The General Terms & Conditions apply to the Colocation Service Terms in addition to these Colocation Service Terms. If You are taking a Managed Colocation Service then the Managed Service Terms and any applicable specific package terms also apply.
Unless detailed in clause 1 in these Colocation Service Terms, any definitions are as defined in the General Terms & Conditions.
“Scholar Web Services Network” refers to Scholar Web Services’ owned or leased routers, switches, cabling and other network equipment used in or responsible for connecting Colocated Equipment or Equipment hosted by Scholar Web Services to the outside world;
“Scheduled Maintenance” is defined as maintenance considered necessary by Scholar Web Services for the continued or optimum provision of service, including but not limited to network upgrades and security updates, whether or not pre-notified;
“Abuse Complaint” is a complaint, either by Scholar Web Services or a third party, about the Client’s use of the Services;
The Services shall be as described in this Agreement and any associated Service Schedules from time to time. All Service Schedules shall be deemed to be an offer to the Client and shall only be deemed accepted by Scholar Web Services when counter-signed by an authorised representative of Scholar Web Services or for online or verbal orders then when formally acknowledged as accepted by Scholar Web Services. In the event of any conflict between any details of Service provision in this Agreement and those in the Service Schedule then the provision in the Service Schedule shall prevail.
Scholar Web Services reserves the right at any time and from time to time to amend, improve or correct the Services and/or Equipment (or any part thereof) provided that such modification does not materially reduce the overall quality of the Services. This includes the right to substitute the Equipment with Equipment of similar or better specification, where necessary. Scholar Web Services shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and Scholar Web Services shall not be liable to the Client or to any third party for any such modification or any failure to give such notice and where relevant that shall be classed as Scheduled Maintenance.
Scholar Web Services may make any changes to this Agreement as it deems necessary from time to time to take into account operational and technical matters (including the terms on which its third party providers provide Scholar Web Services with services) and changes to any applicable laws and regulations. Such changes shall be notified to the Client by posting the changes to the Scholar Web Services website and shall be deemed to be incorporated into this Agreement and be legally binding on the parties with effect from the date such posting is made. Scholar Web Services will endeavour to give calendar 30 days’ notice of any such changes direct or through that website but any failure to give such notice shall not act to prevent such changes having full contractual effect.
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including without limitation the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power) but without prejudice to Scholar Web Services’s power of sale of Colocated Equipment left at the Data Centre.
3 COMMENCEMENT AND TERM
This Agreement shall come into effect upon the latest date of a party’s signature of this Agreement and, subject to the provisions of this Agreement shall continue indefinitely after that until all Service Schedules have been validly terminated in accordance with this Agreement.
The commencement date of each Service Schedule under this agreement shall be the date when the Services are handed over by Scholar Web Services. The Services shall continue under each Service Schedule for the Minimum Term. The Minimum Term of all Schedules shall automatically extend for a period of time equal in length to the Minimum Term (the “Subsequent Term”) at the end of the Minimum Term and at the end of each Subsequent Term. Either party may provide notice to terminate a Service Schedule by giving written Notice to the other party no later than 3 months before the end of the Minimum Term or the relevant Subsequent Term, as the case may be.
4 RADIOFREQUENCY EMISSIONS
The Client will not install any equipment or cause any radiofrequency emissions to be made from the Data Centre environment, such as WiFi, GSM signals, CB radio or otherwise, without the express written permission of Scholar Web Services.
5 USE OF DATA CENTRE ENVIRONMENT
The Client will make use of the Data Centre environment provided by Scholar Web Services in a way according to industry standard practice, and will follow all requests and instructions given by Scholar Web Services in how to use the environment. The Client must maintain separation of hot and cold air by using blanking plates in unused ‘U’ space. In the event that the Client does not maintain blanking plates in unused ‘U’ space, Scholar Web Services reserves the right to charge an additional power usage fee in lieu of the decreased efficiency of the facilities cooling systems as a result of the Client’s actions.
The Client will not install any equipment outside of the provided racks, be that on top, underneath, on the side, or front/rear of the cabinets. The Client will not affix labels or otherwise mark the exterior of the cabinets. The Client will not leave any waste packaging, such as cardboard, foam or wrapping within the cabinets or the data halls. The Client is responsible for the safe disposal of any packaging or waste.
