COLOCATION - PRODUCT SPECIFICATION

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1 COLOCATION - PRODUCT SPECIFICATION 1 INTRODUCTION This document contains information on the Colocation service. If you require more detailed technical information, please contact your Account Manager. 2 SERVICE DEFINITION 2.1 Service Overview Colocation is a service where equipment is installed in one of Telecom s data centres and connected to the Telecom Network or the Internet. The equipment could include any ICT or telecommunications hardware including web servers, access servers and routers. The equipment is generally owned by the customer. 2.2 Definitions Critical spares means all of the customer s critical spares to be telehoused by Telecom in accordance with this Product Specification. Equipment means all customer owned equipment telehoused by Telecom in accordance with this Product Specification and listed in the customer s Colocation Service Schedule. 2.3 Standard Service Features The key features of Telecom s Colocation service are: Installation of Equipment: Telecom will install customer Equipment at Telecom s data centres, including connection of the Equipment to the Telecom Network or the Internet, and power supply. Telecom will provide cabinet space, or space for customer provided cabinets, at the relevant sites as specified in the customer s Colocation Service Schedule capable of being used for the installation of the Equipment. Telecom will, in its sole discretion, allocate cabinet space for any Equipment (including housing the Equipment within a cabinet containing Telecom or third party equipment), unless otherwise agreed. Where the customer has supplied its own cabinets, Telecom will install those cabinets at the relevant site. Where Telecom agrees to allow the customer to install customer provided cabinets the sites will be provisioned with environmentally controlled support systems, which include alarm monitored airconditioning systems, fire alarms and a centrally controlled security system. Additional engineering costs may be charged in order to meet Telecom standards. Critical Spares Telecom will use all reasonable endeavours to provide storage of Critical Spares at the relevant site if required. Hosting of Equipment: The customer warrants that the Equipment and Critical Spares (as specified in the customer s Colocation Service Schedule) comply with all Telecom standards and specifications as notified to the customer from time to time, and as can be found at Telecom s website are compatible with the Telecom network, and are free from any third party claims. By providing Services in respect of any Equipment or Critical Spares, Telecom does not represent that any of the Equipment or Critical Spares will be compatible with the Telecom network or comply with Telecom standards and specifications. 1 July 2005 Telecom NZ Ltd Page 1 Commercial in Confidence

2 Telecom reserves the right to refuse to provide Services in respect of any Equipment and Critical Spares which do not comply with Telecom s standards and specifications which can be found at Telecom s website or are otherwise not compatible with the Telecom network. Telecom may at any time reduce the amount of Critical Spares stored under the customer s Colocation Service Schedule, by notice in writing to the customer and will adjust the fixed monthly fees accordingly. Where Telecom does so, from the date of the notice Telecom will have no obligation or responsibilities in respect of the Critical Spares specified in the notice and the customer will take delivery of the those Critical Spares from the relevant site within 5 Business Days of notification. Physical Security and Protection: Security guards monitor data centres at Mayoral Drive 24 hours a day, 7 days a week and at Wellington and Christchurch during Normal Service Hours. Data centres have CCTV cameras installed inside and outside the building. Secure, controlled access to data centres. Access to the Equipment is via lockable cabinets (lockable front and back doors). Fire protection. Data Centres: Multiple fibre connections. UPS batteries and diesel generators. Dedicated power rails to every customer. 24 x 7 core network and environmental monitoring. 24 x 7 customer support for Wellington sites call , and for Auckland, Christchurch and other sites call Administration Administration activities undertaken by Telecom specifically in respect of the Equipment (including where applicable, telephone calls, fault logging, recording of actions, administration of the connection to the Telecom network, security of documentation, inventory and general administration). Access Access by the customer or Telecom-approved representatives or third parties to sites and all Equipment and Critical Spares must be notified in advance by calling the 24-Hour Service Number and is subject to approval by Telecom. Access will be provided within the Response Times set out in section 3 below. During any such visit, the customer (or Telecom-approved representative or third party) must be accompanied by a Telecom representative and the customer will, and will ensure that any representative or third party, complies with any instructions from the Telecom representative. 2.4 Service Options Optional Service Features The following optional service features are available: Monitoring, alerting, and reporting services. First level maintenance basic maintenance of the Equipment, being hardware resets or reboots, checking Equipment status, swapping out of Equipment and any additional maintenance as agreed between the customer and Telecom. The customer will provide Telecom with all training and information necessary to enable Telecom to meet its obligations under this provision. This maintenance will be requested by the customer and/or undertaken after consultation with the customer s technical teams. Tape backup/restore and rotation (daily, weekly or monthly) with optional offsite storage. Server power cycling. Security services, including managed vulnerability scanning services and content integrity monitoring services. 1 July 2005 Telecom NZ Ltd Page 2 Commercial in Confidence

