eCloud Public™

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  • eCloud Public

    Definitions - Conditions

    Given Customers may place their own orders for eCloud Public via the Customer's ‘MyUKFast' portal, self-provision services according to their own requirements, purchase a version without support and/or chose the 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 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.

    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.

    "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.

    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). 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 (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 (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, IOPS performance, back-up and support option. Any adjustments to fees following changes agreed by the Customer or self-selected in the "MyUKFast" customer portal (as the case may be) will be charged to the Customer on the successive monthly invoice after the changes are made.

    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, if applicable.

    Standard SLA applies only if support option is purchased by the Customer.

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