TIMICO LIMITED SERVICE SPECIFIC SCHEDULES

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1 TOTAL HOSTING DEFINITIONS In this Service Specific Schedule, the following expressions shall have the following meaning unless the context otherwise requires: Compute Data Centre Infrastructure Data Centre Network Dedicated Server Hosted Antivirus Hosted Backup Internet Access Plesk Control Panel Primary Storage Secondary Storage Server Monitoring Shared Firewall Storage the virtual CPU and memory capacity provided to the virtual data centre from pools of standard x86 hardware the physical fabric of the data centre including racks, cabling, cooling and power the switching and routing infrastructure used to provide the Dedicated Server with Internet Access the lease of a physical, rack mounted server, residing within the Newark Data Centre, that is not shared with any other Customer the provision of software suitable for protecting virtual machines from Internet security threats the provision of software and storage suitable for backing up and restoring copies of the Customer s Virtual Servers a high speed data service from the Customer s network to the Supplier s Internet Peering gateways the provision of a parallels plesk control panel for server management and user interface (UI) high performance disk space for Virtual Servers slower storage infrastructure used to attach disk space to virtual machines the provision of a portal to monitor server response, server health and server processes the provision of a shared firewall device to restrict certain types of Internet traffic to the Virtual Server shall mean the Primary Storage and/or the Secondary Storage Timico Limited 2014 Page 1 DOC v3 October 2014

2 Total Hosting Services Virtual Data Centre Platform / VDC Platform Virtual Server as set out in paragraph 1.1 of this Service Specific Schedule the Compute and Storage infrastructure and hypervisor upon which the Virtual Server is built a virtual machine built on the Virtual Data Centre Platform including the operating system used to host the Customer s website or application 1. SERVICES SUPPLIED 1.1 The Supplier will provide the Customer with a virtual server built within the Supplier s Virtual Data Centre Platform, including the agreed amount of Compute and Primary Storage as set out in the Order Form. The Customer acknowledges and accepts that all servers used by the Supplier for the provision of the Total Hosting Services will be located in the Supplier s data centre. 1.2 The Supplier will use reasonable endeavours to provide the Customer with root access to the Virtual Server but no direct access to the VDC Platform will be provided. 1.3 Should the Customer subscribe to Plesk Control Panel, the Supplier will provide access details to the Customer. 1.4 The Customer can choose to use additional services such as backup, shared firewall, anti-virus and server monitoring at an additional charge. 1.5 The Supplier will not be responsible for the migration of data to the Virtual Server unless this has been otherwise stated in the Order Form. 2. USE OF THE SERVICES 2.1 The Supplier will be responsible for creating the Virtual Server, installing the Virtual Server operating system, managing operating system updates from within thirty (30) days of release of the update. The Supplier shall not be responsible for keeping this up to date. 2.2 It is the responsibility of the Supplier to ensure that the Virtual Server is accessible to the Customer and that the underlying VDC Platform is powered and cooled by the Data Centre Infrastructure to ensure that it operates at an optimal level. 2.3 If the Customer chooses not to take backup or anti-virus services from the Supplier, the Customer accepts that it is their responsibility to keep the Virtual Server secure and protected. 2.4 It is the responsibility of the Customer to adhere to the Acceptable Use Policy. If breached by the Customer, the Supplier reserves the right to: Timico Limited 2014 Page 2 DOC v3 October 2014

