Colocation Specific Terms and Conditions

Rev 5 - 05/01/2009

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

1. 1 THE SERVICES
   1. 1.1 The Colocation Services to which these Specific Terms and Conditions relate provide you with an allocation of space within a shared or dedicated rack for your equipment, within one of Zen Internet's secure Colocation suites. A high-speed connection to Zen Internet's core network is also provided. Zen Internet's range of Colocation services are outlined at http://www.zen.co.uk/hosting.
2. 2 CUSTOMER OBLIGATIONS
   1. 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 Zen Internet and/or the data centre operator and the Customer shall produce on demand for inspection by Zen and/or the data centre operator adequate proof of such insurance.
   2. 2.2 The Customer shall provide all necessary access to Equipment, information, facilities and authorisations necessary to enable Zen Internet to fulfil its obligations under the agreement where appropriate and shall provide such cooperation as Zen Internet may reasonably require in connection with the Services.
   3. 2.3 The Customer shall provide Zen Internet with all user manuals, software and access code(s) and other documentation necessary for Zen Internet to provide the Services.
   4. 2.4 The Customer shall not be permitted to connect any of the Equipment to, or disconnect any of it from, the System in any of Zen Internet 's Colocation suites without, in each and every case, the prior written consent of Zen Internet.
   5. 2.5 The Customer, its employees, sub-contractors and agents shall not examine or interfere with the System or any other equipment in any of Zen Internet's Colocation suites.
   6. 2.6 The Customer will procure that in so far as a User or Third Party has access to or use of the Colocation 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 Third Party User was a party to this Agreement.
   7. 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 any of Zen Internet's Colocation suites or provision of the Services and/or use of the Equipment and shall procure that all individuals at any of Zen Internet's Colocation suites on its authority or at its invitation abide by all rules and regulations notified to them by Zen Internet from time to time.
   8. 2.8 The Customer shall not be permitted to make any alteration or modification to any of Zen Internet's Colocation suites, or any of the Racks, storage facilities, fixtures and fittings or any other facilities provided.
   9. 2.9 The Customer shall keep that part of any of Zen Internet's 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.
   10. 2.10 The Customer undertakes that it will ensure that any Third Party has no rights at any of Zen Internet's Colocation suites or against Zen Internet and/or the data centre operator.
   11. 2.11 The Customer warrants and represents to Zen Internet as follows:
       1. a) that it will act with all due care and skill when inside any of Zen Internet's Colocation suites, working on the Equipment or otherwise performing its obligations under this Agreement;
       2. b) that any Equipment installed at any of Zen Internet's Colocation suites shall at all 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 electromagnetic compatibility;
       3. c) that the provision of any Services in the proper discharge of Zen Internet's 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;
3. 3 CUSTOMER RIGHTS
   1. 3.1 Zen Internet shall permit the Customer upon reasonable notice:
      1. a) to be granted access to the Colocation suite where the customers equipment is hosted in a shared rack between 09:00 hrs and 17:00 hrs on a Business Day for the purpose of inspecting the Equipment and facilities provided; and
      2. b) to be granted access to the Colocation suite where the customers equipment is hosted in a dedicated rack 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 Zen Internet service. In cases where emergency maintenance and/or repair work is necessary the Customer shall give Zen Internet as much notice as is possible under the circumstances (and the Customer acknowledges and accepts that immediate access may not be possible).
      3. c) Subject to clauses 3.1.a and 3.1.b Shared rack hosting customers are allowed access to the Colocation suite where the customer's equipment is hosted only under the supervision of a Zen engineer at all times, and strictly by appointment.
      4. d) During business hours (9am to 5pm Monday – Friday excluding public and bank holidays) a Zen engineer can be on site to provide access to equipment (Shared rack hosting customers must be accompanied by a Zen engineer). Attendance outside working hours will necessitate a charge for engineer visits; the extent of the charge is available on request by contacting Zen Internet on the contact details available at www.zen.co.uk/contact.aspx.
      5. e) Subject to clauses 3.1.a and 3.1.b Dedicated rack hosting customers will have their own key to the Colocation suite where their equipment is hosted and therefore will have unescorted access to one of Zen Internet's colocation suites at all times. This access is subject to the visit being booked through either Zen Internet's online access control system, or Telecity's online access control system for equipment hosted specifically in Zen Internets suite at Telecity. On entering your username and password into Telecity's online access control system, an access code is generated that corresponds to each authorised user scheduled to attend site. Managing authorised personnel for site visits is therefore the sole responsibility of the Customer 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 Zen Internet's suite in Telecity. The access code will expire if the Customer does not arrive on the pre-arranged day.
      6. f) 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.
      7. g) While Zen tries to ensure that authorised personnel behave responsibly on site, Zen cannot be held responsible for damage or service interruption caused by authorised personnel working in Shared equipment cabinets.
      8. h) A Zen Internet engineer's time will start when the Customer reports via "Zen Internet's Customer Call Handling System" and finish when all work, including production of Customer requested reports, is completed and closed down on the "Zen Internet Customer Call handling System". Unused support time expires at the end of each month and cannot be carried forward. First Line Support will be provided in any instance where Zen 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).
