Matthew Bloch, Bytemark Computer Consulting Ltd 1st January 2015

1. Principles of agreement

This agreement outlines the set of managed hosting services provided by Bytemark Computer Consulting Ltd ("Bytemark") to Bob’s Big eCommerce Ltd. ("the Customer") whose business concern is understood to be Selling widgets, sprockets and CDs online, largely to the UK.

The application(s) for which the Customer require hosting are understood to be The in-house 'ecommerce' application.

The Customer is ultimately responsible for ensuring that the services specified in this agreement meet their business requirements, and that failures do not have a disproportionate effect on their business.

Therefore by signing this, the Customer agrees that there are no circumstances in which Bytemark’s liability for material breaches of this agreement will exceed the total amount they pay Bytemark in consideration of this contract, including negligence.

The Customer’s attention is also drawn to the standard Overall limitation of liability which the Customer agrees is fair and complete compensation for potential lapses in service.

Finally, it is agreed that this agreement voids and replaces all previous hosting agreements between Bytemark Computer Consulting Ltd and Bob’s Big eCommerce Ltd..

Note
Text like this is explanatory to the agreement before signing, and do not form part of it.

2. Definitions

  1. "Bytemark", "we", "Us", "our" means Bytemark Computer Consulting Ltd, Novus Business Park, Opus Avenue, York, YO26 6BL, trading as "Bytemark Hosting".

  2. "Customer", "you", "your" means you, the person or persons in whose name(s) a service is maintained by Bytemark, i.e. Bob’s Big eCommerce Ltd..

  3. "Party" means either Bytemark or the Customer.

  4. "Server" means any virtual machine or dedicated Server offered by Bytemark.

  5. "Technical Contact" means a person or persons nominated by the Customer with whom Bytemark can discuss all matters of a technical nature relating to the Service.

  6. "Our network" means the combined functionality of all routing, switching, cabling equipment and interconnect agreements under Bytemark’s ownership or control.

  7. "Bootable" means the ability of a Server to start up from scratch (i.e. to power on) and begin running its normal functions without operator intervention within 10 minutes: i.e. hosting web sites, receiving email or whatever other function the Server has been set up to provide for the Customer.

  8. "Working hours" means 9.00am to 5.00pm, Monday to Friday, excluding English bank holidays (as defined by the UK Government Web site).

  9. The "application" or "applications" is a specific piece of software expected to be supported by Bytemark relating to a particular function of the Customer’s business activities.

  10. A "platform" is the set of software necessary to support an application, not specific to the client’s business, but intended to support a wide variety of possible applications.

3. Summary of services

3.1. Bytemark’s responsibilities

Bytemark agrees to perform the following services:

  1. Hosting of Servers listed in the Server specifications according to the specification in the Service Level Agreement.

  2. Move Customer’s application(s) from previous hosting environment as per the Migration agreement.

  3. Backups of all Servers as per the Backup agreement.

  4. Security updates as per the Security update agreement.

  5. Virtual machine management as per the Virtual machine management agreement

  6. Replication management services as per the Replication agreement.

  7. Monitoring of live services and response to failures as per the Monitoring agreement.

  8. Technical support services as per the Support agreement.

Servers not listed on this agreement will only be subject to the guarantees in the Service Level Agreement, and will not be backed up or supported.

3.2. The Customer’s responsibilities

The Customer agrees to:

  1. develop and select their application(s) in accordance with industry best practices;

  2. deploy their application(s) using methods agreed with Bytemark;

  3. provide a named Technical Contact who is authorised to make critical 24-hour decisions on matters of data integrity, uptime and deployment;

  4. take timely action on any advice or instruction provided by Bytemark to ensure the long-term maintainability of their hosting;

  5. avoid making any configuration changes to any Server without (at least) informing Bytemark.

Bytemark’s guarantees of up time, availability and failover may be compromised by any failure in those obligations.

In extremis, Bytemark reserve the right to terminate this agreement should the Customer not be able to cooperate in securing or maintaining their application.