3 Network and server provisioning services. Licensing provisioning. Thin client consulting services. Domain name services (primary and secondary). SMTP mail relay facility. Storage of critical spares. Optional Support Services The following optional support services are available: Remote Hands: customers can ensure continuous, trouble-free operations in remote locations by utilising the Telecom Remote Hands service. Delivered by a highly trained technical staff, Remote Hands services range from power cycling equipment or reading an indicator, to card swapping or performing emergency equipment replacement. Consulting services for infrastructure design and implementation. Escorting visitors and the customer during site access (note this is mandatory at some Colocation sites). 2.5 Service Management The Colocation service includes the following service management functions: 24 x 7 core network and environmental monitoring 24 x 7 customer support via a single support point of contact. 2.6 Customer Responsibilities The customer is responsible for: owning, maintaining, monitoring and managing the Equipment using their own people and toolsets. appointing authorised administrators, and for those administrators carrying out the following tasks: installing and maintaining any data or content; installing and maintaining hardware and software components outside the scope of this Product Specification; acting as the customer contact for Telecom; and training successors and providing alternate customer contacts. procuring and configuring all hardware and software forming part of the customer s system, except for those items that Telecom has agreed in writing to procure and configure. removal of all Equipment, software and Critical Spares once the customer s Colocation Service Schedule is terminated. protecting the security and privacy of customer data back-up and recovery of data. providing Telecom with all information (including but not limited to manuals, specifications and manufacturers warranties), training and specialist test equipment necessary to enable Telecom to meet its obligations under this Product Specification; ensuring that all information the customer gives to Telecom is correct and complete; ensuring that all Equipment and Critical Spares provided to Telecom for installation are compatible with Telecom s Network to which it will be connected; immediately notifying Telecom of any faults in Telecom s equipment, the Equipment or Critical Spares upon becoming aware of such faults; 1 July 2005 Telecom NZ Ltd Page 3 Commercial in Confidence