   2. 3.2 Zen Internet and/or the data centre operator reserve the right to refuse any person entry to any of Zen Internet's Colocation suites if:
      1. a) he or she cannot demonstrate that he/she is appropriately authorised; or
      2. b) Zen Internet and/or the data centre operator reasonably considers it inappropriate to allow the individual entry to any of Zen Internet's Colocation suites for any reason (whether or not they are appropriately authorised); or
      3. c) any individual wishing to acquire access refuses to be searched and for any items (including data storage devices) to be properly checked.
   3. 3.3 A person will only be "appropriately authorised" if Zen 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 Zen drawn up at the point of sale. The Customer acknowledges that it is their duty to notify Zen Internet of authorised personnel, in good time and is required to notify us of any change to the list of authorised personnel in writing.
   4. 3.4 Any individual may be asked for additional identification on arrival at the facility.
4. 4 CONDITIONS OF USE
   1. Installation of new equipment is subject to the following conditions:
   2. 4.1 That the equipment, if it is out of the manufacturer’s warranty period, has undergone an electrical safety test within the past 12 months.
   3. 4.2 Equipment must conform to the appropriate specifications for the Colocation product
      1. a) Dedicated Colocation customers should note that the total power allocation that will be 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 Zen Internet, acting reasonably, will review the customer's rental fee on a monthly basis, based on actual power consumed. Should the total power usage in a month be in excess of the customers contracted power allocation, Zen Internet reserves the right to increase the customer's 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. A maximum upper limit, above a customer's power allocation, of 16 amps applies to fluctuations in power usage, as only 16 amp feeds are provided as standard. Zen Internet also reserves the right to, acting reasonably, review the customer's rental fees in respect of rising utility costs incurred by Zen, where the customer is outside of the Minimum Service Period. Any increase in rental fees will be notified to the customer and charged from the start of the first service period following the date of the notification.
      2. b) Shared Colocation 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. Zen Internet will also review customer's rental fees in light of rising utility costs. Any increase in rental fees will be notified to the customer and charged appropriately.
      3. c) 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. d) The total weight limit of a fully populated cabinet is 1200KG. The total weight of installed equipment should not exceed this value.
      5. e) 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 for connection to Zen's network and power cords, are provided by Zen. Equipment will not be accepted for installation unless it is appropriately mounted in the cabinet.
   4. 4.3 If you wish to send equipment for installation as part of an existing solution, then 48 hours notice must be provided to Zen in advance of delivery. Deliveries for Zen Internet's Colocation suites must be sent directly to the appropriate Colocation suite and will only be accepted during normal working hours on a business day. Prior notification of deliveries must be given to Zen Internet otherwise deliveries may be turned away. Suitable notification can be given by contacting Zen Internet on 0845 058 9010.
   5. 4.4 When collecting equipment from Zen, designated personnel from your company will be asked for identification that will be photocopied for auditing purposes. Equipment will only be released to designated personnel from your organisation.
   6. 4.5 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 Zen 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.
   7. 4.6 Zen Internet is not responsible for items that are lost/damaged in transit to and from our facilities.
   8. 4.7 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.
   9. 4.8 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 Zen.
   10. 4.9 Network Interface Cards, and network ports present on customer equipment that are to be connected to Zen's network, must conform to the following basic standards to ensure proper operation:
       1. a) 10/100Mbps Fast Ethernet - supporting auto negotiation and manual speed selection
       2. b) Full duplex operation
       3. c) Presented as an RJ45 connector
5. 5 EXTENT OF ENGINEER SUPPORT
   1. 5.1 Zen engineers are available to assist in troubleshooting problems with your hosted equipment. Troubleshooting support extends to:
      1. a) reading diagnostic lights and indicators
      2. b) reporting on error conditions and events at the direction of the client, from the system console
      3. c) removing/replacing/reseating hot swappable components
      4. d) reseating external connectors
      5. e) rebooting equipment
      6. f) remove/replace rack mounted hardware
   2. 5.2 Engineer support does not cover:
      1. a) removing/replacing/reseating equipment that is not considered to be hot swappable: including but not limited to: memory components, CPUs.
      2. b) modifying operating software or application settings: For example patching, modifying registry settings etc.
6. 6 ZEN'S OBLIGATIONS
   1. 6.1 Without prejudice to the rights of Zen Internet pursuant to clause 7.1 below, Zen 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. 7 ZEN INTERNET'S RIGHTS
   1. 7.1 Zen Internet shall be entitled upon not less than 3 months' written notice from time to time to the Customer to move the Equipment to a different location within one of Zen Internet's Colocation suites or to a different Colocation facility nominated in writing to the Customer by Zen Internet, provided that the Colocation facility concerned is reasonably close to the previous suite. The costs and expenses incurred by Zen Internet in moving and installing the Equipment shall be borne by Zen Internet.
   2. 7.2 The Customer shall permit Zen Internet (and ensure that Zen 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.
   3. 7.3 Where Zen 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.