Single Point Global Product-specific Attachment for Colocation and Data Center Service
[Version 1.7]
The following additional terms and conditions are applicable to Sales Orders for Single Point Global’ s Colocation and Data Center Services:
DEFINITIONS
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions (“General Terms and Conditions”).
For the purposes of this PSA, “Service(s)” means the Colocation and Data Center Service.
ARTICLE 1. SERVICES
This attachment shall apply to Colocation and Data Center Service. The Service consists with the lease of secure facilities that contain customer hardware and software with multiple layers of physical and data security. A further description of the Service is set forth in Schedule A-1 hereto which is incorporated herein by reference.
ARTICLE 2. PROVIDER
Services shall be provided by Single Point Global in conjunction with a facility provided by a third party.
ARTICLE 3. SERVICE COMMENCEMENT DATE
The Service Commencement Date shall be defined as the date(s) on which Single Point Global first makes the Service available for use by Customer. Following payment of all Fees due under the applicable Sales Order, Single Point Global shall notify Customer when the Service is available for use (“Availability Notification”). Charges for the Service shall begin to accrue as of the Service Commencement Date.
ARTICLE 4. TERMINATION CHARGES
4.1 Term. The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein.
4.2 Termination Charges for Services. In the event Customer terminates Service following the execution of a Sales Order but prior to the end of the applicable Service Term, Customer shall pay 100% of the remaining Service Term. Termination Charges shall be paid in 30 days of invoice date and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Single Point Global through the date of cancellation or termination.
4.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer as a result of Single Point Global’ s material and uncured breach in accordance with Article 5.3 of the General Terms and Conditions. If, in any single calendar month, Single Point Global violates three (3) SLA’s or violates five (5) SLAs in a three-month period, then, Customer may terminate the applicable Service for cause and without termination fee by notifying Single Point Global within five (5) days following the end of such calendar month. Termination will be effective thirty (30) days after receipt of such notice by Single Point Global.
4.4 Credits. In the event that Customer is entitled to multiple credits arising from the same event, whether under this SLA or any other SLAs, Customer shall be entitled to receive only the maximum single credit available for such event. A credit shall be applied only to the month in which the incident took place and will appear on the invoice for the month following. Customer shall not be eligible to receive any credits for periods during which Customer received any Service(s) free of charge.
4.5 Escalator. Single Point Global, at its discretion, can apply a cumulative three percent (3%) annual price escalator to the MRC under each colocation line item contained within the Sales Order on its anniversary date.
ARTICLE 5. SERVICE LEVEL AGREEMENT
The service level agreement (“SLA”) applicable to the Service is set forth in Schedule A-2 hereto.
ARTICLE 6: PROFESSIONAL SERVICES
Sales Orders that do not including a professional services or onsite request rate are billed at a default hourly rate of three hundred dollars $300.00 per person rounded up to the nearest hour. Actual travel time will start from Single Point Global’ s office to Customer datacenter site.
SCHEDULE A-1
SERVICE DESCRIPTIONS AND TECHNICAL SPECIFICATIONS
Colocation and Data Center Services
Single Point Global’ s Colocation and Data Center Services (“Service(s)”) will be provided in accordance with the service descriptions, technical specifications set forth below:
Service Descriptions
Colocation and Data Center Services (Colo). Colo provides reliable, secure, and flexible datacenter leased space to Customer. The Service(s) is offered in tier3+ datacenters, in multiple markets around the global, constructed using industry best practices. The leased space is made available to the client in multiple varieties including single rack-unit colocation in a shared secure space, dedicated rack(s), and dedicated cage configurations. The space includes power, humidity/temperature control, and physical security utilizing biometrics, cameras, and trained-certified security personnel to control access 24/7/365 days a year.
SCHEDULE A-2
SERVICE LEVEL AGREEMENT
Single Point Global’ s Colocation and Data Center Services (“Service(s)”)will be provided in accordance with the performance standards set forth below:
Service Level Agreement Temperature, Humidity & Power Provisions
Temperature.
Temperature Failure – It shall be a Service Level Failure if the ambient air temperature average, as measured across all measurement points (a “Temperature Reading”), is outside the range defined by the ASHRAE Environmental Guidelines for Datacom Equipment.
The Service Level Credit shall equal the total monthly Service Fees of the Customer Area multiplied by five percent (5%) for each Temperature Failure. For purposes of clarification, Customer receives a Service Level Credit after each four (4) hour period during which a Temperature Failure continues.