4 not interfering with Telecom s network or equipment; complying with this Colocation Product Specification and Telecom s Acceptable Use Policy attached as Appendix 1. ensuring that everyone the customer is responsible for or that uses this service complies with this Colocation Product Specification and Telecom s Acceptable Use Policy attached as Appendix Service Implementation and Installation Telecom will carry out the following implementation activities: Setting up required equipment, site and cabinet requirement specification on the customer s behalf. Project co-ordination to organise Telecom s implementation activities. Assessing the customer s Equipment with regard to space requirements and compliance with Telecom s standards. Where applicable, ordering, installing and setting up the Colocation cabinets or assisting the customer (or its agent) to set up customer supplied cabinets/racks in accordance with Telecom s standards. Installing and setting up power reticulation to meet equipment manufacturer s specifications and Telecom s standards. Note that charges apply for power feeds additional to a single 230 volt, 10 Amp Uninterruptible Power Supply (UPS) feed. Where applicable preparing and installing the customer s Equipment into the cabinets/racks and/or assist the customer (or its agent) to install the Equipment into the cabinets/racks in accordance with Telecom s standards. Working with other Telecom agents to co-ordinate the installation and provision of Telecom Network services to the relevant customer cabinet location and /or demarcation points. Working with the customer to gain familiarity with the customer s Equipment, provision of operational authority processes and documentation. Customer acceptance when the Equipment implementation is complete. 2.8 Implementation Options The customer may select from the following implementation options: Telecom providing escort duties and overseeing the customer installation for compliance to Telecom standards, orientation and assisting the customer or customer third party agents to install the customer Equipment (note this is mandatory at some Colocation sites). Telecom providing Project Management for the customer, IT Integrators, and any third parties. 2.9 Network Service Boundaries The service boundaries between the customer s Equipment and the Telecom Network is at the Service Delivery Point ( SDP ), which is located on the customer s side of Telecom s access termination equipment or equivalent Telecom demarcation point at the customer s site specified in the Service Schedule. The demarcation point will typically be within the customer cabinet Important Terms for Colocation Service Risk All risk in Equipment and Critical Spares remains with the customer. We recommend you obtain suitable insurance. 1 July 2005 Telecom NZ Ltd Page 4 Commercial in Confidence

5 Title Title in Equipment and Critical Spares remains with the customer. Title to anything supplied as part of the Service remains with Telecom at all times, including ownership of intellectual property and other proprietary interests. Jumpering The customer s Equipment may not be directly connected to the equipment of other customers housed at the site. Operational The customer will itself and ensure that each of its employees, representatives, visitors or subcontractors comply with reasonable security, operational and documentation requirements of Telecom (particularly in relation to access to Telecom s property and information, health and safety, and appearance and conduct of personnel and property). The customer will also have and comply with its own appropriate health and safety plan, and promptly notify Telecom: if any hazard exists at relevant Telecom properties due to the customer s employees, representatives, visitors or subcontractors; and of any accident or serious harm that occurs to, or is caused by, the customer s employees, representatives, visitors or subcontractors at any Telecom property. Access to Equipment Telecom may access and remove Equipment and Critical Spares and do any other thing if Telecom considers it necessary to protect Telecom s network. Telecom will make every reasonable effort to contact the customer before removing any Equipment and/or Critical Spares. Disruption Disruption to Telecom is to be minimised by the customer when accessing Telecom s property and information and any damage or problem, to the extent caused by the customer s employees, representatives, visitors or subcontractors, promptly made good by the customer. Service Disruption Telecom may temporarily suspend or restrict the Services (or any part thereof) during any scheduled or agreed maintenance period. Telecom will endeavour to give the customer at least two Business Days notice of scheduled maintenance that is likely to affect the Services. Where practical Telecom will endeavour to schedule the maintenance during the early hours of the morning, or at any other time that minimises disruption to the customer s business. Telecom may also suspend or restrict the Services (or any part thereof), if it thinks reasonable or necessary. Telecom will make every reasonable effort to contact the customer before suspending or restricting any Service. Co operation The customer is to ensure that its employees, representatives, visitors and subcontractors co-operate with and do not restrict any Telecom representative or any other people in their activities. Insurance 1 July 2005 Telecom NZ Ltd Page 5 Commercial in Confidence