The Customer furthermore agrees to pay all costs agreed in the Payment schedule and notes that all guarantees of service are suspended while invoices remain overdue.

4. Service specifications

4.1. Servers

Bytemark will provide:

  1. the following Servers as a production environment:

    • Dedicated Server bobsbig1: FS24, AMD Opteron 3280, 16GiB RAM, 1TB disc space, 240GB SSD space

    • Dedicated Server bobsbig2: FS24, AMD Opteron 3280, 16GiB RAM, 1TB disc space, 240GB SSD space

  2. the following specification of Server as a status and backup host:

    • Cloud Server, 1GiB RAM, 500GB disc space

Bytemark will maintain all these Servers to the standard of Bytemark’s Service Level Agreement.

Servers not listed here will only be subject to the guarantees in the Service Level Agreement, and will not be backed up or supported.

4.2. Network

Bytemark will also provide the following connectivity services:

  1. private VLAN for the Servers;

  2. firewalled gateway connection;

  3. 100Mbps or 1000Mbps connectivity to each Server, as specified;

  4. up to 2000GB of total traffic allowance across all Servers.

Network services will be provided according to the guarantees in the Service Level Agreements.

4.3. Guarantees against hardware failure

Bytemark have specified this setup to withstand the failure of any individual Server hardware, and warranty that up time of the Customer’s application will not be affected for more than an hour by such a failure. This warranty is subject to Bytemark and the Customer regularly reviewing performance such that the Servers specified are at least double the necessary capacity to run the live site. If the Customer does not commission enough capacity in accordance with Bytemark’s advice this warranty may be void.

4.4. Guarantees against data centre or site failure

Bytemark have specified this setup against failure of a whole data centre, and warranty that up time of the Customer’s application will not be affected for more than one hour by such a failure.

5. Term and cancellation

5.1. Dates of service

The services in this agreement are specified in terms of several important dates:

  • The effective date is the date at which this agreement is signed, and which all further obligations on both sides become due. Setup work will begin at this point.

  • The provisioning date is the date at which hardware is available to begin provisioning the Customer’s applications or platform, and initial software, and the first monthly fee becomes due.

  • The live date is the date at which the Customer’s application(s) are being used; before this date, the Servers are intended for testing use only.

  • The end date is the date at which hosting services will stop, if desired by the Customer, or on which the service will continue with a 90-day rolling notice period.

For this agreement,

  • The effective date is 1st January 2015

  • The provisioning date is 15th January 2015

  • The live date is forecast to be 1st February 2015

  • The end date is 15th January 2016

5.1.1. Hardware delays

The Customer acknowledges that the provisioning date may be subject to order dates being met by Bytemark’s Server suppliers. In the case where the order contains servers other than "Fixed spec" or "Cloud" servers, the Customer agrees that some extra delay may be possible.

In the event that the provisioning date is slipped by more than 28 days for such ordres, Bytemark allows the Customer a right to cancel the agreement by emailing Bytemark. In this instance all fees paid to date will be refunded, but no other damages will be payable by Bytemark.

In the event that the provisioning date is slipped by less than 28 days, the live date and end date will be moved on by the same delay.

If there are only "Cloud" and "Fixed spec" in the order, the Customer agrees to these same conditions for a reduced window of 7 days.

5.2. Renewal and rights after agreement end

Bytemark agree to continue service after the end date if neither the Customer or Bytemark does not indicate before the end date that they wish the services to cease.

After the end date has passed, the Customer agrees to give 90 days notice if they wish to cancel their services, effectively pushing the end date on by 90 days.

Bytemark promises to give the same 90 days notice of any increase in cost that will occur after the end date of the agreement.

If the Customer wishes to cancel, the hosting products will be removed from service on the end date and all data securely erased within 7 days.

Note
This guarantee forms a part of the agreement, effectively extending obligations for both parties past the end date.