Critical Temperature Failure – It shall be a Service Level Failure if a Temperature Reading exceeds the allowable Class 1 Operating Environment, as defined by the ASHRAE Environmental Guidelines for Datacom Equipment.
The Service Level Credit each Critical Temperature Failure shall equal the total monthly Service Fees of the Customer Area multiplied by ten percent (10%). For purposes of clarification, Customer receives its first Service Level Credit immediately upon a Critical Temperature Failure and receives further Service Level Credits for each four (4) hour period during which a Critical Temperature Failure continues.
Maximum Credit – Under no circumstance shall Customer entitlement to credits under this term exceed 50% of Client’s monthly recurring revenue for the month in which credits are granted.
Humidity.
Humidity Failure: – It shall be a Service Level Failure if the ambient air relative humidity average, as measured across all measurement points (a “Humidity Reading”), is outside the range defined by the ASHRAE Environmental Guidelines for Datacom Equipment.
The Service Level Credit shall equal the total monthly Service of the Customer Area multiplied by five percent (5%) for each Humidity Failure. For purposes of clarification, Customer receives a Service Level Credit after each six (6) hour period during which a Humidity Failure continues.
Critical Humidity Failure – It shall be a Service Level Failure if the Humidity Reading exceeds the allowable Class 1 Operating Environment, as defined by the ASHRAE Environmental Guidelines for Datacom Equipment and causes water to condense in the Customer Area.
The Service Level Credit for each Critical Humidity Failure shall equal the total monthly Service Fees of the Customer Area multiplied by ten percent (10%). For purposes of clarification, Customer receives its first Service Level Credit immediately upon a Critical Humidity Failure and receives further Service Level Credits after each four (4) hour period during which a Critical Humidity Failure continues.
Maximum Credit – Under no circumstance shall Customer entitlement to credits under this exceed Client’s monthly recurring revenue for the month in which credits are granted.
Power.
Service Level Agreement (“SLA”) SPG will provide the appropriate power density as noted in the corresponding price quotation in accordance to the Client’s location. Customer is responsible to ensure that the total of the manufacturers rated amperage for all equipment on any given electrical circuit does not exceed the amperage size of that circuit, and that the total running amperage per circuit, as measured by SPG, does not exceed 80% of the amperage size for that circuit.
SPG’s SLA is to have AC power provided to the Client’s space 100% of the time in a calendar month based on Customer having properly deployed dual corded devices fed by redundant and balanced power circuits supplied by SPG. Power unavailability is defined as the number of minutes that power was not available to the Client’s space measured from the time the power unavailability is detected by SPG or reported by Customer to the time power is restored to the Client’s space. A single power circuit failure, whether in maintenance or actual failure, does not represent a Power SLA Failure.
Power Failure – It shall be a Service Level Failure if the primary and redundant power providing service to any client equipment are both unavailable at the same time.
The Service Level Credit for each Power Failure shall equal the total monthly Service Fees of the Customer Area multiplied by ten percent (10%). For purposes of clarification, Customer receives its first Service Level Credit immediately upon a Critical Power and receives further Service Level Credits after each four (4) hour period during which a Critical Humidity Failure continues.
Maintenance
SPG may interrupt electrical power up two (2) times a year, to perform routine preventive maintenance. Such interruptions of service shall be deemed “Planned Outages”. SPG will provide 48 hours’ notice before interrupting service except in the event the preventive maintenance is needed to mitigate the risk of a more prolonged power outage, in which case SPG will provide as much notice as possible under the circumstances. Such interruptions of service shall be deemed “Emergency Outages”.
Response and Restoration Standards
Single Point Global has the following response and restoration objectives:
Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of Customer, its end users, agents, representatives, or third-party suppliers.
SLA Failure
Failure to meet the SLA set forth above shall be deemed an “SLA Failure” and a breach of this Agreement if such SLA Failures become chronic as described in Section 4.3. In the event of a SLA Failure, Customer shall be entitled to outage credits as set forth below. The SLA shall not apply to:
- A) planned outages as defined above,
- B) acts or omissions of Customer, its authorized agents or users or Customer third parties,
- C) force Majeure Events as described GENERAL TERMS AND CONDITIONS, or,
- D) scheduled or unscheduled outages on Client’s network, its equipment, or application outages
