Premium Co-location Service Terms

1. About

These terms are product specific terms which apply to our Premium Co-location services.

2. Application

These service terms along with our Co-location Category Terms and our core terms (which can be found at au.pacnet.com/terms-and-conditions/) together form your customer contract with us.

3. Term

Unless we state otherwise, the minimum term contract with our Co-location Services is 12 months unless you request any longer period.

4. Features

In addition to the standard features offered with Premium Co-location you may request and if we agree we will provide you with Advanced Co-location Features.

5. Access

5.1. We licence the data centre where our Premium Co-location service is provided from.

5.2. You must comply with our Licensor’s Facility Rules and Regulations at all times – these can be provided upon request.

5.3. Our Licensor may ask you to leave the data centre – If they do, then you must comply with their direction.

5.4. If you fail to comply with your customer contract or the Licensor’s Facility Rules and Regulations Restrictions – then we (or the Licensor) may ask you to leave the data centre.

5.5. We may provide your Premium Co-location service from any data centre we choose.

5.6. If we decide to relocate your customer equipment to another data centre, we can do so at any time – but where we do, we will endeavour to notify you in advance.

5.7. Where we relocate your customer equipment you release us from and indemnify us against any loss or damage which may occur as a result of it.

5.8. Any service levels which apply to our service, do not apply where your customer equipment is relocated, and only recommence from the time we enable your customer equipment in the new data centre and notify you of this.

6. Removal of equipment

We may exercise our rights under clause 10.2 of the Co-location Category Terms, where you leave any customer equipment in the data centre for 21 days or more.

7. Indemnity

In addition to any other indemnity or limitation of liability under your customer contract – you indemnify us against any claim, demand, expense, loss or damage which arises under your customer contract or from your use of the data centre.

8. Fees

We may charge you:

8.1. additional fees or charges:

8.1.1. where any act or omission of yours results in our Licensor or any third party imposing a fee or charge upon us;

8.1.2. where we agree to provide Advanced Co-location Features; and

8.1.3. for after hours access to the data centre

8.2. any other fee or charge which arises as a result of a breach of your customer contract.

9. Service levels

9.1. When providing our Premium Co-location services we aim to achieve the service levels contained in the Schedule to these terms.

9.2. We may change these service levels at anytime on 7 days notice to you.

9.3. You must notify us immediately when you become aware of a service interruption.

9.4. You acknowledge that:

9.4.1. the service levels are targets only, and we are not bound to achieve them; and

9.4.2. failure to achieve any service level is not a breach of your customer contract and does not entitle you to any compensation or rebate.

10. Dictionary

In these service terms, unless the context indicates otherwise

Advanced Co-location Features email security, SecureSite, Managed Firewall, data backup and recovery, offsite data storage, disaster recovery – but these features may change from time to time
service interruption the unavailability of a service with the consequence that your business at the data centre is materially prejudiced or damaged

Schedule

Number Target Service Levels
1 Power – We will provide continuous power to be supplied up to and including the PDU’s in the technical space to 99.99% availability
2 Temperature – Acceptable temperature range is from 20-24 degrees Celsius. The averaged return air temperature measured at the CRAC Units is not to deviate from the acceptable range for more than 30 minutes in any 24 hour period
3 Humidity – Acceptable humidity range is from 40%-60% rH. The averaged return air humidity measured at the CRAC Units is not to deviate from the acceptable range for more than 30 minutes in any 24 hour period
4a

Reporting – All identified reports:

  • Monthly report of persons accessing the data centre
  • Annual maintenance schedule
  • Monthly service level achievement report

are to be made available to you within 7 working days of the beginning of each calendar month

4b Reporting – Ad hoc incident report – reports to be available within 24 hours of any incidents that impact any services provided to you
5 Data Centre access – We will allow nominated personnel access to the data centre on 48 hours notice. Emergency access where hardware has failed can be provided at our discretion. Customers who are entitled to unescorted access (subscribed to at least a full secured rack) will be issued with an access card to allow access 24 hours per day 7 days per week without prior notice. Access should be provided within 10 minutes of presenting at the security control desk
6a Security – No unauthorised access to the rack space
6b Security – Access monitoring of the entry to the rack space is to be provided by us and maintained for a period of 30 days