**Terms and Conditions for Data Center Services – Dedicated Server and Colocation**
1. SERVICES
1.1 Colocation Services
Provider agrees to furnish the Client with superior colocation services for the housing and maintenance of Client’s servers within Provider’s state-of-the-art data center. The suite of services encompasses: Client acknowledges that the Facilities are subject to the terms and conditions outlined in this Agreement.
1.1.1 Rack Space: Allocation of dedicated rack space to ensure the secure placement of the Client’s servers.
1.1.2 Power Supply: Provision of a robust and dependable power supply infrastructure, customized to meet the specific needs of the Client’s server infrastructure, as specified in Exhibit A.
1.1.3 Network Connectivity: Delivery of high-speed, redundant, and fault-tolerant network connectivity, meticulously detailed in Exhibit A.
1.1.4 Cooling Facility: Implementation of an efficient cooling facility to maintain optimal operating conditions for the Client’s servers.
1.2 Payment Terms
The client acknowledges and agrees to the following billing terms:
1.2.1 Payment Due Date: The client shall make payments on or before the 5th day of each month, as mutually agreed upon.
1.2.2 Late Payment Fees: Failure to remit payment within 3 days of the due date will result in a 15% late fee, as delineated in Exhibit B.
1.3 Suspension of Service
In the event of non-payment, the Provider’s system will automatically initiate a suspension of services following a 7-day notice period, If payment remains incomplete after 7 days of the due date, the service will be temporarily suspended, effective immediately. The automated system will unsuspend services promptly upon the clearance of outstanding fees.
1.4 Abuse Handling
1.4.1 Abusive Mail Handling: In the event of reports regarding abusive mail originating from Client’s servers, Client undertakes to respond promptly and rectify the issue within a maximum timeframe of 12 hours from notification.
1.4.2 IP Abuse Responsibility: The client assumes full responsibility for any IP abuse associated with their servers.
1.4.3 Bandwidth Abuse: Strictly prohibited, Provider reserves the right to take necessary actions in cases of bandwidth abuse, including but not limited to bandwidth throttling or suspension of services.
1.4.4 Illegal and Abusive Content: We strictly prohibit the sharing, posting, or distribution of any illegal content, including but not limited to material that violates copyright laws or engages in phishing activities, on this network. Any abuse or violation of these terms will result in immediate suspension of network privileges. We are committed to maintaining a safe and lawful environment for all users, and we will take necessary action to ensure compliance with these regulations.
2. RULES AND REGULATIONS
2.1 VPN
The use of Virtual Private Networks (VPNs) & Proxy services within the colocation environment is expressly prohibited.
2.2 Abuse Responsibility
The client acknowledges and accepts full responsibility for any abuse originating from their servers. Provider retains the right to take requisite actions to mitigate abuse, with additional regulations implemented as deemed necessary.
2.2.1 Abuse handle
•If any abuse case is identified by the colocation user, they should handle it following law enforcement procedures.
•If the colocation provider receives any abuse cases, they will provide full information to law enforcement if required.
2.3 Compliance
Client agrees to adhere to all pertinent local, state, and federal laws and regulations governing the utilization of colocation services.
2.4 Verification
The colocation user should verify their clients by obtaining the necessary documents (such as NID, trade license, etc.) before providing services. They should ensure that all relevant information about the clients using the service is collected.
3. TERM AND TERMINATION
3.1 Term
This Agreement shall be effective as of the Effective Date and shall endure until terminated by either party under the terms herein, subject to renewal upon mutual consent.
3.2 Termination for Cause
Either party may terminate this Agreement for cause, following written notice and a cure period of 30 days in the event of a material breach by the other party.
4. CONFIDENTIALITY
4.1 Confidential Information
Both parties pledge to maintain the confidentiality of proprietary or confidential information exchanged during the term of this Agreement.
5. MISCELLANEOUS
5.1 Governing Law
This Agreement shall be governed by and construed under the laws of Bangladesh.
5.2 Amendments
No amendments to this Agreement shall be effective unless in writing and duly executed by authorized representatives of both parties.
