the Customer upon reasonable notice:

            3.1.1 to be granted access to Gravity Internet’s suite between 09:00 hrs and 17:00 hrs on a Business Day for the purpose of inspecting the Equipment and facilities provided; and

            3.1.2 to be granted access to Gravity Internet’s 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 the Gravity Internet service. In cases where emergency maintenance and/or repair work is necessary the Customer shall give Gravity Internet as much notice as is possible under the circumstances (and the Customer acknowledges and accepts that immediate access may not be possible).

            3.1.3 Subject to clauses 3.1.1 and 3.1.2 Shared rack hosting customers are allowed access to the Co-location facility only under the supervision of a Gravity Internet engineer at all times, strictly by appointment.

            3.1.4 During business hours (9am to 5pm Monday - Friday) a Gravity Internet engineer can be on site to provide access to equipment (Shared rack hosting customers must be accompanied by a Gravity Internet engineer). Attendance outside working hours will necessitate a charge for engineer visits.

            3.1.5 Maintenance within the cabinet 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.

            3.1.6 While Gravity Internet tries to ensure that authorised personnel behave responsibly on site, Gravity Internet cannot be held responsible for damage or service interruption caused by authorised personnel working in Shared equipment cabinets.

            3.1.7 A Gravity Internet engineer’s time will start when the Customer reports via "Gravity Internet’s Customer Call Handling System" and finish when all work, including production of Customer requested reports, is completed and closed down on the "Gravity Internet Customer Call handling System". First Line Support will be provided in any instance where Gravity Internet’s attention to the Equipment is required, and shall comprise solely of engineers following precise Customer instructions. The responsibilities for the outcome of those actions lie with the Customer (unless the engineer acts maliciously).

      3.2 Gravity Internet or the owners of the Co-Location sites reserve the right to refuse any person entry to Gravity Internet’s suite if:

            3.2.1 he or she cannot demonstrate that he/she is appropriately authorised; or

            3.2.2 Gravity Internet reasonably considers it inappropriate to allow the individual entry to Gravity Internet’s suite for any reason (whether or not they are appropriately authorised); or

            3.2.3 any individual wishing to acquire access refuses to be searched and for any items (including data storage devices) to be properly checked.

      3.3 A person will only be "appropriately authorised" if Gravity Internet has had reasonable prior written notice from the Customer stating that the person concerned is to be permitted access to the Equipment on its behalf together with the status of such person(s). Individuals authorised to access your equipment are identified by a list held by Gravity Internet drawn up at the point of sale. The Customer acknowledges that it is their duty to notify Gravity Internet of authorised personnel, in good time and is required to notify us of any change to the list of authorised personnel in writing.

      3.4 Any individual may be asked for additional identification on arrival at the facility.

4. CONDITIONS OF USE

Installation of new equipment is subject to the following conditions:

      4.1 That the equipment, if it is out of the manufacturers warranty period, has undergone an electrical safety test within the past 12 months.

      4.2 Equipment must conform to the appropriate specifications for the Co-location product:

            4.2.1 dedicated Co-location customers should note that the total power rating that can be delivered to a cabinet is 6 amps. The total power consumption of equipment under start-up conditions in a fully populated cabinet should not exceed this value.

            4.2.2 shared Co-location customers should note 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.

            4.2.3 Equipment supplied must be suitable for installation in a 19 inch wide, 1 metre deep cabinet. Equipment designed for installation in 600mm or 800mm cabinets needs to be accompanied by an appropriate mounting kit.

            4.2.4 The total weight limit of a fully populated cabinet is 1200KG. The total weight of installed equipment should not exceed this value.

            4.2.5 the client should 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 and power cords, are provided by Gravity Internet. Equipment will not be accepted for installation unless it is appropriately mounted in the cabinet.

      4.3 Instructions to install, remove and relocate equipment can only be taken from authorised personnel in your organisation. This includes instructions to delegate responsibility to a third party such as a parcel courier. Individuals authorised to request changes to your equipment are identified by a list held by Gravity Internet and drawn up at the point of sale. You are required to notify us of any change to the list of authorised personnel in writing.

      4.4 Gravity Internet is not responsible for items that are lost/damaged in transit to and from our facilities.

      4.5 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.

      4.6 Any equipment that arrives at Gravity Internet 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 Gravity Internet.

      4.7 Network Interface Cards, and network ports present on customer equipment that are to be connected to Gravity Internet’s network, must conform to the following basic standards to ensure proper operation:

            (i) 10/100Mbps Fast Ethernet - supporting auto negotiation and manual speed selection

            (ii) Full duplex operation

            (iii) Presented as an RJ45 connector

5. EXTENT OF ENGINEER SUPPORT

      5.1 Gravity Internet engineers are available to assist in troubleshooting problems with your hosted equipment. Troubleshooting support extends to:

            5.1.1 reading diagnostic lights and indicators

            5.1.2 reporting on error conditions and events at the direction of the client, from the system console

            5.1.3 removing/replacing/reseating hot swappable components

            5.1.4 reseating external connectors

            5.1.5 rebooting equipment

            5.1.6 remove/replace rack mounted hardware

      5.2 Engineer support does not cover:

            5.2.1 removing/replacing/reseating equipment that is not considered to be hot swappable: including but not limited to: memory components, CPUs.

            5.2.2 modifying operating software or application settings: For example patching, modifying registry settings etc.

6. OUR OBLIGATIONS

6.1 Without prejudice to the rights of Gravity Internet pursuant to clause 5.1 above, Gravity Internet agrees that it shall use all reasonable endeavours to consult with the Customer prior to any relocation and to minimise any disruption caused to the operation of the Equipment.

7. OUR RIGHTS

      7.1 Gravity Internet shall be entitled upon not less than 1 months’ written notice from time to time to the Customer to move the Equipment to a different location within Gravity Internet’s suite or to a different Co-location facility nominated in writing to the Customer by Gravity Internet, provided that the Co-location facility concerned is reasonably close to the previous suite. The costs and expenses incurred by Gravity Internet in moving and installing the Equipment shall be borne by Gravity Internet.

      7.2 The Customer shall permit Gravity Internet (and ensure that Gravity Internet obtains) unrestricted access to the Equipment at all times to ascertain whether the Customer’s obligations under this Agreement have been duly observed and performed.

      7.3 Where Gravity Internet is in breach of this Agreement and such breach can be remedied by re-performance within a reasonable time, such re-performance shall be the Customer’s sole remedy in respect of such breach.

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