eCloud Flex™

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  • Service Terms

    The following Service Terms apply only to the extent that the specific Services outlined below are included on your Order Form. In the event of a conflict between the Service Terms and the Conditions, the terms and conditions in these Service Terms shall prevail, but only to the extent of such conflict. Any capitalised terms used in this document shall have the meanings set out in the Conditions (save where expressly provided otherwise below) and any additional definitions outlined in relation to the relevant service.

    eCloud Flex

    Definitions - Conditions

    Given Customers may place their own orders for eCloud Flex via the Customer's 'MyUKFast' portal or the Customer's eCloud Flex 'OpenStack Control Panel, self-provision services according to their own requirements, purchase a version without support and/or choose a PAYG Option, the Conditions shall be varied as follows.

    "Agreement" shall be deemed to also include reference to any self-select order placed in the 'MyUKFast' portal or the Customer's eCloud Flex 'OpenStack Control Panel' but shall exclude any reference to the SLA where the Services exclude support.

    The amended definitions of "Customer", "Initial Term" and "Invoice" set out below shall apply and the Agreement shall be construed accordingly.

    "Customer" means any person or organisation with whom the Company enters into the Agreement and as stated on the Order Form or as entered by the Customer in the "MyUKFast" customer portal (as the case may be).

    "Initial Term" means the minimum term stated on the Order Form or in the case of a self-select order on the Invoice, in each case the minimum term commencing from the date upon which the Services are made available to the Customer.

    "Initial Term Discount" the level of discount agreed at commencement of the Services to charges for the Services for entering into a commitment for the Initial Term (such agreed discount being specified on the Order Form or on the Invoice (where a Customer makes a self-selected order recorded in the "MyUKFast" customer portal or on the Customer's eCloud Flex 'OpenStack Control Panel').

    If the PAYG Option is selected by a Customer, the definition of Initial Term shall be deleted.

    "Invoice" means the invoice which is generated following a self-select order made by the Customer through the "MyUKFast" customer portal or the Customer's eCloud Flex 'OpenStack Control Panel'.

    "Minimum Spend" the required level of monthly minimum spend in respect of the Services as specified on the Order Form or on the Invoice (where a Customer makes a self-selected order recorded in the "MyUKFast" customer portal or on the Customer's eCloud Flex 'OpenStack Control Panel') required to qualify for any Initial Term Discount.

    "PAYG Option" means an option to pay for the Services according to the volume of resources consumed, and/or the length of time in hours that the Services are consumed for, by the Customer with no applicable minimum contract term.

    If support is not purchased by the Customer, the definition of "Services" shall be varied as set out below and the definition of and any references to "SLA" shall be deleted and the Agreement shall be construed accordingly.

    "Services" means the services to be provided by the Company described in the Order Form.

    If support is purchased by the Customer, the existing definition of SLA shall be deleted and replaced with the following: "SLA" means the eCloud Flex service level agreement a copy of whichis appended to these Service Terms.

    Charges

    Clause 6.1 of the Agreement shall be deleted and the following clauses 6.1 and 6.2 inserted into the Agreement and the remaining clauses in Clause 6 shall be consequentially re-numbered accordingly.

    6.1 All charges for the Services shall be detailed either on the Order Form or on the Invoice (where a Customer makes a self-selected order recorded in the "MyUKFast" customer portal or the Customer's eCloud Flex 'OpenStack Control Panel'). Invoices shall be raised and be payable in sterling unless otherwise agreed in writing with the Company. Monthly fees which are agreed to be paid in advance as stated on the Order Form or on the Invoice (as the case may be) will be invoiced following signature of the Order Form or submission of the order via the "MyUKFast" customer portal or the Customer's eCloud Flex 'OpenStack Control Panel' (as the case may be). Invoicing of fees for subsequent months shall commence 30 days after the Services are made available to the Customer (monthly in advance) unless otherwise agreed and stated on the Order Form or on the Invoice (as the case may be). All payments shall be due to the Company on presentation of invoice or as otherwise stated on the Order Form or recorded in the "MyUKFast" customer portal or the Customer's eCloud Flex 'OpenStack Control Panel' (as the case may be).

    6.2 The pricing set out in the Order Form or on the Invoice is estimated to the extent that the actual cost during the term of the Agreement may vary based upon options selected by the Customer for [CPU, RAM, memory/disk space, load balancing, networking, back-up, and support requirements, and other options which may vary from time to time]. Any adjustments to fees following changes agreed by the Customer or self-selected in the "MyUKFast" customer portal or the Customer's eCloud Flex 'OpenStack Control Panel' (as the case may be) will be charged to the Customer on the successive monthly invoice after the changes are made.

    A new clause 6.7 shall be added.

    Any Initial Term Discount shall be applied only if the Minimum Spend is exceeded in each month of the Initial Term. If the Minimum Spend is not exceeded in any one month, the discount shall not be applied for such month and any remaining months of the Initial Term.

    Term and Termination

    Clause 11.2(a) shall be deleted and a new clause 11.2 (a) inserted as follows:

    1. Where there is an applicable Initial Term, by the Customer giving the Company not less than 30 days' prior written notice (in accordance with Clause 16.1) which notice shall expire on or after expiry of the Initial Term, or where the PAYG Option is selected, by the Customer at any time on notice to the Company.

    Where reference is made to signature of an Order Form in Clauses 11.1 and 27.1 but a Customer has placed a self- select order, such Clauses shall be construed to include electronic submission of the Customer order via the Customer's MyUKFast portal or the Customer's eCloud Flex 'OpenStack Control Panel', if applicable.

    eCloud Flex SLA applies only if support requirement is purchased by the Customer.

    eCloud Flex SLA

    Network infrastructure will be available 100% of the time. Network availability means all infrastructure including routers, switches and cabling is working (when not undergoing scheduled maintenance).

    In the event of unplanned network failure we will refund 24 hours service for every 60 minutes loss of connection, up to a maximum value equal to your monthly subscription charge, to be applied to your UKFast.Net account.


    Under the SLA (if applicable and the customer has purchased the Support option) the Company shall:
    • Make available a number of pre-configured eCloud Flex virtual machine instances / images which the Customer can choose to run on its eCloud Flex environment;
    • Login to customer instances (where those instances are pre-configured versions provided by the Company ) to trouble shoot and rectify issues related to any components provided by the Company;
    • Enable customers to load their own or third party instances / images to run on their eCloud Flex environment.
    • Install necessary licenses onto Customer instances where those licenses have been purchased from the Company specifically for the purpose of running on the customer's eCloud Flex environment.
    • In order to provide the Support service on a customer's eCloud Flex environment, the Customer agrees that the Company shall be able to login to the Customer's environment, including but not limited to the Customer's eCloud Flex OpenStack Control Panel, Customer eCloud Flex instances, and other connected resources. The Customer agrees to provide the Company with the necessary permissions and access rights to facilitate this process.

    Exclusions

    Any Customer-configured networks between eCloud Flex instances or other eCloud Flex Customer resources and any software and applications installed by the Customer and/or any third parties are outside of the scope of this SLA. The Company does not recommend or support booting images from ISO on eCloud Flex. The Company is unable to support with the creation of custom images based on specific customer requirements.

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