5.3. Early cancellation

Neither the Customer nor Bytemark has any right of early cancellation in respect of this agreement, except under the following conditions:

  1. The Customer may cancel due to very late delivery of production hardware as per the Hardware delays clause; or

  2. Bytemark may cancel if any invoice falls overdue by more than 60 days; or

  3. either Party commits a breach of any of the terms of this Agreement (other than failure to pay any amounts due under this Agreement), which includes failing to meet the Services Levels and (if such a breach is remediable) fails to remedy that breach within 10 days of that Party being notified in writing of the breach; or

  4. one Party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement; or

  5. one Party is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or

  6. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other Party; or

  7. an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the other Party.

Note
These conditions are in addition to either party’s legal right to declare a agreement void in the case of a fundamental breach.

6. Payment schedule

6.1. Ordinary fees

The following fees are incurred by the Customer in signing this agreement:

  1. A setup fee of £1150.00 is payable for services in respect of setting up services to the provisioning date.

  2. A monthly fee of £410.00 is payable for services from the provisioning date to the end date.

Otherwise all fees are payable within 30 days of an invoice being issued as per the Standard Payment Terms.

Fees for services will not change before the end date, but further fees may become due if they fall under Excess charges.

6.2. Excess charges

All parts of this agreement are intended to be based around fixed costs.

The Customer acknowledges that network traffic usage above 2000GB per month, howsoever caused, will be liable to excess charges at £0.25 per gigabyte. Bytemark will not make such a charge exceeding 10% of the Customer’s monthly fee without consulting the Customer’s technical contact.

In cases where total usage is forecast to exceed 25% of the Customer’s monthly fee, Bytemark reserve the right to throttle network traffic or disconnect Servers where it does not have an assurance that excess charges will be met.

Some support requests and work as detailed under the Support agreement may incur excess charges at £115 per hour. Bytemark will not make such a charge without consulting with the Customer.

6.3. Temporary shutdown of services

Bytemark may need to shut down or curtail service to Customers' Servers in extraordinary circumstances:

  1. When significant excess bandwidth charges are likely to be incurred, and Bytemark cannot contact the Customer to verify the legitimacy of such traffic, or decide on a better plan to mitigate it, as per the Excess charges section (e.g. an incoming denial-of-service attack).

  2. When the Customer does not pay their bills, as per the Payment schedule.

  3. When any Server is compromised and is either:

    1. causing a major network problem (e.g. emitting large volumes of nuisance network traffic);

    2. likely to incur reputational damage to either Bytemark or the Customer (e.g. a defaced web site);

Where a temporary shutdown is necessary, Bytemark will use its best endeavours to contact the Customer beforehand, and to re-enable services as soon as possible after the problem has been rectified.

7. Intellectual property agreement

As part of this agreement, Bytemark may develop computer programs, scripts and other items of intellectual property specifically for running of the Customer’s applications.

Bytemark may also build its solutions from the pool of free software to which it does not own the copyright, but to which both it and the Customer are entitled to use.

Any scripts developed specifically for the Customer’s own Servers will be assigned to the Customer on the end date or when the contract has ended under any other circumstances, providing all payment terms of the agreement have been adhered to. Before that point, the copyright to the scripts is owned by Bytemark.

Any software developed during the course of the agreement but not necessarily for the Customer’s specific use will be given to the Customer with a copyright that allows the Customer to deploy and develop the software indefinitely.

Any other scripts, libraries or other dependencies used will be picked from the global pool of Free Software, to which neither Bytemark nor the Customer own the copyright, but which are available for free use and future alteration by both parties.

Bytemark will notify the Customer if any requested software (other than Microsoft’s) may be restricted in some way from free use outside of this agreement.

Bytemark will not knowingly violate or circumvent proprietary software licensing terms, and will refuse requests to do so.

8. Service level agreements for managed services

8.1. Migration agreement

Bytemark agree to migrate the Customer’s application from their previous hosting provider with as little down time as possible. In order to fulfil this, the Customer agrees to ensure that Bytemark have the following before the agreed provisioning date:

  1. full access to the Customer’s previous hosting environment, including root passwords to all Servers;

  2. full cooperation from any key staff at the Customer’s previous hosting environment.

