The Supplier’s corporate details are as follows: M9 (IT) Ltd; Company Reg No:  043439000; VAT Reg No: GB 202 2531 70 ; Registered In England & Wales; Registered Address 46-50 Fenchurch Street, London, EC3M 3JY.

Title to goods shall remain vested in M9 (IT) Ltd and shall not pass to the buyer until the purchase price for the goods has been paid in full and received by M9 (IT) Ltd

The following Schedules form part of this document:

  1. Acceptable Use Policy
  2. Service Level Agreement
  3. Provision of Remote Services

Acceptable Use Policy Schedule – AUP Effective Date:  February 2015

This policy sets out what is acceptable use of the facilities provided within the Supplier’s data centres. In the context of this AUP, “Client” includes its staff, agents, representatives and Third Party Owners.

  1. The permitted use of the Supplier’s premises (“the Premises”) by the Client shall be the installation and operation of computer equipment and any ancillary use.
  2. The Client shall not make use of the Premises for anything other than the permitted use.
  3. The use of the Services for the following is expressly prohibited:
    1. Bulk, unsolicited email or spamming, including but not limited to open or anonymous relay.
    2. Knowingly hosting a site for the purpose of fraudulent activity, including, but not limited to, phishing
    3. Storing or hosting software, including DNS services, for the purposes of fraud or deception
    4. Infringing third party rights, including but not limited to, Intellectual Property Rights
    5. The use of pirated software
    6. Knowingly transmitting or storing viruses, Trojans, worms and any other form of malware.
  4. The Client shall not do anything on the Premises which in the reasonable opinion of the Supplier, may be a nuisance or disturbance to the Supplier, its other Clients or occupiers of adjacent properties or bring onto the Premises any hazardous or dangerous substance.
  5. The Client shall comply with such reasonable regulations and conditions (“Site Rules”) as the Supplier may stipulate from time to time to facilitate the orderly running and management of the Premises. Site Rules shall be made available on request to visitors to the Premises.
  6. Access to the Premises is permitted with prior notice but must be in accordance with the security procedures in force from time to time and notified in writing to the Client. Clients using shared colocation facilities within a rack may only access the racks containing their servers if accompanied by a member of M9’s technical staff. If access is required in these circumstances outside Normal Working Hours, acceptable prior notification will be required and Additional Charges may be payable.
  7. “Remote Hands” shall mean work carried out at the request and under the direction of the Client and shall relate to the resetting of an operating system or hardware, the replacement or installation of components, the replacement or installation of hard drives the provision or installation of patch cables or checking cable connections, in all cases only in accordance with the Client’s instructions. Any matter requiring intervention by the Supplier’s technical staff in relation to the Client’s hardware, programs or systems or the configuration thereof, shall fall outside the definition of Remote Hands and will be chargeable at the relevant rate for Remote Services notified to Clients from time to time. Tape and data rotation work falls outside the scope of Remote Services but will be carried out if requested by the Client under terms to be agreed between the Client and the Supplier.
  8. The Client shall not at any time access, touch or interfere with any equipment belonging to the Supplier other than racks belonging to the Suppliers in which the Client’s own equipment is located without the Supplier’s express separate consent on each and every occasion and under no circumstances may the Client access, touch or interfere with any equipment belonging to any other Client of the Supplier
  9. The Client shall install and maintain its equipment in accordance with manufacturers’ instructions, keep it in safe and working order and free from defects that might be a hazard to persons or property.
  10. The Client’s equipment installed on the Premises shall not cause any additional fire risk nor be likely to damage or impair the operation of other computer equipment on the Premises. Client’s equipment installed in racks located in cold aisles must be installed with air intakes facing into the enclosed cold aisle. In the event of equipment being installed other than in accordance with this requirement and the Client fails to reinstall the equipment facing in the required direction within 7 days of a written notice to do so from the Supplier, the Supplier reserves the right on 24 hours’ notice in writing to power down the equipment in question.
  11. Equipment cartons may only be brought into the data room for the purposes of installing or removing the Client’s own equipment. The storage of cartons, whether or not containing equipment within racks is expressly prohibited because of the potential fire hazard and potential impairment of air conditioning functionality.
  12. The Client may not at any time alter or damage the Premises nor make any additions to it or erect any signage except with the prior written consent of the Supplier.
  13. The Client must observe all reasonable health and safety requirements of the Supplier whilst on the Premises.
  14. Any restrictions on what may not be done whilst on the Premises or within the data room notified to the Client by signs within the Premises must be observed.
  15. In the event of a state of pandemic, access to the Premises or particular parts of the Premises may be denied or be subject to those restrictions or conditions as may be reasonably necessary to attempt to limit the spread of infection. If access to the data room is denied in these circumstances, Remote Hands support will be provided free of charge.

