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Appendix 2 – Service Level Agreement

1. Cabinets and technical facilities

1.1 Smartdc provides to the customer the colocation services described in the colocation agreement.

1.2 Smartdc provides the following standard technical facilities:

• For each individual Full 46U Cabinet a 230 Volt/32A A feed;
• For each individual Half 22U Cabinet a 230 Volt/16A A feed;
• 24×7 fingerprint access control to the datacenter facilities and the colocation area(s).
• Internet access through the Smartdc Premium Network, including uplinks to the Smartdc Meet-Me-Room to connect to the Smartdc Premium Network.

1.3 The installation of the additional technical facilities agreed upon between the Parties may only take place following a written instruction from Smartdc to that effect.

2. Electrical power supply

2.1 Smartdc understands that non-stop availability of the services is key to customer, and will give great care to ensure uninterrupted power supply as far as reasonably possible.

2.2 Service level power availability: Critical Power on A feed (UPS power) average available 99.99% – and Short Break B feed average 99,9% each – over the period of a month. The non-stop availability is only guaranteed by Smartdc if customer agrees on both A feed and B feed per rack and proper use of PDU as instructed by Smartdc.

2.3 This Service level power availability will be measured over the period of a month. If the Service level power availability is not met, customer will be entitled to receive a crediting which will be subtracted from the monthly service costs. Announced maintenance, force majeure and outages deriving from a direct action
from customer will not be taken into account.

3. Cooling systems

3.1 Smartdc provides redundant cooling (N+1) per suite with enclosed hot and cold corridors for optimal use of cooling capacity.

3.2 Service level temperature: Smartdc maintains a cold corridor temperature of 24 degrees with a maximum deviation of 4 degrees per hour (minimum value 20 degrees, 28 degrees maximum value). The humidity is kept constant at 50%, with a maximum deviation (25% minimum value and 85% maximum value).

3.3 The SLA is valid in accordance with an outside temperature between minus 2 degrees Celsius and plus 32 degrees Celsius;

3.4 Smartdc will measure the air temperature at room temperature.

4. Network

4.1. Smartdc understands that non-stop availability of the network-services is key to customer, and will give great care to ensure uninterrupted network-services remain available as far as reasonably possible.

4.2. If network services are part of the colocation agreement, and customer chooses not to maintain their own network, the service level of network availability will be 99.9% (excluding customer-infrastructure)
if customer uses Layer 3. Layer 2 is not covered by this service level agreement.

4.3. This Service level network availability will be measured over the period of a month. If the Service level network availability is not met, customer will be entitled to receive a crediting which will be subtracted from the monthly network/bandwidth costs. Announced maintenance and force majeure and
outages following from a direct action from customer will not be taken into account.

4.4. The Service Level Agreement (SLA) is only applicable if the customers’ network configuration is set up redundantly and if they are active based on a Layer 3 connection to Smartdc network equipment. Otherwise, the SLA is not applicable. Customer is responsible for the proper configuration of
network connections on the Customer’s equipment. Customer may request Smartdc to provide remote hands at the prevailing rate. To configure the network connection the right way, Smartdc offers extensive documentation on the various configuration options.

5. Monthly availability

The uptime guarantee that Smartdc issues on colocation is 99.9%. The uptime guarantee is measured by calendar month. Calculation of the percentage of availability on a monthly basis is done according to the following formula:

(Days per month (30) x 24 hours x 60 minutes)
minus the total monthly disruptive service outages in minutes.
x 100
————————————————————————-
(Days per month (30) x 24 hours x 60 minutes)
minus maintenance minutes minus external factors

Interruption of service by communicated / scheduled maintenance or emergency maintenance, force majeure and outage due to the Customer failing to follow agreed procedures are included in the determination of the availability percentage as ‘external factors’.

6. Crediting

In case of unplanned downtime of Smartdc colocation services, and thus not achieving the agreed uptime guarantee, customer may obtain a one-time credit percentage of the monthly costs of the service. Customer has right to credit of the monthly service regarding the Smartdc services based on the following
table.

Usage-costs such as power will not be credited. Crediting is only applicable if the customers’ network configuration is set up redundantly based on a Layer 3 connection to the network equipment of Smartdc. Also, the customer needs to have at least two active and separate power feeds.To qualify for the credit claim, customer has to send a ticket through the Smartdc control panel. The expiration date on a claim is 5 days within the last day of the applicable month.