The Customer agrees that as part of this work, they must validate a static copy of the application that Bytemark will make onto their new infrastructure.

Once the Customer has gone over every function of the application on Bytemark’s network, the Customer and Bytemark will agree a down time window where the live application will be taken down for the duration, and the end point of the application moved.

If further work is required on the application after it has been migrated (that the Customer did not catch during validation) the Customer agrees to pay Bytemark’s hourly rate of £115 for any further work that is required.

Otherwise the cost for this work is included in the setup fee of £1150.00.

The Customer acknowledges that undue delay to validating the static copy of their site will delay the live date.

8.2. Backup agreement

Bytemark will back up all Servers listed in the Server specifications to this standard:

  1. A remote copy will be taken once per day of the entire Server contents;

  2. MySQL and PostgreSQL instances will be "snapshotted" to ensure a consistent copy, other services only as advised by the Customer;

  3. Bytemark will permit the Customer read-only access to their backups;

  4. Bytemark will be able to restore any backed-up Server from these snapshots;

  5. Bytemark will monitor these backups for failures, and act on failures within 1 working day;

  6. The total backup space will be fixed at 500GB, and the number of backups automatically adjusted to fit in this space;

  7. Bytemark will contact the Customer within 2 working days if less than 7 full backups become available.

Any more detailed backup services will incur an extra charge.

Restores of any Server or data can be actioned on demand as per the Support Agreement, with the completion time dependent on the amount of data required.

8.3. Security update agreement

For all Servers listed in the Server specifications Bytemark will install security updates from the OS distributor - Debian, CentOS or Microsoft as appropriate.

Such security updates will be applied within 7 days of their release from the vendor, usually the next day.

Any live services that require security updates will be restarted at 1100 UK time, during working hours, without warning, unless the Customer requests it.

Any security updates that Bytemark deem particularly urgent or dangerous to the Customer’s applications will be patched on a 24-hour basis without warning, even where this may incur some brief down time unless the Customer has left the most explicit instructions that this should not happen.

The Customer acknowledges that any delay to installing security updates issued by the relevant OS vendor leaves their system open to compromise and potential extraordinary shutdown under the Temporary shutdowns clause.

Bytemark do not warrant or supply security updates for any web applications not supplied as part of the OS. This remains the Customer’s responsibility, and updates will be quoted for as chargeable extra work as per the Support agreement.

Bytemark do not take any other responsibility for security beyond applying updates to the base OS. Active vulnerability and penetration testing is not a service that Bytemark provide.

8.4. Monitoring agreement

Bytemark will monitor the Customer’s site 24 hours a day for failures. Such monitoring will be based on HTTP fetches of the Customer’s site.

Bytemark will advise shortly after the live date of any extra HTTP end points that they would advise setting up solely for monitoring purposes, and the Customer must implement these to ensure thorough coverage.

Bytemark will only monitor Servers from within its network. There may be outages relating to our core network but these will be dealt with in accordance with our Service Level Agreement.

Bytemark do not warranty that every possible outage of the Customer’s site will be caught from the outset. If the Customer informs Bytemark of an outage that was not covered by monitoring, Bytemark will make enough enquiries to ensure that a similar outage is caught by monitoring in future.

Monitoring is only intended to cover up time, and not performance. Therefore "flaps" will not be treated as urgent, though they will be logged for later inspection if they prove to be a service problem for the Customer.

8.5. Replication management agreement

Where the Customer has replicated services to ensure smooth failover, Bytemark agree to monitor the status of such replication tasks and ensure that they are running on a 24-hour basis. Replication services include:

  • MySQL master-slave connections;

  • PostgreSQL remote write-ahead logging / standby operation;

  • MS SQL Server standby operation;

  • Linux Distributed Replicated Block Device (DRBD);

  • gluster file system;

  • ad-hoc jobs to synchronise sets of files with rsync, unison.

Bytemark will treat failures of replication services as urgent faults and work to rectify them on a 24-hour basis.

