Specific Terms: Hosting

(Hosting Terms forms part of our Specific Terms, clause 3)

General

1. Xneelo is a member of the Internet Service Providers’ Association (ISPA). We abide by and uphold the ISPA Code of Conduct.

2. We provide Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.

3. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.

4. We will use all reasonable steps to verify the identity of your representative that wishes to access your Server at the Location. However, we will not be liable for any loss or damage you suffer because of a non-authorised person gaining access to your Server at the Location. You must notify us in writing of your representatives who are entitled to access your Server at the Location.

5. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data).

Content

6. We have no knowledge of, nor interest in Customer content hosted on your behalf by xneelo on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.

7. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.

8. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 3.10 below, that may result from the use of the software). You use the software at your own risk.

9. Where appropriate, we will maintain the software on our managed Servers.

10. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through konsoleH. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to make use of any traffic management and reporting tools:

• All information will not be real time information and there will always be a one day delay in the furnishing of information and
• We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
• We are not required to give you further information on traffic usage other than what is reported through konsoleH.

11. We are not responsible for any licensing of any software you use.

Managed Dedicated Hosting

12. We will make a Server available to you for your own exclusive use. The Server will at all times remain xneelo’s property. We will setup and manage the Server at the Location on your behalf.

13. All Server log files remain xneelo’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.

14. You must not remove the Server from a Location.

15. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.

16. Clause 3.10 will also apply to these Services.

17. If the Server becomes the target or source of any form of denial of service attack and xneelo believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.

18. xneelo will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You therefore use the software at your own risk.

19. We are not responsible for any licensing of any software you use.

Managed Hosting (Shared and Dedicated)

Service Availability, Service Level Guarantee and Network Uptime Guarantee

20. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.

21. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.

22. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.

23. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).

24. You will not receive any credit:

• if there is a degradation of the Service outside our control;
• during scheduled maintenance windows;
• on the happening of a force majeure event;
• should a well formed DDoS attack target your server or hosting infrastructure;
• where the downtime is due to:
  • Failure of access circuits to our network,
  • domain Name Server issues outside our direct control,
  • DNS propagation,
  • negligent customer acts or omissions; or
  • outages elsewhere on the Internet that hinder access to your hosting services.
• We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.

These exclusions will not apply where the problems arise from xneelo’s Server links to the Internet or our routers.

25. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at billing@xneelo.com. The email must include the domain or Server name associated with your hosting service in the “subject” line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles according to our Refund Policy. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.

Self-Managed Hosting

26. We will make a Server available to you, installed with the latest version of an operating system, from a list of available options we give you. If you elect to have a Microsoft operating system installed that we provide, you are bound by the licensing terms & conditions of the relevant Microsoft Software with effect from when the Microsoft Software is first installed on the Server.

27. You will manage the operating system and all software on the Server. Xneelo will not and has no obligation to get involved in any aspect of managing the Server apart from the hardware.

28. The allocated Server remains xneelo’s sole property.

29. If you request any deviation from the standard hardware offering we will give the non-standard hardware, but the cost will be passed directly on to you. The hardware remains our property. If you opt for an on-site spare for the hardware, the spare components will remain your property.

30. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.

31. We will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You use the software at your own risk.

32. Clause 3.10 will also apply to these Services.

33. We are not responsible for any licensing of any software you use, other than where you are leasing Microsoft software through xneelo.

Self-Managed Server Hardware Guarantee

34. We will give you the following support. The repair or replacement of:

• Network interface cards
• Patch cables
• Hard drives
• Central processing units (CPUs)
• Fans that cause a CPU to fail
• Memory
• Motherboards
• Power supplies and
• (“Self-Managed Server Problems”)

At no cost to you. If we need to install a new operating system, we must do so with the latest version of the operating system, unless you request otherwise

Support and Service Level Guarantee

35. This guarantee only applies to Self-Managed Hosting Customers. We will try to respond to and resolve all Self-Managed server Problems that specifically relate to Server hardware within 90 minutes of you reporting the problem to us over the phone.

36. If we do not Resolve (as defined below) the Self-Managed server Problem within 90 minutes or the extended period xneelo may advise, we will give you a credit equal to one month’s worth of the base hosting fee. For purposes of this clause,”Resolving” means that the Root Server originally provided by xneelo responds to a ping as measured by our network monitoring system. If your Self-Managed Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.

37. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.

Network Uptime Guarantee

38. We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.

• Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your Server.
• Network downtime exists when you are unable to ping the Server and it is measured according to our monitoring system.

39. If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).

40. You will not receive the credit if the Self-Managed Server problem is attributable to:

• Scheduled maintenance.
• A degradation of the Service outside our control.
• A force majeure event.
• A well formed DDoS attack against your server or hosting infrastructure.
• Negligent acts or omissions on your part that results in the operating system failing.
• You requesting us to reinstall a version of the operating system software other than the latest version of the operating system software.
• You being unavailable which results in us being unable to establish contact with you to resolve the problem or
• You failing to follow the prescribed procedure timorously or at all, as indicated in 3.36.

41. If you wish to exercise your right, you must request it by sending an email to us at billing@xneelo.com. The request must be received by xneelo within 48 hours of the incident being reported and must include your customer number, your name as listed on the xneelo invoice, the date and approximate time of the problem and the Server identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.

Custom Hosting Solutions (CHS)

42. We provide the CHS Service to you according to the proposal you have accepted, together with any written specification that has been agreed to between the parties and our Agreement.

43. When we make Servers available to you for your own exclusive use, the Servers will at all times remain xneelo’s property. You must not remove the Server from a Location. CHS will setup and manage the Server at the Location on your behalf.

44. All Server log files remain our property. If you requests us to give you a Server log file, a copy of the relevant log file will be given to you.

45. We will manage the Servers, including the hardware, agreed Software, and upgrades at our sole discretion. CHS Customers will be informed before any adjustments or upgrades and a suitable time will be agreed upon between parties.

46. Where we supply and install the Software, we will do so according to the written specifications agreed to between both Parties. For that purpose, you must give us all the relevant information and co-operation needed to enable us to do the installation. If there are any extra costs involved with the Software, which were not present before we contracted with you, these will be for your account. If you need CHS assistance for the installation of the Software, you will be charged according to our standard hourly rates.

47. Where appropriate, we will in our sole discretion, maintain the Software on your CHS Servers.

48. You are responsible for all bandwidth and traffic associated with your Server. We will monitor your traffic usage and any spikes that may occur during business hours. However you remain solely responsible for all traffic associated costs. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.

49. We will not be responsible for your use of any Software that you may install (and any vulnerabilities including traffic generated as per clause 3.48 that may result from the use of the Software). You use the software at your own risk.

Troubleshooting, ad-hoc (intermittent) and emergency work

50. Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.

51. If you require any ad-hoc (on request) work to be done outside Business hours (as defined in clause 3.57), you must specifically schedule this with us. We will only attend to emergency work outside of Business hours.

52. We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.

CHS service fees

53. We have the right to increase the CHS service fees annually following the anniversary of the date we started providing our Services to you (“the Anniversary Date”). We will give you written details of any such increase at least 30 days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Terms of Service. If you object to the increase in the service fees, you can terminate your relationship with us under clause 14 of our Terms of Service.

CHS Support and Service Level Guarantee (SLA)

54. The CHS Service is accompanied by our 99.9% network uptime guarantee. SLA claims, as defined in our Terms of Service, are only applicable to the standard, fixed monthly charges. Any ad-hoc time and third party costs (for example hardware, traffic over-usage) are exempt from any form of SLA claim.

55. Service disruptions will be attended to within:

• 15 minutes during business hours; and
• 60 minutes out of business hours.

(Business hours are Monday to Friday between 08:00 and 17:00, excluding public holidays.)

CHS Hardware Guarantee

56. We will try to respond to all CHS problems that specifically relate to Server hardware within 90 minutes of the problem occurring. If we do not resolve the Server problem within 90 minutes or the extended period as we may advise, we will give you a credit equal to one month’s worth of the base hosting fee.

57. You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.

Network Uptime Guarantee

58. We guarantee that our network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.

• Network uptime includes functioning of all network infrastructures, including routers, switches, firewall, and cabling.
• Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our CHS monitoring system.

59. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service or Server).

60. If you, as a CHS Customer have a High Availability solution as part of the CHS proposal agreement, an additional SLA will be agreed upon in the proposal, signed by you.