7. Emergency maintenance

Emergency maintenance is critical, short-term scheduled maintenance (e.g. critical firmware updates on our routers, etc.). These maintenance activities are of great importance for our complete performance and prevent unplanned downtime of the systems that make this SLA possible. Service interruption as a result of
emergency maintenance is not included in the crediting.

8. Notice

Scheduled maintenance that causes disruption of colocation services will be announced at least two weeks in advance by Smartdc. Customer receives a notice of Smartdc per ticket including an estimate of the anticipated duration of the work and the nature of the work and possible consequences for the purchased services by customer. Emergency Maintenance that causes disruption of colocation services, if known earlier, will be timely communicated to customer.

9. Contact

In case of failure in the colocation services, customers can contact their account manager or the support desk via the ticket system in Smartdc control panel. During office hours they can also be contacted through phone +31(0)10-890 0070 or outside of office hours through the 24/7 emergency line on +31(0)10-850 1115.

Datacenter regulations:

10. Obligations Smartdc

• As of the start date Smartdc shall provide the convened service to customer.
• Smartdc shall provide working space on behalf of placement and usage of customer’sequipment in the datacenter. Smartdc shall exert herself to keep the datacenter cabinets and equipment in good state. Smartdc has no obligations in regards to installation, maintenance or any other form of upkeep to the equipment of customer.
• Smartdc reserves the right to change the location of the datacenter and/or equipment cabinet(s). In the case of a change in datacenter location and/or equipment cabinet(s) Smartdc shall inform the customer in writing at least 2 months in advance. The parties shall consult together in order to reach an agreement in regards to moving customer’s equipment. customer shall ensure the moving and installation of customer’s equipment, on own account and risk, to the datacenter and/or equipment cabinet(s).
• Smartdc shall provide the Customer access to the datacenter and equipment cabinet(s) in order to install, remove or to conduct maintenance to customer’s equipment. Regardless of her other rights, Smartdc reserves the right to postpone the right of service and access to the datacenter, among others by immediately denying access to the service, in case customer is in breach of this contract.In the case of such a postponement Smartdc shall not be held responsible to any form of damage.

11. Obligations Customer

• Customer is responsible for any risk of loss, wear, deterioration or theft of its equipment.
• Customer is responsible for an own public liability insurance with a suitable insured sum in regards to its equipment and the use of the service for a minimum of the duration of this contract. Any costs associated with this insurance are the responsibility of customer.
• Access to the datacenter and datacenter-suite, in which customer’s equipment is located, is only granted in case said person is:
  • Customer or a registered and authorized contact of customer.
  • Registered at the datacenter and datacenter-security.
  • Willing to follow and submit to the access procedures and security regulations.
    It is not allowed, directly or indirectly, to move cables of which customer is not the owner, renter or lessee.
• Customer is only allowed to place its equipment in the equipment cabinets assigned by Smartdc and to do its maintenance in the by Smartdc assigned datacenter or datacenter-suite.
• Customer is only allowed to use the electricity facilities assigned by Smartdc. In the case of an interruption of this facility an Smartdc employee has to be notified immediately.
• Packaging materials of customer’s equipment have to be cleaned up and are not allowed to be left on the datacenter floor.
• Instructions by Smartdc employees and security officers have to be followed at all times.
• The placing of cables and wiring by or because of customer outside of the equipment cabinet(s) is only allowed after having received written permission by Smartdc.
• It is not allowed to bring inflammable, explosive, toxic or radioactive materials, acids or bases, or containers under gas pressure into the datacenter. Small quantities of detergents, for example to clean a computer monitor are allowed.
• It is not allowed to bring liquids inside of the secured area of the datacenter or datacentersuite.
• It is explicitly not allowed to smoke or use fire inside of the datacenter.
• It is not allowed to bring or consume food or drinks inside of the secured area of the datacenter or datacenter-suite.
• Customer is not allowed to enter area’s in the datacenter outside of the one where his own equipment is placed. It is explicitly forbidden to enter neighboring and secured computer rooms or suites.
• Access doors to the secured areas, excluding on entry, have to be closed at all times.
• It is not allowed to operate or move equipment of which customer is not the owner, renter or lessee.
• Customer shall not give, or partially give, this contract to any third party or parties unless Smartdc has given written permission in advance.
• Customer shall safeguard Smartdc against all claims of third parties for compensation of damage caused by the use of this service, the use of customer’ equipment and the presence thereof in the datacenter.
• Customer declares that, by using the service, he shall not infringe on the rights of Smartdc or third parties, shall not behave indecent or contrary to public policy or morality in regards to Smartdc or third parties and shall not incur any damage on (the property of) Smartdc or third parties.
• Customer agrees to comply with the Smartdc datacenter regulations. The Smartdc datacenter regulations are available at the datacenter and are sent as an appendix with the contract. Smartdc reserves the right to amend the Smartdc datacenter regulations at all times.
• If Smartdc supplied the customer with a double uplink for redundancy, the Service Level Agreement (SLA) only applies if the configuration of customer has been correctly configured so the redundant uplinks function in a redundant manner. Smartdc is not responsible for the configuration of the redundant uplinks within a setup done by customer.
• Network addresses (PA/PI space) announced by Smartdc in our network need to contain the white label abuse information of Smartdc. To properly manage these network addresses, we require that Smartdc is added as RIPE maintainer of the provided range (MNT-i3D and/orAS49544-MNT).