Service Level Agreement Schedule 

  1. Network Service Levels

1.1 Network Availability

The Supplier guarantees 99.7% uptime of the network within its data centres during any calendar month, measured at its backbone routers and switches and 99.7% connectivity to upstream carriers where bandwidth is provided as part of the Services. For the purposes of measuring performance against this SLA, standard BGP re- negotiation periods are excluded. The Supplier cannot guarantee routing, latency or packet loss once data traffic has left its own network however the Supplier, so far as is practicable, will configure its routers and switches to ensure outbound data traffic is routed via the available carriers with the best routes to the destination addresses.

  1. Service Outages

2.1 Planned Outages and Major Works.

The Supplier may undertake planned outages or major works that may result in outages. Clients will be notified of planned outages or major works by email. During periods of planned outage or major works, the Supplier does not guarantee service availability and the terms of Clause 4 below will not apply. The Supplier will give advance notice no less than 7 days before the commencement of planned outages or major works. Outages will only be invoked when there is no practical workaround available and each notice will specify timing and expected downtime or the duration of the major works. The Supplier will endeavour to time planned outages and major works so as to minimise the impact on Clients’ business activities.

2.2 Denial of Service Attacks

The Supplier shall not be liable for network instability or unavailability arising from a denial of service attack directed at or originating from one or more servers located within a data centre through which network connectivity originates or is routed.

Limitations of Liability

3.1 The T&Cs of which this Schedule is part that relate to the Supplier’s warranties and liability shall apply to this Service Level Agreement.

3.2 Compensation arising from this Service Level Agreement is limited to the maximum value of 6 months’ regular charge per billing period as set out in the Schedule of Services and Payment per 12 month period measured from date of contract. In the event that the terms of this Service Level Agreement might otherwise be modified to the detriment of the Client by the terms of an Agreement, the terms of this Service Level Agreement shall prevail.

3.3 In the event the Client experiences any downtime in excess of the Service Level Agreement and the Supplier determines in its reasonable judgement that such inability was caused by the Supplier’s failure to provide Services for reasons within the Supplier’s reasonable control and not as a result of any action or inaction of Client or any third parties (including Client equipment and/or third party equipment), the Supplier will, upon Client’s request, credit the Client’s account as described above.

3.4 In the event of any form of denial of service (“DOS”) attack directed at or originating from any one client where the attack disrupts or threatens to disrupt the network connectivity or availability for other clients, the Supplier may disconnect the client that is the target or source of the attack from the Supplier’s networks until the issues arising from the attack or compromised machines are resolved. In these circumstances, the Supplier shall not be liable to the client in respect of the disconnection arising from the DOS attack.

Level of Service Scope of Service
Remote Hands Resetting of an operating system Resetting of hardware
Replacement of components Installation/removal of hard drive Provision and installation of patch cables Checking cable connections
Remote Support Any process or procedure at Client’s direction or in accordance with a third party supplier’s written instructions not falling within the scope of Remote Hands; examples include: OS installations to published procedures, Changes to OS settings under direction of Client, Software installations to published procedures, Logging on to Client’s servers, Web server admin tasks, Software updates .
Remote Investigation Tasks that require investigatory work, such as network or system troubleshooting and resolving OS or database issues

 

Terms and Conditions relating to Remote Services

  1. The Supplier provides three levels of Remote Services, the scope and pricing of which are set-out below:
  2. The scope and pricing of Remote Services may be amended by the Supplier on 30 days’ notice to the Client in accordance with Clause 14.1 of the T&Cs.
  3. If a request for Remote Services is accepted, they will be provided as soon as practicable after the receipt of a request in writing and a technician qualified to deal with the request becomes available.
  4. Except where the Supplier has previously agreed to the provision of Remote Services on specific terms, the Supplier may decline to respond to a Client’s request for Remote Services.
  5. The Supplier’s technicians will carry out requests for Remote Services with due care but only under the direction of the Client or in accordance with manufacturers’ or suppliers’ written instructions. It is the Client’s responsibility in requesting Remote Services to ensure that the request is not prejudicial to the continuing operational capability, functionality or integrity of Client Property (which in this context extends to data and systems outside the Supplier’s premises) or the connectivity of Client Property. The Supplier shall not be liable for any direct or consequential loss arising from the provision of Remote Services.