FASTcloudbackup™

  • FASTcloudbackup™
  • Service Terms

    The following Service Terms apply only to the specific Services outlined 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 Agreement (save where expressly provided otherwise below) and any additional definitions outlined in relation to the relevant service.

    FASTcloudbackup ™

    Definitions

    Note: FASTcloudbackup ™ is a self-service product and is provided on the basis of a specific SLA for FASTcloudbackup ™services only. See SLA schedule.

    Given Customers may place their own orders for FastCloud Back up via the Customer’s ‘MyUKFast’ portal or via an Order Form, “Agreement” shall be deemed to also include reference to any self-select order placed in the ‘MyUKFast’ portal and the amended definitions of “Customer”, “Initial Term” and “Invoice” shall apply and the Agreement construed accordingly. 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.

    “Backup Agent” means the backup software provided by the Company to the Customer to be installed by the Customer onto Customer Devices.

    “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).

    “Customer Devices” means any and all laptops, desktops, and/or servers (running Windows, Linux or Mac operating systems) from time to time upon which the Customer chooses to install the Backup Agent.

    “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.

    “Invoice” means the invoice which is generated following a self-select order made by the Customer through the “MyUKFast” customer portal.

    “SLA” the Service Level Agreement relating to FASTcloudbackup ™, a copy of which has been made available to the Customer prior to signature of the Order Form;

    The Customer agrees to and accepts it is bound by the terms of the end user licence agreement with the third party software supplier of the Backup Agent, a copy of which is made available on our website in the product specific terms area.

    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 storage 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). Monthly fees based on the number of Customer Devices shall be invoiced monthly in arrears. Invoicing of monthly storage 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 storage allocation and the number of Customer Devices. Any adjustments to fees following changes to the allocated storage quota 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. Any adjustments to fees following changes to the number of Customer Devices will be charged to the Customer on 1st day of each month.

    Term

    Clause 11.2(a) shall be deleted and a new clause 11.2 (a) inserted as follows: where the Initial Term is at least 12 months, 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 Initial Term is one month by the Customer giving the Company not less than 30 days’ prior written notice at any time.

    SLA Schedule

    FASTcloudbackup ™

    1. In this Section the following words shall have the following meanings unless the context requires otherwise:-
      TERM MEANING
      Backup Agent The backup software provided by UKFast to the Customer to be installed by the Customer onto Customer Devices.
      Customer Devices Any and all laptops, desktops, and/or servers (running Windows, Linux or Mac operating systems) from time to time upon which the Customer chooses to install the Backup Agent.
      Customer Locations Any and all locations from which the Customer operates its business including remote locations from which the Customer may choose to utilise the Platform.
      Connectivity Network connectivity from Customer Devices and/or Customer Locations used to transfer data from the Backup Agent to the Platform.
      Core Hours Has the meaning set out in Paragraph 4 (Support Hours).
      Emergency Hours Has the meaning set out in Paragraph 4 (Support Hours).
      Hardware Any physical hardware purchased by the Company to provide the Platform e.g. servers
      Helpdesk The facility to be provided by UKFast in accordance with this Service Level Agreement to receive and respond to Support Requirements from the Customer.
      Incident Any failure of any part of the Platform to perform in accordance with its Intended Functionality, or any event or threat of an event that is not part of the standard operation of any part of the Platform and that causes, or may cause, an interruption to, or a reduction or adverse change in, the quality or functionality of any part of the Platform.
      Intended Functionality The full range of functionality the Platform is intended to provide as assessed by the actual workings of the Platform.
      Platform The FASTcloudbackup platform infrastructure hosted at the Company’s  datacentre(s).
      Retention Period The period of time for which Customer data backed up using FASTcloudbackup will be retained on the Platform and available for the Customer to restore
      Service Levels The service level standards set out in Paragraph 7.
      Software Incident Any Incident relating to software purchased by UKFast and/or the Customer.
      Support Services The support services as set out in Paragraph 2 (Service Definitions) provided by UKFast to the Customer.
      Support Portal The MyUKFast portal to be made available by the Company to the Customer to enable personnel to view information and statistics maintained by UKFast in relation to the Support Services and log, and review the progress of, Support Requirements. 
      Support Requirement A request by the Customer to the Company for support; or an Incident notified to UKFast by the Customer or identified by the Company or identified in a monitoring alert.
      Support Requirement Commencement The time when a Support Requirement is notified to the Company by the Customer via the telephone or on a support ticket raised via the MyUKFast portal.
    2. Service Definitions

      FASTcloudbackup is a self-service product. The Company shall provide only the following Support Services for the Platform and the Backup Agent to ensure that all parts of the Platform continue to function in all material respects in accordance with its Intended Functionality.