8.6. Virtual machine management agreement

Some or all dedicated Servers on this agreement may be charged with running additional "virtual machines" (VMs). These are separate systems without an associated hardware component.

For virtual systems that are not listed on the Server specifications, the Customer agrees that Bytemark’s duties are restricted to:

  1. Creating, restarting and deleting such VMs on request under the Managed support agreement;

  2. Managing replication of VM backing stores as per the Replication agreement (where such replication has been set up);

  3. Arranging proper networking and IP addressing to Customer VMs; and

  4. Managing restarts of VMs.

Bytemark will not:

  1. log on to Customer VMs as part of this agreement, and work performed on Customer VMs is classified as Excluded work under the Managed support agreement;

  2. monitor URLs that have dependencies on Customer-controlled VMs.

If any VMs need monitoring or taking under Bytemark’s control, they will need to be treated as new requirements under the Excluded work clause.

8.7. Managed Support Agreement

8.7.1. Customer-initiated tickets

Bytemark agree to support the Customer to the fullest extent of their expertise, and spend up to 2 hours per month on answering any support questions that require logging on to any of the Customer’s Servers.

Such queries will receive an initial response within 4 working hours, unless marked as urgent in which case they will receive an initial response within 1 hour, 24 hours per day.

The Customer agrees that any queries answered outside of normal working hours will be measured by being rounded up to the nearest full hour.

Other queries that involve logging on to Servers will be measured by rounding up to the nearest 15 minutes.

If the Customer requires more hands-on support than 2 hours, Bytemark may make an extra charge after consulting with the Customer, otherwise the Customer may need to agree to defer that support until the next billing period.

8.7.2. Tickets initiated by monitoring failures

Where Bytemark are monitoring the Customer’s application under the Monitoring agreement, any failures will cause a response from Bytemark. These failures will be treated the same as Customer-initiated tickets, either resolved as urgent tickets within 1 working hour, or within 4 working hours for other problems.

Time spend dealing with monitoring failures will be accounted for in the same way as a Customer-initiated ticket.

The Customer agrees to inform Bytemark promptly of any monitoring that is no longer necessary, and Bytemark will let the Customer know on request what is currently being monitored.

8.7.3. Excluded work

The Customer acknowledges that their application’s dependencies are agreed at the time of signing this agreement, and that unplanned changes to this environment are major risks to the stability of their application.

Therefore if the Customer requires work on their Servers that involves a significant redeployment, this work will not fall into the quota of 2 monthly hours, and will always be quoted as a separate piece of work. A "significant redeployment" is one that involves risk of down time from a major change to Operating System, Database or other work that requires careful scheduling and a risk of needing a restore from backup if it goes wrong.

Bytemark will always endeavour to execute in-place upgrades where the Customer has tested newer dependencies and agrees to takes on the risk (both in terms of down time and unexpected chargeable work) that a rollback of software may be required.

Note
Where extra work is required, Bytemark will always offer to spread the cost across the remaining months of the agreement and/or extend the end date of the agreement to lower the monthly fee.

8.7.4. Contact points and response times

Support requests should be raised by email to the Customer’s address bobsbigecommerce@support.bytemark.co.uk or by telephone to 01904 890890 with all pertinent technical details.

Urgent queries should be sent by email to a different address: bobsbigecommerce-urgent@support.bytemark.co.uk.

The Customer must only mark queries as urgent where their application appears unavailable to its intended audience, or there is some other risk that requires immediate assessment and attention.

Initial response is an acknowledgement of the severity of a problem, and brief initial analysis.

Bytemark’s support team will send an initial response to normal queries within 4 working hours, or 1 hour (24 hours a day) if the query is marked as urgent.

Resolution of a ticket is where the problem is solved, or question is answered to both Bytemark and the Customer’s satisfaction.

Bytemark aim to resolve urgent tickets within 2 hours, and to resolve ordinary queries within 1 working day.

Outside of working hours, Bytemark’s answering service may receive calls instead of Bytemark staff. These queries will always be passed to an on-call engineer, who will honour the above response and resolution times.