6 The customer will have and maintain at its cost, insurance cover for any Equipment and Critical Spares in respect of which services are provided under the customer s Colocation Service Schedule to the extent required or approved by Telecom. Without limiting the above bullet point, any insurance cover will include public liability insurance (upon terms approved by Telecom) with a reputable insurance company for a sum not less than $10,000,000 for any one claim or series of claims arising out of one event (such policy to provide that Telecom s property is third party property for the purposes of the policy and to include cover for a sum not less than $10,000,000 for any indirect or consequential loss including any loss of revenue by Telecom which occurs as a result of any property damage for which the customer is liable at law. Such insurance shall also incorporate a cross-liability clause. Placement of such insurance shall not negate the customer s liability to Telecom. All insurance policies under this Product Specification will: (ii) (iii) (iv) note the customer and Telecom as co-insured persons; and include a clause enabling one insured person to claim against the insurer when the other insured person would have been entitled to claim against the insurer, but is precluded from doing so for any reason, including but not limited to, a breach of the policy by that other insured person; and include a cross-liability clause enabling one insured person to claim against the insurer even if the party making the claim against the insured person is also insured under the policy; and require the insurer to obtain written consent from Telecom to any change of the provisions referred to in points to (iii) above, and If the customer defaults on any of its obligations under this insurance clause, Telecom will be entitled to obtain relevant insurance and to be promptly reimbursed for the amount of any insurance premiums and any excess by the customer (who agrees to do so). Removal of Equipment and Critical Spares If the customer s Colocation Service Schedule is terminated, the customer will remove all Equipment and Critical Spares within 10 days of termination. The customer will provide Telecom with 2 Business Days' notice of its intention to remove the Equipment and Critical Spares. For the purposes of removing the Equipment and Critical Spares, the customer (or Telecom-approved representative or third party) will be accompanied by a Telecom representative and the customer will, and will ensure that any representative or third party, complies with any instructions from the Telecom representative. If the customer does not remove the Equipment and Critical Spares within 10 days of termination, Telecom may remove the Equipment and/or Critical Spares from the site. Provided that Telecom acts with reasonable care in removing the Equipment and Critical Spares, the customer must pay Telecom for any costs incurred. 3 SERVICE TARGETS Service Delivery Performance Targets This section lists the performance targets for Telecom s delivery of the service. Service Attribute Attribute Definition Service Target Response Time The elapsed time between the receipt of a call, or alarm occurrence, and Telecom commencing restoration work. During Normal Service Hours: 1 hour Outside Normal Service Hours: 4 hours Normal Service Hours Those hours during which, if the customer reports a fault, Telecom will commence restoration activity for the customer at no additional charge. 8.30am to 5.00pm, Monday to Friday. Excludes national public holidays and the provincial anniversary day holiday applicable to the affected site 1 July 2005 Telecom NZ Ltd Page 6 Commercial in Confidence

7 Billing Enquiry Resolution The elapsed time between reception of a billing enquiry and confirmation to the customer of its resolution. Single account, with account arrears less than 90 days: Within 2 Business Days. All other enquiries: By agreement 4 STANDARD FEES AND INVOICING 4.1 Invoicing Installation/Implementation Fees Installation/Implementation Fees are invoiced in arrears and cover items identified in section 2.7 and any additional work requested by customer including items listed at section 0. Fixed Monthly Fees Fixed monthly Fees are invoiced monthly in advance and include, but are not limited to, the following items: Provision of space for telehousing of Equipment Storage of Critical Spares Administration (including, where applicable: telephone calls, fault logging, recording of actions, administration of the connection to the Telecom network, security of documentation, inventory and general administration) Any optional service features selected by the customer Capital cost for any equipment purchased from Telecom. Miscellaneous Fees Miscellaneous Fees are invoiced monthly in arrears and may include, but are not limited to, the following items: Remote Hands services Consulting services Customer site access to Equipment and Critical Spares First level maintenance Fault diagnosis Media backup services and offsite media storage. 4.2 Moves Adds and Changes (MACs) Moves, Adds and Changes ( MACs ) are additions or changes to the Equipment requested by the customer to be performed by Telecom. MAC Description During Normal Service Hours $120 per hour plus reasonable material costs Fee Outside Normal Service Hours $175 per hour plus reasonable material costs 1 July 2005 Telecom NZ Ltd Page 7 Commercial in Confidence