3 2.4.1 suspend the provision of the Total Hosting Services to the Customer (in which circumstances, for the avoidance of doubt the Customer shall continue to pay the Charges); or terminate this Agreement pursuant to [clause 14.4] [where using the Enterprise Terms] / [clause 11.4] [where using Small Business Terms]. 3. CHARGES 3.1 If any excess installation costs are incurred as described in paragraph 1.3 these will be detailed to the Customer during the installation. If the Customer does not agree to these charges then the Customer shall have the option to: (where the Total Hosting Services are to be provided to only one site), terminate this Agreement and pay the No Proceed Fee; or (where the Total Hosting Services are to be provided to more than one site) cancel the requirements for such Total Hosting Services at one or more sites but not all sites contemplated by this Agreement. For the avoidance of doubt, should the Customer proceed under this paragraph 3.1.2, the Agreement shall remain in full force and effect and the Customer shall pay the No Proceed Fee in respect of the cancelled sites. 3.2 If any additional excess costs are incurred by the Supplier during installation, which were not reasonably foreseeable, the Supplier reserves the right to pass these costs onto the Customer. 3.3 If the Customer cancels the Total Hosting Services prior to installation, but after the Supplier has committed to an agreed installation date the Customer shall pay the No Proceed Fee. 3.4 The Supplier reserves the right to charge the Customer for excess Internet usage as per the Timico Standard Charges document. 4. SERVICE LEVEL AGREEMENT 4.1 The Supplier will use its reasonable endeavours to provide the Total Hosting Services within three (3) Business Days on the basis that there is sufficient storage capacity on the VDC Platform. In all cases these times are measured from when a request is received from the Customer in writing along with any specific technical details necessary for completion of the task. These times do not include any migration of data. 4.2 Set up of the Total Hosting Services will take place between the hours of 09.00am 17.30pm, unless otherwise agreed between the parties. 5. SERVICE AVAILABILITY AND PERFORMANCE 5.1 The monthly availability target is 99.99% based on a standard thirty (30) day month. The following formula is used to calculate the monthly availability. Timico Limited 2014 Page 3 DOC v3 October 2014

4 Monthly Availability (%) = (30 x 24 x 60) (Total Unavailable Time in minutes) x 100 (30 24 x 60) 5.2 The components included within the availability target are listed below: Data Centre Network Data Centre Infrastructure VDC Platform operating system and Plesk Control Panel 5.3 The following time periods are not included in Unavailable time calculation any scheduled or emergency maintenance windows as described in this Service Specific Schedule the time taken to restore application data by the Customer unavailable time caused by Customer misuse of the Total Hosting Services such as using non-certified software, in-appropriate use or a service quality issue with applications installed or managed by the Customer unavailable time caused by suspension or termination of the Total Hosting Services as required by law or governmental authority or as otherwise permitted in our standard Terms and Conditions unavailable time caused by any unauthorised change made to the Virtual Server through administrator access by the Customer unavailable time caused by any Customer network change, customer work or customer maintenance windows unavailable time caused when the Customer has requested changes to the Total Hosting Services 5.4 The components not included within the availability target are listed below: Customer data Customer applications Third party applications not provided by the Supplier Timico Limited 2014 Page 4 DOC v3 October 2014

5 5.5 The Supplier may be required to perform maintenance on the Data Centre Infrastructure and Data Centre Network, including the VDC Platform, to provide optimal performance and security. Full details of the Maintenance Policy can be found within the Timico Service Promise document. 6. SUPPORT LEVELS AND FAULT RESOLUTION 6.1 All details of the opening hours for technical support can be found in the Timico Service Promise document. 6.2 In the event of a fault with the VDC Platform, the Data Centre Infrastructure or the Data Centre Network, the target time to repair (TTTR) is four (4) hours. The Supplier shall use reasonable endeavours to repair any faulty component within the TTTR. 6.3 This TTTR will be measured from the time when the Supplier first detects the fault or is notified of it by the Customer to the time when the Customer is informed of the resolution via or phone call. 7. EXCLUSIONS 7.1 Subject to the provisions of clause [11] [DRAFTING NOTE: where using the Enterprise agreement] / [9] [DRAFTING NOTE: where using the small business terms] of this Agreement: the Supplier will not be held liable for data loss of any kinds where the Customer has chosen not to take the Supplier s Hosted Backup Services; and the Supplier will not be responsible for any Virus that may affect the Virtual Server where the Customer has chosen not to take the Suppliers Hosted Antivirus Services. 7.2 The Supplier will not be responsible for the management of any open source software or third party applications that have been sourced by the Customer. Timico Limited 2014 Page 5 DOC v3 October 2014