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Subject to the terms and
conditions contained in this Agreement, Areza will provide
the following services: Areza will dedicate to the Client
a server, which will be part of a fast Ethernet network
(10 Mbps). This machine will run NT Server v4.0 (including
the NT Option Pack) and SQL server 7.0.
The Client acknowledge
that IP Addresses designated by Areza for the Client
are not his property, are temporarily designated by
Areza as part of the Services and are not portable as
such term is used by the Internic. Areza reserves the
right to change the IP Address designations at any time,
providing it shall use reasonable efforts to minimise
inconvenience to the Client and shall give the Client
reasonable notice of changes.
Our monthly hosting and
maintenance fees include the following:
- A high-speed dedicated
Internet server
- Any hardware failures
are Areza 's responsibility. Areza will replace failed
hardware but is not liable for downtime or loss of
data that results from hardware failure.
- Server monitoring: 24
hours a day, 7 days a week, 52 weeks a year · Total
control of the Client server through root or administrator
access · Rack space in Areza 's data center
- Uninterruptible power
management system and redundant power
- Connection to over 15
Internet backbones
Step 1: Contact
Areza and describe the problem in detail.
Step 2: An Areza
technical staff member will collect all required information
to diagnose and provide a solution to the problem. Areza
will contact the Client immediately if further information
is needed.
This applies for emergency
cases where the Client cannot connect to its server.
In such a case, the Client should fill in the Emergency
Request with full details of the problem and the Client's
contact information. An Areza staff member will contact
the Client according to the Client's contact information.
The following policies
apply to all Areza support services:
- Business hours are Monday
through Friday, 9am to 6pm.
- On-site Areza staff
members monitor the servers 24 hours a day, 7 days
a week, 52 weeks a year.
- Late payment for support
services may result in suspended service.
- The Client can remotely
install any 3rd party software that they see fit to
optimize their site(s). If needed, the Client may
use Areza 's System Administration service to help
with the installation: The Client should then purchase
the software and send Areza the CD, or instructions
how to download, and license key. After we receive
both, Areza can install the software and mail back
any materials to the address provided. Areza does
not support any 3rd party software purchased or installed
by the Client.
Areza is committed to providing
reliable, high quality Services. However, in the event
of a network outage only (server hardware failure does
not apply in this situation see "network outage" definition
below for specifics) that is 1) due to a cause within
the Areza network and that 2) exceeds 60 contiguous
minutes, the Client may request one rebate of one full
week of credit for Internet services. The maximum credit
we will apply is £250 per month, and this offer is limited
to a once a calendar month frequency.
"60 continuous minutes"
means an unbroken sequence of 60 minutes of network
outage. "One rebate" means that a network outage of
60 contiguous minutes or longer entitles the eligible
customer to one rebate of one full week of credit on
Internet services. Example: if the network outage is
61 contiguous minutes, one rebate is allowed. In the
same scenario, if a network outage occurs for 180 contiguous
minutes the one rebate is only allowed.
"Network outage" means
an outage in which the Client is unable to connect to
its site but does not include planned outages, partial
outages or degradation of service due to high packet
loss or similar conditions which may be indicative of
the internet as a whole. A network outage does not include
equipment located on the customer premise, telephone
circuits between a POP and the Client location, or any
networks or network equipment not owned or controlled
by Areza .
"One full week's credit"
means one-fifth (1/5) of the Internet access service
fees at the customer's current monthly rate, exclusive
of pass-through circuit costs and value-added services
such as but not limited to labor, taxes, or local loops.
All claims under this policy must be submitted with
full details within 48 hours after the event that caused
the Network Outage.
Areza reserves the right
to change, amend, revise or revoke this Performance
Guarantee at any time.
Areza will provide the
Client with maintenance and support services. This will
not include services for problems arising out of tampering,
modification, alteration, or addition to the hardware
or software, which is undertaken by persons other than
Areza, or programs or hardware supplied by Client. The
Client shall document and promptly report all errors
or malfunctions to Areza.
The Client shall take all
steps necessary to carry out procedures for the rectification
of errors or malfunctions within a reasonable time after
such procedures have been received from Areza.
Areza limits its liability
to the extent permitted by law. If Areza cannot exclude
or limit any warranty implied by this law, this Agreement
shall be read and construed subject to such statutory
provisions.
Under no circumstances
will Areza and its related persons be liable to any
consequential, indirect, special, punitive, or incidental
damages, whether foreseeable or unforeseeable, based
on claims of the Clients or its Users, (including, but
not limited to, claims for loss of data, goodwill, profits,
use of money or use of the software, interruption in
use or availability of data, stoppage or other work
or impairment of other assets), arising out of breach
of implied warranty, breach of contract, misrepresentation,
negligence, strict liability in tort or otherwise, except
only in the case of personal injury where and to the
extent that applicable law prohibits exclusion of such
liability. In no event will the aggregate liability
which Areza and its related persons may incur in any
action or proceeding arising out of performance or non-performance
of this Agreement exceed the total amount actually paid
to Areza by the Client within one year preceding the
date the Client contends its claim arose.
Areza may substitute, change
or modify the hardware or software at any time, but
shall not thereby substantially alter the technical
parameters of the Services.
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