8 APPENDIX 1 ACCEPTABLE USE POLICY ( AUP ) 1 INTRODUCTION (a) (b) (c) (d) (e) (f) (g) This AUP applies to: (ii) customers who agree to take the services; and to all other users of the services including the customers employees and contractors. Telecom's customers and those users are together called the Users in this Policy. Violations of this AUP, and the Acceptable Use Policies of other providers (see clause 5 below) can severely affect provision of various services. For example, spamming by Users can lead to denial of service attacks that disrupt not only the services to you but also the use by others of services on the Internet. Compliance is therefore particularly important. Breach of this AUP by a User that utilises any of the services, via the customer, is considered to be a breach by the customer as well as by the User, whether or not the customer had knowledge or gave consent. It is important that the customer ensures compliance with this AUP. Indirect or attempted violations of this AUP by Users are considered to be violations by the customer. This AUP supplements, but does not supersede, the Product Specification for the services. In the event of a conflict between a term in this AUP and the Product Specification, the Product Specification prevails. While Telecom does not monitor or control communications, if Telecom becomes aware of a violation of this AUP, Telecom may take the following actions: (ii) termination, suspension, blocking or filtering of sites, and co-operating with and notification of relevant authorities and parties including enforcement agencies and other internet service providers and carriers ( Third Parties ). Telecom may need to communicate the Users personal information to such Third Parties. Telecom may (a) take any of these steps without informing the Users first and (b) do this at Telecom's sole discretion when investigating any problem or complaint. However, where appropriate, we will endeavour to inform Users to give them an opportunity to comply voluntarily. The Users must inform Telecom of any breaches of the AUP that comes to their attention. The customer s users should do so by contacting the customer and the customer should do so by contacting the Telecom Account Manager. 2 CHANGING THE ACCEPTABLE USE POLICY Telecom may change this AUP at any time by changing or removing existing requirements or adding new ones. Changes may take the form of a completely new AUP. Telecom will tell you about any changes by ing details of the changes. 3 PROHIBITED USES (a) (b) Illegal Uses - Users must not use services in ways that constitute criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation, breach of intellectual property rights (such as copyright, trade marks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and breaches of trade practices legislation, examples of which are the Fair Trading and Consumer Guarantees Acts (New Zealand) and the Trade Practices Act (Australia). Security and Protection of the Network - Users must not use services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes: hacking, cracking into, monitoring, or using systems without authority; scanning ports (including scanning for open relays); improper configuration of mail servers and FTP servers enabling distribution of spam or unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses, or other harmful material or software; any 1 July 2005 Telecom NZ Ltd Page 8 Commercial in Confidence

9 communications across the services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network in any way as a staging ground for any of those breaches or to disable or crack other systems. (c) (d) Industry Codes - Users must not use services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body. Threats - Users may not use services to transmit content of a threatening nature including threats of death, physical harm and defamation. 4 SPAM (a) Spam is not permitted. Spam includes (but is not limited to) sending: (ii) (iii) unsolicited s without identifying an easy way for the recipient to stop receiving more s from the originator of those s; unsolicited bulk (for example: sending a single message to more than 12 destinations (whether newsgroups, addresses or web sites) where there is no pre-existing business or personal relationship with the recipient(s); messages or s that could reasonably be expected to provoke complaints; (iv) chain letters, pyramid schemes or hoaxes; (v) s and messages that do not accurately identify the sender s return address, header or domain name; (vi) unsolicited s and bulk mail from another provider, advertising or impacting upon the use of any of the services. 5 OTHER PROVIDER S POLICIES Users must not breach the AUPs (or similar guidelines and rules) of other Internet providers including internet service providers and telecommunication carriers. 6 RESPONSIBLE USE (a) Users must use the services in a responsible manner taking into account: the effect their use of the services may have on networks, equipment and other parties; and (ii) compliance with netiquette, newsgroup and internet conventions, as well as restrictions in rules, charters and similar Newsgroup, web site and mailing list material; and (iii) the fact that such use must not interfere with the availability of any of the services to others or any other services including services offered by Telecom and other internet providers and carriers to others. 1 July 2005 Telecom NZ Ltd Page 9 Commercial in Confidence

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