Appendix 3 – Protocol of access & authorized persons

1. Access rules for Authorized Persons

1.1 Access to the Smartdc co-location Area(s) in which Equipment of customer is co-located will only be granted if the contact person of customer is authorized and if the contact person designated by customer is registered at the reception desk, and will submit to the following access rules:

1.2 Access rules during Office Hours:

• The authorized employee of customer with PAC (Personal Access Card) may have access to facility of Smartdc without notice in advance.
• The authorized employee of customer without PAC reports at the reception desk, states the purpose of his or her visit and proves his or her identity with a valid ID;
• The authorized employee of customer shall register in the visitors’ register;
• The visitor’s badge provided by the reception desk must be worn visibly at all times;
• The access pass provided by the reception desk gives access to the protected Co- location Area(s).

1.3 Access rules outside Office Hours: For access outside Office Hours, the same rules apply as those for access during Office Hours indicated under Definitions.

1.4 When leaving the Smartdc co-location area, the authorized employee of customer shall return the visitor’s badge and the access pass at the reception desk (in case of departure during Office Hours) or at the security service (in case of departure outside Office Hours) and shall deregister from the visitors’ register

2. Access rules for third parties

2.1 Access to the Smartdc Co-location Area(s) in which customer Equipment of customer is housed shall only be granted to a third party called in by customer if:

• The employee of the third party may only be escorted by personnel of customer; or

2.2 Customer shall guarantee and ensure that the employees of third parties will comply with the access rules stated here below.

2.3 Access rules during Office Hours:

• The access rules applicable to authorized employees of customer, as specified under Article 1.2 (a) through (d), shall apply by analogy;
• The third party’s employee will be escorted by an employee of Smartdc or customer to the place where the work is to be performed;
• In the event that an employee of a third party is not escorted by an authorized employee of customer, he must have left the Smartdc co-location area by 18:00 hours at the latest unless the Customer has authorized the person by name.

2.4 Access rules outside Office Hours:

• For access outside Office Hours, the same rules apply as those for access during Office Hours, as indicated under Article 2.3(a) and (b), on the understanding that the third party’s employee must announce his arrival at least half an hour in advance by telephone to the security service (+31108501106/ +31108501115), stating a telephone number for purposes of verification of the authorization.

2.5 Access to the Smartdc co-location area shall only be granted if the third party is accompanied by an authorized employee of customer.

2.6 When leaving the Smartdc co-location area, the third party’s employee shall return the visitor’s badge and the access pass at the reception desk (in case of departure during Office Hours) or at the security service (in case of departure outside Office Hours) and shall deregister from the visitors’ register.

Appendix 4 – Rules of conduct and security

1. Rules of conduct

1.1 It is not permitted to bring highly inflammable substances, explosives, poisonous or radioactive substances, acids or bases, or containers with pressurized gas into the Smartdc facility. Small quantities of detergent, for example to clean a screen, are permitted.

1.2 It is not permitted to enter the Smartdc facility area when under the influence of alcohol or other inebriant or intoxicating substances that may influence a person’s motor system and/or state of mind.

1.3 Inside the Smartdc facility, visitors must behave in accordance with general standards of decency.

1.4 Visitors must use the shortest route to reach equipment of customer.

1.5 It is not permitted to bring any liquids into the protected co-location area.

1.6 It is not permitted to smoke or use open fire in the protected co-location area.

1.7 It is not permitted to bring and/or consume any food or drinks in the protected co-location area. Consumption is only permitted in the public space of the facility. It is permitted to use the coffee machine (free of charge) and the soft drinks machine (paid).