For the security of all users of the data centre environment, the Client will not install cameras, microphones, or other devices for capturing images, video or sound from the data centre environment. The Client will not take photos or videos of the data centre environment using mobile cameras or similar devices without express written permission from Scholar Web Services.
6 ACCEPTABLE USE POLICY
Scholar Web Services’s Acceptable Use Policy (“Policy”) is intended to help protect the Scholar Web Services service, clients and the Internet community in general from irresponsible or, in some cases, illegal activities, and the Client agrees to be bound by the Policy.
1. The Client and their end users shall not, nor shall they permit, enable, or assist others, to use the Services for any breach of any applicable local, national or the international law or regulation or generally accepted transmission or application protocols applicable to the Internet or any part of it or to anything connected to it or to any user of it. Such prohibited use includes but is not limited to the following:
a. civil infringement of and/or criminal offences relating to IPRs; or
b. commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 (UK) or any similar legislation in any country; or
c. knowingly or recklessly transmitting, displaying or posting to a publicly accessible service any material which is unlawful or actionably defamatory or an invasion of privacy, breach of an intellectual property right or breach of a right of publicity in any jurisdiction with which any publicly accessible service reasonably appears to have any connection or from which it may reasonably be apprehended that a publicly accessible service is likely to be significantly accessed; or
d. transmitting, transferring, displaying or posting to a publicly accessible service any material in breach of the Data Protection Act 1998 (UK) or similar legislation in any other country or of any material which is confidential or is a trade secret or which affects the national security of the United Kingdom or the said territory or which may expose Scholar Web Services to any liability, loss or penalty under the laws and/or regulations and/or decrees of the United Kingdom or any other country relating to the export of or dealing with military or potentially military resources; or
e. use of the Services or the Internet in any manner which is a violation or infringement of any rights of any kind or nature (whether similar to any of the foregoing or otherwise) of any person; or
f. any sending of unsolicited email messages or any mass mailing of unsolicited advertising material by the Client; or
g. any activity that potentially could harm the Scholar Web Services Network, its clients’ networks or other networks, including traffic flooding, malicious overflows, etc; or
h. any activity that Scholar Web Services decides at its absolute discretion is an unsuitable use of the Services (and any failure or delay to exercise its discretion shall not be taken as approval or condoning of such use).
2. The Client is responsible for:
a. Maintaining email addresses of the forms email@example.com and firstname.lastname@example.org for receiving complaints of network abuse activities, as suggested by Internet Official Protocol Standard RFC 2142. Typically, these email addresses will forward emails to the real user accounts of the responsible persons for treating the network misuse complaints.
b. The activities of its customer base or end-users and, by accepting service from Scholar Web Services, is agreeing to ensure that its clients abide by this Policy. If irresponsible or illegal activity continues, even after Scholar Web Services tries to communicate with the Client, then the Client may be subject to an appropriate action in order to stop those activities.
3. All complaints related to network misuse – including email abuse – are to be sent to email@example.com
4. IRC services or IRC-related services are not permitted. This includes, but is not limited to: “IRCd servers,” “eggdrops,” “bots,” and “bouncers.” The purpose of this restriction is to prevent attacks on the Scholar Web Services service due to malicious activity that has been known to occur on the IRC networks EFnet and Undernet.
5. The Client warrants that it will respond to any Abuse Complaints within 24 hours and urgently respond and comply with all take-down or similar notices or requirements.
7 SERVICE LEVEL AGREEMENT
The objective of this SLA is to document the availability of the Service that Scholar Web Services is to achieve. This does not constitute any additional liability to Scholar Web Services, but instead a self-assumed obligation towards the Client. Under these conditions below Scholar Web Services offers to pay the Client service credits if the availability defined below is not met.
Scholar Web Services shall guarantee the availability for each metric in the relevant table below, subject to exclusions as defined below. If Scholar Web Services fails to meet this guarantee a credit shall be available to the Client as defined in the relevant table below. Availability criteria, criteria measurement, availability targets and service credits are specific to the relevant Data Centre facility where the client takes a Colocation Service from Scholar Web Services.