Server Virtualisation.pdf - MTN Business

MTN Server VirtualisationTerms and ConditionsWords and phrases defined in the Service Description shall have the same meaning in this Service Order.1. Resale of Servicea. Resale of the Service is not permitted.2. Maintenancea. Scheduled maintenance on the MTN Network will be performed during a standard maintenancewindow between 02:00 to 06:00 local time (unless an alternative day/time is notified to theCustomer), as necessary. MTN Business reserves the right to change these maintenance times,where necessary, upon prior notice to the Customer. MTN Business also reserves the right toperform emergency maintenance without prior notice.3. Terminationa. Either party may terminate the Service on one (1) months prior written notice to take effect on theexpiry of the relevant Initial Service Term. If the Service is not terminated, it shall thereafterautomatically renew for further one (1) month periods on the anniversary of the Service ActivationDate (the Renewal Term). Similar to the cancellation of the Initial Term, either party may during therenewal periods terminate this Service Agreement at the end of each Renewal Term giving theother party thirty (30) days prior written notice. In the case of termination by the Customer, suchnotice to be copied to the local MTN Business Customer Services department.b. Prior to the decommissioning of virtual servers, it is the customer's responsibility to backup all dataon virtual servers and not that of MTN Business. Should the customer require MTN Business tobackup data, it will be the customer's responsibility to provide 5(five) business days written notice toMTN Business to act upon the customer's request. Further if MTN Business is instructed to performthis service on behalf of the customer, it is the customer's responsibility to provide the adequatemedium and associated information for data backup. MTN Business will render the aforementionedservice on a price per request and a price per Gigabyte of data backed up.4. Activation of Servicea. The Service Activation Date shall be (i) the date of delivery of the Ready for Service Notification or,(ii) if earlier, or where no Ready for Service Notification is received by the Customer, the first dateIP packets can be passed between the virtual server(s) allocated by MTN Business to Customerand the MTN (IP) Network.5. Domain Namea. The Customer is aware of the fact, that in order to register a domain name an agreement betweenthe Customer and the relevant registrar (Network Information Centre - NIC) has to be concluded.The Terms and Conditions of the relevant NIC will apply to such agreement. The Customerauthorises MTN Business to enter into the relevant agreement with the NIC on behalf of theCustomer.6. IP addressesa. If required, MTN Business will assign the Customer a suitable number of IP addresses from MTNBusiness-allocated CIDR ("Classless Internet-Domain Routing") blocks obtained from the relevantregistry. MTN Business will only assign Provider Aggregated addresses (PA-addresses). Allassignments are subject to applicable registry guidelines and policies. All IP addresses must bereturned to MTN Business forthwith upon termination of the Service. Any IP address allocated byMTN Business to Customer remains property of MTN Business and Customer will have a nontransferablelicense to use such addresses. If Customer already has such an IP address area andInitials

such can be used for the MTN Business connection, no additional registered IP address area shallbe assigned. MTN Business cannot guarantee, however, that other IP address areas previouslyassigned by other Internet providers can be reused for the MTN Business connection as a result ofsuperseding guidelines.7. Accuracy of Customer Informationa. The Customer will provide MTN Business with accurate and up to date information: (i) whencompleting the Service Order; and (ii) when Customer contacts MTN Business to report asuspected fault and is asked a standard set of structured questions. MTN Business shall not beliable for any loss suffered as a result of the Customer's failure to provide accurate information orany relevant facilities, which may lead to a delay in installation or service repair.8. Virtualisation Infrastructurea. The physical underlying infrastructure servicing the virtualization products is hosted within the noncustomeraccess areas of the MTN Business Network core and managed by MTN Business and itsdesignated partners. No access to this infrastructure by any customers is permitted.9. Customer Dataa. Customer, and not MTN Business, has sole and exclusive control over the content residing onCustomer's server(s) (the "Customer Data"). Customer acknowledges and MTN Business agreesthat in the provision of the Services hereunder MTN Business is not provided, either directly orindirectly access to the Customer Content that would allow MTN Business to exercise any controlover the Customer Data.b. The Customer will not store any illegal information in the memory space allocated to it by MTNBusiness in the MTN Business virtual server systems nor engage in any form to criminal activity,offered by itself or third parties or provide access to illegal services via the virtual server(s).c. Customer agrees to adhere to the MTN Business Acceptable Use Policy and terms under the MTNBusiness Code of Conduct available at www.mtnbusiness.co.za/legal.10. Customer Data and Privacya. Customer acknowledges that MTN Business, MTN Business Affiliates and agents, will, by virtue ofthe provision of Services, come into possession of some of the information and data regardingCustomer, its employees and authorised users of Customer.b. This information and data ("Protected Data") shall include, but not be limited to Customer data(such as Customer names and addresses), traffic, usage or billing data (such as the originating anddestination numbers and IP addresses, date, time and duration of voice or data transmissions, andother data necessary for the establishment, billing or maintenance of the transmission), datacontaining personal information of Customer, its employees or authorised users of the Services,and other data provided to or obtained by MTN Business, its MTN Business Affiliates and agents,in connection with the provision of Services.11. Interconnectiona. The Customer shall not implement nor allow any interconnection between Customer and any otherthird party unless such interconnection is provided by MTN Business in accordance with a dulysigned and accepted Service Order. No out-of-band connections between one customer's virtualservers and any other customer's virtual servers are permitted.12. Indemnitya. Customer agrees to indemnify MTN Business against claims or actions by any third party: (i)claiming an ownership or possessors interest, lien, trust, pledge, or security interest in any virtualserver, including without limitation any attempt by such third party to take possession of the virtualserver, to the extent the Customer can be held responsible for such claims or actions; (ii) based ona violation of local laws; or (iii) based on an act of gross negligence or willful or intentionalmisconduct by Customer or Customer's employees, representatives or agents.13. InsuranceInitials

a. MTN Business accepts no liability or risk for any data or any other aspect of the service andCustomer agrees to maintain, at Customer's expense, during the entire time the Service Order is ineffect, insurance against all risks including, data loss etc.14. Re-locationa. In the event that additional performance levels or capacity is needed or new infrastructure isimplemented, MTN Business may decide to automatically or on demand re-locate all the customervirtual servers onto alternative virtual infrastructure to optimize performance. All costs andexpenses arising in connection with such re-location shall be borne by MTN Business.15. Disclaimera. MTN Business will not be liable for any cost or interrupted data, messages, packets, or otherinformation transmitted to or from third party networks, if the loss or interruption takes place outsideof the IP Network.b. Services and/or features are not available in all countries, and may be procured from in-countryprovider in select countries. Please consult your MTN Business representative for serviceavailability.16. End User License Termsa. Notwithstanding anything contained in the Agreement between the parties, the parties specificallyagree that the customer shall at all times adhere to the terms and conditions of the End UserLicense Terms.Accepted on behalf of Customer, bySignatureAccepted on behalf of MTN Business, bySignatureNameNameE-MailE-MailDateDateInitials