1.8 It is not permitted to stay in other co-location areas than those where equipment of customer is located. Entering the adjacent protected co-location areas is explicitly prohibited.

1.9 Entrance doors to protected co-location areas must always be closed, except when entering these rooms.

1.10 It is not permitted to operate or relocate equipment of which a person is not the owner or lessee.

1.11 It is not permitted to relocate cables, directly or indirectly, of which a person is not the owner or lessee.

1.12 Customer equipment may only be placed into the cabinet(s) designated by Smartdc, and work may only be performed to customer’s own equipment inside the co-location area designated for this purpose.

1.13 It is only permitted to use the power supply allocated by Smartdc. Any failures of this supply must be reported immediately to the reception desk or Smartdc’s employees.

1.14 Customer equipment or other equipment placed or used inside the Smartdc co-location area must meet the applicable Dutch norms for fire safety and electricity safety and electromagnetic shielding, including the ESD safety norms and requirements as established by ESD (Electrostatic Discharge Association).

1.15 In the course of installation, maintenance and operation of customer equipment, the installation and safety instructions of the manufacturer must be followed at all times.

1.16 Packaging material of customer equipment sent to Smartdc must be removed in the dispatch room(goods reception area) before installing the equipment in the Co-location Area. Such material can be left in the designated space of the facility, whereupon Smartdc shall take care of removal.

1.17 The instructions of Smartdc employees and security guards must always be followed.

1.18 Any installation of cables and wiring on or on behalf of customer outside the cabinets may only be performed by Smartdc personnel.

2. Security regulations

2.1 Upon entering the protected co-location area where equipment of customer is set up, the (presence and location of the) following items must be verified:

• Unbolting of doors;
• Fire detector;
• Fire extinguisher;
• Transparent warning sheets of the extinguishing gas installation;
• Alternative exit and escape route

2.2 The protected co-location areas at are equipped with smoke detectors as well as a fire extinguishing gas installation.

2.3 In case of smoke emission from customer equipment, it is obligatory to do or refrain from doing the following:

• Try to stop the smoke emission by switching off customer equipment;
• Never under any circumstances switch on again the defective customer equipment;
• Leave the protected co-location area and report at the reception desk

2.4 In case of a beginning fire, customer shall undertake the following actions:

• Break the cover glass of a red fire detector, which will alert the fire brigade, the security guard and/or the responsible Smartdc employee;
• Try to end a beginning fire by means of the fire extinguisher hanging beside the entrance door of the colocation area;
• In case it is not possible to extinguish a beginning fire, customer shall immediately go to the reception desk (without using the elevator), where customer shall await further instructions from the security guard and/or fire brigade and/or the responsible Smartdc employee;

2.5 In case of automatic fire detection, the fire brigade and the security guards will be alerted automatically and the fire extinguishing gas installation will be activated. In addition, the doors of all protected co-location Areas will be unbolted. Irrespective of the fact whether customer observes the fire himself, he will have to comply immediately with the following instructions:

• If the red warning light in the co-location area is on, this co-location area must be cleared immediately. The ao-location area will be filled up with extinguishing gas forcing out the oxygen!
• If the red warning light is on, this co-location area may not be entered under any circumstances.
• The illumination of the red warning light is accompanied by an acoustic alarm.

2.6 The Smartdc co-location area is equipped with electronic smoke detectors. In case of smoke detection, all swing doors in the building will be closed and an acoustic alarm will be activated. In addition, the doors of all protected rooms and emergency exits will be unbolted.

2.7 If the alarm is activated and the swing doors in the building are closed customer should:

• Leave the building immediately.

2.8 If customer detects any smoke emission or fire, he must immediately:

• Warn the reception desk (number +3110 850 1115);
• Leave the building.
• If the acoustic alarm goes off and the swing doors in the co-location area are automatically closed, customer must:
• Leave the building immediately.

2.9 Prevention of injury:

• Avoid all action or conduct that may lead to your own or another person’s injury;
• In case of increased risk of injury in the performance of work in the protected co- location area(s) please inform the reception desk or security service of this risk;
• If customer receives injury inside the Smartdc co-location area in the form of grazes, cuts or burns or contusions, he must report at once at the reception desk (number +3110 850 1106) where a First Aid kit can be found or customer can be referred to a company aid worker.

2.10 Risk of Electrocution

• Any work to equipment or circuitry involving the risk of contact with the mains voltage may exclusively be carried out by authorized persons according to the norm NEN 3140
• Electric shocks caused by mains voltage or electrostatic discharge must be reported to the reception desk immediately.