      SERVICE DEFINITION
      Foundation services Provide functioning Hardware required to run the Platform with the Intended Functionality and manage the physical hosting within a data centre with the following specification: Heating, Ventilation and Air Conditioning (HVAC); N+1 generators; N+1 UPS; N+1 cooling system; Fire suppression system; Full building management system; Fully monitored CCTV security and access control system; Manage and maintain a fully redundant connection using Tier 1 bandwidth providers and/or UK peering exchanges.
      Support services The Company shall use reasonable endeavours to assist Customers in the practical use of the Platform and in installing, configuring, running back ups and data restores. For the avoidance of doubt, UKFast shall at no time undertake such tasks on behalf of Customers. The Customer shall be responsible for the download, configuration and installation of the Backup Agent. Any decisions relating to the frequency of backups shall be at the discretion of the Customer. The Customer shall be responsible for restoring data previously backed up using FASTcloudbackup. The Customer will not be able to vary the Retention Period, which is set to a minimum of 28 days for all Customers using FASTcloudbackup.

      The terms of this Service Level Agreement do not include, apply to and/or guarantee the following:

      • Any issues with or support in relation to Customer Devices; and
      • Any issues caused by or related to Connectivity; and
      • The compatibility of the Backup Agent with any equipment, systems, software or other technology not furnished by the Company; and
      • Any issues caused by third party software or code on Customer Devices; and
      • Any issues caused by the incorrect download, configuration or installation of the Backup Agent by the Customer.
    3. Support Hours

      In this Service Level Agreement time is categorised into the following periods:-

      SUPPORT HOURS PERIOD PERIOD COVER
      Core Hours 09.00 am to 06.00 pm Monday to Friday excluding bank holidays in England
      Emergency Hours 06.01 pm to 08.59 am Monday to Friday including bank holidays in England; and all of Saturday and Sunday in England.

      The Services will be provided within the following periods:-

      SERVICE AREA SUPPORT HOURS PERIOD PROVIDED WITHIN
      Helpdesk Core Hours
      Services for Critical severity support Core Hours + Emergency Hours
      Services for High severity support Core Hours
      Services for Normal severity support Core Hours
    4. Self-help website

      The Company will use reasonable endeavours to maintain and make accessible to the Customer, a website containing guidance intended to enable the Customer to resolve problems in use and operation of the Platform and statistics for support tickets.

    5. Helpdesk

      Provide a helpdesk (accessible by telephone, email and via the Support Portal) to provide technical support to authorised Customer personnel (as listed in the MyUKFast portal) using the Platform.

      UKFast will take all reasonable commercial efforts to ensure the help desk is staffed at all times (24 hours a day, 365 days a year) by sufficient personnel. During Emergency Hours, support shall only be required to respond to Critical Severity Support Requirements and UKFast will provide reasonable efforts to service High Level and Normal Severity level Support Requirements.

      1. Helpdesk support includes:-
        1. Logging Support Requirements and obtaining any information required by UKFast in order to resolve Support Requirements.
      2. The Helpdesk will:-
        1. Use reasonable endeavours to answer all support calls within 3 rings;
        2. Answer over 90% telephone requests for support within 20 seconds.
      3. Helpdesk Contact Details:-
        Telephone 0800 230 0032
        Emergency Telephone 0800 230 0299
        Email http://www.ukfast.co.uk/myukfast.html
        Self-help portal http://docs.ukfast.co.uk
    6. Additional contact details can be found in the online MyUKFast portal or via the Customer’s Account team.
    7. Service Level Timescales

      UKFast will use reasonably endeavours to meet the following timescales for a Support Requirement:-

      Severity Level Description Solution Agreed
      Critical Entire Platform is unavailable aka ESCALATION - You must escalate the account 8 Core Hours
      High Operation of Platform is degraded for more than 4 hours /time outs 24 Core Hours
      Normal Errors that are non-disabling or cosmetic and clearly have little to or impact on the normal operation of the services. e.g. Minor performance degradation, maintenance task Not applicable
      Network uptime guarantee:

      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).

      Unplanned Network Failure:

      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.

      In measuring Solution agreed:

      Solution Agreed only applies to Support Requirements where the root cause is part of UKFast's responsibility. The Solution Agreed is satisfied when the Support Requirement is either resolved or a time frame and plan for full resolution has been communicated. The Customer is expected to provide UKFast with accurate and prompt notification of any problem and assist as UKFast may reasonably require to diagnose problems and implement any Solution Agreed.

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