61. You will not receive any credit:

• If there is a degradation of the Service outside our control.
• During scheduled maintenance windows.
• Should a well formed DDoS attack target your server or hosting infrastructure.
• On the happening of a force majeure event or
• Where the downtime is due to failure of access circuits to the our network, Domain Name Server issues outside our direct control, DNS propagation, your negligent acts or omissions or outages elsewhere on the Internet that hinder access to your hosting services.

62. We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it. These exclusions will not apply where the problems arise from our Server links to the Internet or our routers.

63. If you wish to exercise your right, you must request it by sending an email to us at custom@xneelo.com. Each request must include the dates and times of the network unavailability. The request must be received within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will do so within two billing cycles after our receipt of the requests, in accordance with our Refund Policy. Despite anything to the contrary, the total amount credited to you in a particular month will not exceed the total hosting fee you must pay for the month in question.

Colocation Hosting

64. The colocation product provides you with only a rack, power connection and data connection.You must supply your own Server(s) and peripherals.

65. You remain solely responsible for all equipment that you install in your rack. We will be responsible for the Location the rack is stored in and for the network connection only.

66. You are solely responsible for all bandwidth and traffic related to your hosting service and are liable for all traffic charges. This includes regularly monitoring usage through konsoleH. Note, only traffic provided by xneelo will be visible in konsoleH. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to use the konsoleH traffic monitoring tool, please be aware that the information will not be real time information and there will always be a one day delay in the furnishing of information; we will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.

67. If your Server(s) or network components become the target or source of any form of denial of service attack, we may disconnect you from the network if we find that no other solution is possible at that stage.

68. We have provided a resilient infrastructure at the Location and have taken reasonable precautions to protect your Server(s) and equipment. We are confident that you will have a positive experience while hosting in our facility. Should, despite these best efforts, something happen, we will not be liable for any loss or damage as a result of any failure on our part.

69. You must at all times adhere to the standard health and safety guidelines laid down for customers entering the Location. We may deny you access to the Location if we at any time have reason to believe that you are failing to comply with the procedures and guidelines.

70. We may temporarily suspend our colocation services to repair, maintain, upgrade, modify, replace or improve any of its colocation services. We will provide 14 calendar days prior notice of any service suspension to you. However, we will not be held liable for any resulting loss or damage suffered as a result of the service suspension.

71. We may terminate any colocation services on 30 days written notice to you.

72. If either party fails to comply with any of its obligations or commit a breach of this Agreement and fail to remedy such default or breach within seven days after having received a written notice to do so, or be placed in provisional or final liquidation or sequestration, or judicial management, or enter into any compromise arrangements with its creditors, or fail to satisfy a judgment taken against it within 10 days, then the other party will be entitled to cancel the Agreement on written notice to the defaulting party. The provisions of this clause will not affect the rights of the parties to claim damages in respect of a breach of any of the provisions of this Agreement.

73. Neither party will be responsible for any indirect, incidental, special, or consequential damages or losses arising from the Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.

74. Our total liability to you is for direct damages up to a maximum amount of three months of your base hosting fee.

Network Uptime Guarantee

75. As a Colocation customer, we guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.

• Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your hardware equipment.
• Network downtime exists when you are unable to ping the Server(s) and the downtime is recorded by our monitoring system.

If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service).

You will not receive the credit if the problem is attributable to:

• Scheduled maintenance.
• A degradation of the Service outside our control.
• A force majeure event.
• DDoS attack against your Server or hosting infrastructure.
• Negligent acts or omissions on your part.
• You being unavailable which results in us being unable to establish contact with you to resolve the problem.

If you wish to exercise your right, you must request it by sending an email to us at billing@xneelo.com. The request must be received by xneelo within 48 hours of the incident being reported and must include your customer number, your name as listed on the xneelo invoice, the date and approximate time of the problem and the Colocation identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.

Self-Managed Dedicated and Colocation Hosting Fees

76. You will pay us a base hosting fee for Self-Managed Dedicated Server and Colocation hosting as indicated on the website.

77. The base hosting fee does not include any other fees such as:

• Setup fees.
• Fees relating to incremental bandwidth usage.
• Fees for extra IP addresses and
• Random access memory and hard drive.

Beyond that which is available without additional charge specifically specified in our standard rates available on our website that will be additional fees you must pay.