9. Principles of system administration

The following clauses relate to "best practices" that Bytemark and the Customer agree to keep to in order to avoid inadvertent breaches.

Bytemark assume that all Servers may contain personal data subject to the UK Data Protection Act, and aim to treat all data in accordance with its principles on the Customer’s behalf.

The Customer warrants that particularly sensitive data willnot be stored on their Servers without further agreement with Bytemark. Specifically, but not limited to:

  • credit card data,

  • UK Government SECRET or TOP SECRET information,

  • or any other data subject to regulatory or legal restrictions on disclosure.

9.1. Confidentiality

Bytemark will not copy or transmit the Customer’s data outside of the Customer’s Servers and backup spaces without explicit authorisation from the Customer, except where extracts of such information will form part of an emailed support request. In such circumstances the data will be manually edited to remove anything presumed to be sensitive.

9.2. Access methods

Bytemark use exclusively secure access methods for controlling the Customer’s Servers: OpenSSH secure shell with public keys, Microsoft Remote Desktop or access methods with equivalent encryption so as to avoid transmitting Customer data unencrypted across the network.

9.3. Bytemark staff access

Bytemark staff will have access on the basis that they are part of the support team.

Each staff member will have a named user account created on the Server, and Bytemark will not share logins between staff such that individual access can be identified.

All Bytemark staff will have logged administrative access to the Customer’s Servers to allow fast and flexible handling of requests and changes the Customer may make.

9.4. Penetration testing

The Customer may perform penetration tests at their own expense after informing Bytemark.

10. Standard Service Level Agreement

This document describes the standard level of service that all hosting Customers can expect from Bytemark. It quantifies the levels of service that all Bytemark Customers can expect, and the remedies that Bytemark offer if it does not meet those service levels.

10.1. Overall limitation of liability

There are absolutely no circumstances in which Bytemark will:

  1. Guarantee a remedy for a non-material breach (pertaining to a minor or ancillary detail of this Agreement) that exceeds either a refund of 1/12th of a fee paid for annual hosting for an affected service, or a full monthly fee if the service is paid for monthly. This is referred to as the maximum monthly refund.

  2. Guarantee a remedy for a material breach of this Agreement that exceeds the full amount that the Customer has paid us in aggregate.

  3. Accept responsibility for consequential damages as a failure to meet the terms of this Service Level Agreement.

The Customer accepts these terms as fair and reasonable.

It is therefore the Customer’s responsibility to ensure that the consequences of any such failure are foreseen, and a suitable backup plan in place where there may be financial consequences of a failure.

Bytemark will always advise the Customer on contingencies to the best of our abilities.

Unless stated in a supplementary service level agreement, Bytemark offers no guarantees on the correct functioning of software installed on any hosting product, and it is entirely the Customer’s responsibility to maintain such software. This includes all standard security updates.

Bytemark temporarily suspends all guaranteed service levels for Customers who have not settled invoices within the agreed terms.

10.2. Core network

You can expect our core network to be available 100% of the time – that is to say that our infrastructure will provide two-way traffic from any other properly-routed internet IP address, to the IP addresses allocated to your hosting product(s).

We acknowledge that anything less than 100% is a lapse in the service level that you expect. On request we will refund 10% of the maximum monthly refund for every full 30-minute period that the network connectivity falls below this figure, accumulated during any consecutive 30-day period.

We exclude from this guarantee lapses in service where Bytemark cannot communicate with IP addresses from other organisations that are not properly routed at the time of the lapse; the following causes are examples of occasions where global IP addresses will end up as "improperly-routed" and excluded from our guarantee:

  1. another organisation misconfigures its peering arrangements with Bytemark, causing its IP addresses to become unrouteable;

  2. failure or major changes in routing by a global "tier 1" transit provider, even where Bytemark are not direct Customers of that provider;

  3. misconfiguration of a hosting product by the Customer.

Bytemark considers configuration of the core network one of its core duties to its Customers, and will always work to minimise the effects of external network disruption through redundant capacity, both internally and externally.

