Single Point Global Product-specific Attachment for Colocation and Data Center Service
The following additional terms and conditions are applicable to Sales Orders for Single Point Global’s Colocation and Data Center Services:
[Version 1.1]
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” or “Services” means the Colocation and Data Center Service.
ARTICLE 1. SERVICES
This attachment shall apply to Colocation and Data Center Service. The Service consists 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. Single Point Global reserves the right to modify the Service descriptions without notice.
ARTICLE 2. PROVIDER
Services shall be provided by Single Point Global in conjunction with a facility provided by a third party.
ARTICLE 3. CUSTOM INSTALLATION FEE
Once Single Point Global accepts a Sales Order for Service, Single Point Global will invoice Customer for all applicable Custom Installation Fee(s) based on the selected Service Term. Customer will pay the Custom Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Service Order.
ARTICLE 4. 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 5. TERMINATION CHARGES
5.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein. To the extent that a Service Term has not been expressly set forth in a Sales Order, the minimum Service Term for Services is thirty-six (36) months.
5.2 In the event that Service is terminated on or following the Service Commencement Date 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.
5.3 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 5.2 of the General Terms and Conditions. If, in any single calendar month, Customer would be able to receive credits totaling seven (7) or more days resulting from three (3) or more events during such calendar month, 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.
5.4 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. In no event will Single Point Global be required to credit Customer in any one (1) calendar month Single Point Global connectivity charges in excess of seven (7) days of Service(s). 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.
ARTICLE 6. SERVICE LEVEL AGREEMENT
The service level agreement (“SLA”) applicable to the Service is set forth in Schedule A-2 hereto.
ARTICLE 7: USE POLICY/ADDITIONAL USE OBLIGATIONS AND RESTRICTIONS
7.1 Single Point Global exercises no control over the content of the information passing through it. The service may only be used for lawful purposes. Unauthorized transmission or storage of any information, data, or material in violation of any Federal or state law or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is obscene or material protected by trade secret. Customer agrees to indemnify and hold the company harmless from any claims from any related or unrelated third parties including attorneys’ fees resulting from misuse of the facilities in contravention to any federal or state law. Ignorance of any related law will not be an excuse for the violation.
7.2 Access to service is subject to compliance with the Acceptable Usage Policy, available at https://www.singlepointglobal.com/legal/. Any access to the other networks connected to network must comply with the rules of that other network.
7.3 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.
7.4 Actual travel time will start from Single Point Global’s corporate office to Customer datacenter site. All applicable tolls and travel fees will be billed to the Customer. Single Point Global shall be reimbursed for reasonable costs and expenses incurred in connection with the performance of professional services, including without limitation, all expenses for travel, travel time.
7.5 It is the Customer’s responsibility to provide Single Point Global with documentation of all hardware being collocated in Single Point Global’s facility. This list is to be provided as part of the implementation process and will be approved and signed by Single Point Global and the Customer.
ARTICLE 8: SERVICE CHARGES
The Service is billed as a flat monthly fee. All Customers are required to have a credit card on file. Invoices are due within thirty (30) days of the invoice date. Any unpaid invoices exceed thirty (30) days may result in disconnection of the Service and a 1.5% late fee added each month until the invoice has been paid in full. Billing increment for the Services covered under this PSA are entitled to a 3% increase annually on the service commencement date. Single Point Global reserves the right to round up any and all invoice amounts to the nearest one (1) cent.
SCHEDULE A-1
SERVICE DESCRIPTIONS AND TECHNICAL SPECIFICATIONS
The descriptions for the Services provided under the Single Point Global Colocation and Datacenter Services are located at www.singlepointglobal.com
SCHEDULE A-2
SERVICE LEVEL AGREEMENT FOR THE COLOCATION AND DATA CENTER SERVICES
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 Client Area multiplied by five percent (5%) for each Temperature Failure. For purposes of clarification, Client 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 Client Area multiplied by ten percent (10%). For purposes of clarification, Client 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 Client 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 Client Area multiplied by five percent (5%) for each Humidity Failure. For purposes of clarification, Client 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 Client Area.
The Service Level Credit for each Critical Humidity Failure shall equal the total monthly Service Fees of the Client 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 Client 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. Client 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.
Each data center has specific ratings as listed below. Any over utilization of the following densities will void any Client entitlement to the benefits of this SLA.
DC01 cabinet Clients: up to 10000 watts per cabinet. (Unless otherwise agreed in writing.)
DC01 cage Clients: up to 120 watts per square foot (Unless otherwise agreed in writing.)
Total power capacity for the space is the total square footage multiplied by the rated wattage per square foot in the applicable Data Center.
SPG’s SLA is to have AC power provided to the Client’s space 100% of the time in a calendar month based on Client 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 Client to the time power is restored to the Client’s space.
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”.
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 5.3. In the event of a SLA Failure, Client 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 Client, its authorized agents or users or Client 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.
