1. DEFINITIONS

    1. Definitions in the Supplier’s Core Terms shall be inherited and therefore apply to words and phrases in these Supplementary Terms;

    2. In these Supplementary Terms, these additional words and phrases have specific meanings:

      3. "Administration" means any work performed by the Supplier on the Cloud Server;

      "Administration Plan" means a pre-purchased support package for Cloud Server Administration;

      "Control Panel" means the online system through which the Resources are administered by the Customer;

      "Operating System" means the master control program (e.g. Windows, CentOS etc.) that manages a server’s internal functions and provides a means of control over the server’s operations;

      "Resources" means the CPU speed, RAM, disk space and data transfer specified upon Application;

      "Root Access" means access to the core Operating System or Control Panel with all rights or permissions in all modes;

      "Hypervisor Server" means the core computer system that Cloud Server runs within;

      "Storage Platform" means the underlying distributed storage system providing block storage to Cloud Servers;

      "Supplementary Terms" means these specific Terms & Conditions;

      "Usenet" means a worldwide bulletin board system that can be accessed through the Internet. It contains more than thousands of forums, called newsgroups that cover numerous subjects;

      "Cloud Server" means a portion of Hypervisor Server and Storage Platform resources allocated to the Customer.

      "Cloud Infrastructure" means the Supplier's underlying infrastructure powering the Customer's Cloud Server, including: Hypervisor Server, Network Switches and Storage Platforms.

  2. SERVICES
    1. The Supplier shall create a Cloud Server dependent on the Resources selected by the Customer during Application.
    2. Unless otherwise specified during Application, a Cloud Server shall come with 5TB of data transfer per month. Data transfer is calculated as the total amount of data transferred in and out of the server, as measured by the Supplier. Any amount of data transferred over this amount on a monthly basis will be chargeable in addition to the regular Cloud Server fee.
    3. Data transfer overage shall be calculated at the rate of $0.20 USD per GB per month.
    4. CPU power may be provided by multiple CPU cores. In order to fully utilise the CPU power allocated to you, applications running in your Cloud Server should be multi-threaded.
    5. Once the Cloud Server provisioning is complete, the Supplier will:
      1. Install Software onto the Cloud Server as per the Application.
      2. Carry out test procedures to ensure that the Cloud Server is ready for production.
      3. Inform the Customer that the Cloud Server is ready for use.
    6. The Supplier shall provide the necessary technical information to allow the Customer to connect to and use the Cloud Server.
    7. The Customer is not permitted to physically access the Data Centre in which the CloudServer is provisioned without express written permission from the Supplier.
  3. SUPPORT, MAINTENANCE & SERVICE LEVEL AGREEMENT
    1. The following shall apply to all Cloud Server Customers:
      1. The Supplier provides a 99.99% guarantee for the Cloud Infrastructure that Cloud Servers are powered by. Should Cloud Infrastructure failure result in Cloud Server availability falling below the following pre-defined levels, the Supplier shall credit the Customer for any Charges paid for that Monthly period. The credit shall be calculated as follows:

        100% – No Credit

        99.99% – 2.5% Credit

        99.9% – 5% Credit

        99.5% – 10% Credit

        98% – 25% Credit

        95% – 100% Credit

      2. The guarantee specified in clause 3.1.1 shall apply only when the following do not apply:
        1. Circumstances beyond the Supplier’s reasonable control, including, without limitation, acts of any government body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, denial of service attacks, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this agreement.
        2. Failure of access circuits to the Supplier’s network, unless such failure is caused by the Supplier.
        3. Scheduled maintenance, emergency maintenance and upgrades.
        4. DNS issues outside the direct control of the Supplier.
        5. Issues with FTP, POP, IMAP, SMTP or Control Panel access.
        6. Customer’s acts or omissions (or acts or omissions of others engaged or authorised by the Customer), including custom scripting or coding (e.g. CGI, Perl, HTML, PHP, and all or any related or equivalent languages/applications), any negligence, wilful misconduct, or use of the Services in breach of any of the Supplier’s Terms or Supplementary Terms.
        7. E-mail or webmail delivery or transmission.
        8. DNS Propagation, or local DNS caching.
        9. Technical issues elsewhere on the Internet that hinder access to the Service.
      3. The Supplier will guarantee only those areas considered under its direct control - the Cloud Infrastructure.
        1. To receive a credit under these policies, the Customer should contact the Supplier in writing, by fax or by contacting the Supplier via the helpdesk available in my.kualo.com. Each request in connection with this Service Level Agreement must include the dates and times of Customer Resource unavailability, and must be received by the Supplier by the 10th day following the said unavailability. In the event of the unavailability being confirmed by the Supplier, credits will be applied to the Customer’s account within two billing cycles.
    2. Occasional required maintenance performed from time to time by the Supplier on the Cloud Infrastructure may affect the availability of the Cloud Server. The Supplier will endeavour to provide as much notice as is possible in all circumstances, subject to procedures required in the event of an emergency.
    3. The Supplier offers Cloud Servers on an unmanaged basis, unless a server management plan is included upon Application. The Customer may add or change a server management plan at any time.
    4. For Customers with a Fully Managed Cloud Server, the following will apply:
      1. The Customer will not be entitled to Root Access to the Cloud Server.
      2. The Supplier will, as required and/or requested by the Customer, and at no additional cost, perform the following support services: Cloud Server Reboots, Operating System Reinstalls, Operating System Trouble Shooting, Control Panel Troubleshooting, Apache Troubleshooting, DNS Troubleshooting, Mail Server Troubleshooting, FTP Server Troubleshooting, MySQL Server Troubleshooting, PHP Engine Troubleshooting, Perl Module Installation and SSL Troubleshooting.
      3. The Supplier will not be required to assist with installation or troubleshooting of third-party software, or with script or application troubleshooting, other than any software, scripts or applications which were originally installed on the server, unless otherwise agreed to by the Supplier. The Supplier reserves the right to charge the Customer for any such work at the Supplier's regular hourly rate for system administration.
      4. The Customer may request the Supplier to assist with Administration tasks as it requires. The Customer acknowledges that Cloud Server Administration tasks may be chargeable per the Supplier's standard rates based on the Cloud Server Administration Plan selected by the Customer.
      5. The Supplier shall monitor the performance of the Cloud Server, and where possible will endeavour to resolve reductions in performance within a reasonable time frame.
      6. The Customer acknowledges that occasional reduction in the performance of the Cloud Server is normal and to be expected due to the unpredictability of usage. The Supplier is therefore not liable for any reduction in performance of the Cloud Server.
      7. Should the level of website availability fall below pre-defined levels, the Supplier shall credit the Customer for any Charges paid for that Monthly period.
        The credit shall be calculated according to the following:

        100% – No Credit

        99.9% – 5% Credit

        99.5% – 10% Credit

        98% – 25% Credit

        95% – 100% Credit

      8. The guarantee specified in clause 3.4.6 shall apply only when the following do not apply:
        1. Circumstances beyond the Supplier’s reasonable control, including, without limitation, acts of any government body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, denial of service attacks, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this agreement.
        2. Failure of access circuits to the Supplier’s network, unless such failure is caused by the Supplier.
        3. Scheduled maintenance, emergency maintenance and upgrades.
        4. DNS issues outside the direct control of the Supplier.
        5. Issues with FTP, POP, IMAP, SMTP or Control Panel access.
        6. Customer’s acts or omissions (or acts or omissions of others engaged or authorised by the Customer), including custom scripting or coding (e.g. CGI, Perl, HTML, PHP, and all or any related or equivalent languages/applications), any negligence, wilful misconduct, or use of the Services in breach of any of the Supplier’s Terms or Supplementary Terms.
        7. E-mail or webmail delivery or transmission.
        8. DNS Propagation, or local DNS caching.
        9. Technical issues elsewhere on the Internet that hinder access to the Service.
      9. To receive a credit under these policies, the Customer should contact the Supplier in writing, by fax or by contacting the Supplier via the helpdesk available in my.kualo.com. Each request in connection with this Service Level Agreement must include the dates and times of Customer Resource unavailability, and must be received by the Supplier by the 10th day following the said unavailability. In the event of the unavailability being confirmed by the Supplier, credits will be applied to the Customer’s account within two billing cycles.
    5. For Customers without a Fully Managed Cloud Server, the following will apply:
      1. The Customer will be entitled to Root Access to the Cloud Server. The Customer acknowledges that such access is granted with the understanding that Root Access permits an individual to make modifications to permissions, folders and files throughout the entire Cloud Server, and that irresponsible use of this access right can lead to server malfunction. The Customer acknowledges that the Supplier cannot be held responsible for any malfunction that may arise as a result of the Customer misusing this access privilege, and that any work undertaken by the Supplier to repair any damage caused will be chargeable at the Suppliers standard hourly rate for Cloud Server Administration.
      2. The Customer may request the Supplier to assist with Administration tasks as it requires. The Customer acknowledges that Cloud Server Administration tasks may be chargeable per the Supplier's standard rates based on the Cloud Server Administration Plan selected by the Customer.
      3. The Customer acknowledges that any and all Cloud Server Administration is performed only upon request by the Customer, unless otherwise specified in the Administration Plan. Where proactive Cloud Server Administration is included in the Administration Plan, the customer Acknowledges that the Supplier will make every attempt to resolve any Cloud Server affecting issues as soon as they arise. In resolving any Cloud Server affecting issues, the Supplier will use any remaining Server Administration hours included the Administration Plan. Should the Customer run out of pre-purchased Server Administration hours, the Supplier will not continue to resolve the issue, unless otherwise authorised to charge the Customer for additional Administration hours.
      4. The Supplier will, as requested by the Customer, subject to available support incidents and Cloud Server Administration hours, perform the following support services: Cloud Server Reboots, Operating System Reinstalls, Operating System Trouble Shooting, Control Panel Troubleshooting, Apache Troubleshooting, DNS Troubleshooting, Mail Server Troubleshooting, FTP Server Troubleshooting, MySQL Server Troubleshooting, PHP Engine Troubleshooting, Perl Module Installation and SSL Troubleshooting.
      5. The Supplier will not be required to assist with installation or troubleshooting of third-party software, or with script or application troubleshooting, other than any software, scripts or applications which were originally installed on the server, unless otherwise agreed to by the Supplier. The Supplier reserves the right to charge the Customer for any such work at the Supplier's regular hourly rate for system administration.
      6. The Customer acknowledges that additional Administration hours are billable in thirty (30) minute increments.
    6. In the event that multiple guaranties from the Supplier's Core and/or Supplementary Terms apply, the one (1) applicable guarantee providing the Customer the highest credit value shall be provided when requested per these Terms. Under no circumstances may multiple guarantees be combined.
  4. ACCEPTABLE USE POLICY
    1. The Customer agrees to:
      1. Immediately notify the Supplier upon awareness of any unauthorised use of the Cloud Server.
      2. Not use the Cloud Server, or allow others to do so, for any unlawful activity or activity that in the opinion of the Supplier may bring harm to the Supplier or bring the Supplier into disrepute, including the storage of:
        1. Material that infringes any rights (including Intellectual Property Rights) of any third party.
        2. Material the Supplier may judge to be threatening or obscene.
        3. Material that encourages criminal acts.
        4. Pornography or sex-related merchandising, including sites that infer sexual content.
        5. Material containing any virus, worm or other harmful code.
        6. Pirated software or files.
        7. Links to, frames or any other means of displaying or connecting to any items listed in Clauses 4.1.2.1 to 4.1.2.6.
      3. Not install any IRC egg drops or related programs.
      4. Not operate any anonymous proxy, VPN, or TOR exit node services, whether free or paid.
    2. The Customer accepts full responsibility and liability for all activities conducted using the Cloud Server.
    3. The Supplier is committed to a zero-tolerance anti-spamming policy. Under this policy, the Supplier prohibits the sending of spam or any unsolicited email, being sent either:
      1. Over the Supplier’s network.
      2. Over any network if the email advertises or mentions in any way a site hosted on the Supplier’s network.
    4. In addition to the sending of bulk email, the Supplier prohibits the Customer from cross-posting messages to a large number of Usenet newsgroups or website forums, and/or posting obscene or threatening messages whilst using or referring to an email address or website URL hosted on the Supplier’s network.
    5. The Supplier will be the sole arbitrator of what constitutes a violation of these policies, and the Customer acknowledges that its Service may be suspended or cancelled in the event of a violation or suspected violation of these policies.
    6. Accounts cancelled due to violation of any of these policies may be liable, at the Supplier’s sole discretion, to an administration fee not to exceed £500.00 Sterling.