10.3. Hosting products (general)

All our guarantees on hosting are conditional on the Customer’s hosting product being properly configured and maintained. Specifically this means that:

  1. Bytemark must have a Technical Contact available, either the Customer or another party nominated by the Customer to make minor configuration changes at our request which may be necessary to facilitate smooth running of our network;

  2. your hosting product should not be "thrashing" (i.e. its memory should not be overloaded);

  3. your hosting product should be completely under your control, and not have been compromised by a third party; and

  4. your hosting product should not be blocked from responding to ICMP pings over its network interface.

If any problems arise with your hosting as a result of your hosting product not being maintained correctly, Bytemark cannot guarantee any particular availability or performance.

Bytemark may also need to perform maintenance on your hosting which we consider essential to the ongoing reliability of our network or hosting platforms, which we will warn you about at least 7 days in advance.

Such maintenance is excluded from any guarantees of availability where the Customer has been warned 7 days in advance.

Customers with managed agreements can expect Bytemark to undertake this configuration and maintenance as part of their fees. Other Customers must undertake this configuration themselves.

10.3.1. Dedicated Servers

These conditions apply to Customers who rent a dedicated Server from Bytemark.

You can expect your dedicated host to be available for 100% of the time unless it has suffered a hardware failure. If your host suffers a hardware failure which brings down your hosting completely, you can expect Bytemark to repair or replace the faulty part within 4 working hours of your reporting it to us, or 24 hours at the outset if the failure occurs outside of normal Working Hours.

If the hardware failure is not remedied within the stated times, we will refund 10% of your maximum monthly refund for every hour or part-hour that the host is not in a bootable state, up to a maximum of 100%.

Bytemark endeavour to spot hardware failures through various external checks on your Server, but we rely on you to inform us if you encounter problems, and will discuss any possible problems through our normal support channels. We do not consider the 4 hour (or 24 hour) replacement period to have started until the fault has been reported by the Customer, and correctly identified by Bytemark.

Customers with managed agreements can expect Bytemark to reliably monitor and take action on any hardware failure as part of their fees. Other Customers must undertake this monitoring themselves, and report failures promptly.

10.3.2. Cloud Servers

These conditions are specific to Cloud Servers.

You can expect your Cloud Servers to be available for 100% of the time – that is to say that once you start a virtual machine running, it won’t stop running due to hardware faults.

If there is a failure of a Cloud Server , providing the Customer’s machine was "properly configured" at the time of a failure, Bytemark will refund 10% of hosting fees for every full hour that it is down or unreachable. We define "down or unreachable" as either the system not running at all, or running slowly enough that a static web fetch of 5KB or less, or a one-line SSH banner return takes more than 20 seconds to return.

You can also expect that the Cloud Server API will be available 100% of the time, that is to say you should be able to issue requests to create, delete or alter the specification of virtual machines at any time.

If there is a failure of the Cloud Server API, we will refund 10% of your Cloud Server-related fees for every full hour that the service remains unavailable, or returning Server errors.

10.4. Standard Payment Terms

Invoices are delivered to the Customer by email on a monthly basis, and must be paid according to the terms printed on them.

These terms are usually:

  1. within 7 days (Customers with managed agreements can expect this period to be 30 days);

  2. by one of our approved payment methods:

    • by stored credit card;

    • by Paypal payment to payments@bytemark.co.uk;

    • by Faster Payments bank transfer to sort code 09-06-66, account number 40504649.

If any invoice is overdue by 2 weeks or more, all services on the Customer’s account may be suspended without further notice.

Bytemark endeavour to warn Customers by email of unpaid invoices, but it is the Customer’s responsibility to notify Bytemark of changes of email address, and to keep their email address monitored and working.

Customers with managed agreements can expect at least two telephone messages before any suspension will occur.

11. Signatures

This agreement is effective 1st January 2015

11.1. For and on behalf of Bob's Big eCommerce Ltd.

Robert

Date

11.2. For and on behalf of Bytemark Computer Consulting Ltd

Matthew Bloch

Date