6. Documentary Requirements: The colocation client agrees to furnish the following documents to the colocation service provider:
1. Valid Trade License
2. National ID card
3. Passport-sized photo
4. TIN License (optional)
Exhibit A: Colocation Service Details
1. RACK SPACE
1.1 Dedicated Rack Space: The Client is allocated a flexible number of rack units (U) within the Provider’s data center for securely housing their servers. This allows the Client the ability to easily upgrade or downgrade their rack unit space as their needs evolve.
1.2 Rack Configuration: The rack space is configured with special features, such as power distribution units and cable management.
1.3 Physical Security: The data center utilizes advanced physical security measures, such as biometric access controls, surveillance cameras, and on-site security personnel.
2. POWER SUPPLY
2.1 Power Allocation: The Client is provided with a dedicated power allocation as per their package to meet the power requirements of their servers. If any server consumes power exceeding the allocated package, a charge of 22,000 BDT per kilowatt will apply.
2.2 Redundancy: The power supply is equipped with backup generators, N+1 uninterruptible power supplies (UPS), and other necessary components to ensure uninterrupted service.
2.3 Power Monitoring: Continuous monitoring of power consumption is available to the Client for effective resource management.
3. NETWORK CONNECTIVITY
3.1 High-Speed Connectivity: The Client benefits from high-speed and redundant network connectivity, utilizing multiple Internet Service Providers (ISPs), to ensure optimal performance and reliability.
3.2 Internet Service Providers (ISPs): The data center is connected to multiple Tier-1 ISPs to provide diverse and resilient internet connectivity.
3.3 Network Security: Robust network security measures, including firewalls and intrusion detection/prevention systems, are implemented to safeguard against cyber threats.
4. AUTOMATED SYSTEMS
4.1 Billing System: The billing system is fully automated, streamlining invoicing, payment processing, and notifications.
4.2 Suspension and Unsuspension: In the event of payment delays, the automated system initiates a suspension of services after the date of the notice period. Services are automatically unsuspended upon payment clearance. For abuse issues, the system also manages suspension and unsuspension after abuse rectification.
5. SUPPORT SERVICES
5.1 24/7 Technical Support: The Client can access 24/7 technical support for prompt assistance with any issues or inquiries.
5.2 Remote Hands: The provider offers 2 hours of remote hands services for tasks per month such as server reboots, hardware replacements, and troubleshooting. After that per hour will be billed 25$
6. ADDITIONAL SERVICES (IF APPLICABLE)
6.1 Managed Services: Optionally, the Client can avail themselves of managed services, including server monitoring, backups, and security management.
6.2 Additional IP Addresses: Additional IP addresses can be provided upon request, subject to approval and availability.
EXHIBIT B: BILLING TERMS
1. PAYMENT SCHEDULE
1.1 Invoicing Frequency: The client agrees to be invoiced according to the agreed-upon schedule, which is [monthly/quarterly/semi-annually/annually].
1.2 Advance Payment: The Client shall make advance payments for the upcoming billing period. Invoices will be issued 7 days before the start of each billing cycle.
2. PREPAID SYSTEM
2.1 Prepayment: All services provided by the Provider are prepaid. The Client is required to make payments in advance for the upcoming billing period.
2.3 Late Payment: Failure to make prepayments by the due date will result in a temporary suspension of services, effective after a 7-day grace period from the due date. The automated system will initiate the suspension procedures during this period
3. LATE PAYMENT FEES
3.1 Late Payment Charges: Late payments are subject to late payment fees. The late payment fee is 15 % of the total invoice amount, accruing for each 3 days the payment is overdue.
3.2 Notice of Late Payment: The Client will receive a notice of late payment after 2 days of the due date, reminding them of the outstanding payment.
4. AUTOMATED BILLING SYSTEM
4.1 Fully Automated Billing: The billing system employed by the Provider is fully automated. The system automatically generates and manages invoices, payment processing, and late payment notifications.
4.2 No Manual Processes: The billing process has no manual intervention. All payment-related activities, including suspension and unsuspension, are automated for efficiency.
5. PAYMENT METHODS
5.1 Accepted Payment Methods: Payments are accepted through Bkash, Nagad, Credit card, Bank transfer, Bank Pay Cheque, etc.
5.2 Bank Charges: The Client is responsible for any bank charges or transaction fees associated with payments.
6. ADJUSTMENTS
6.1 Adjustments: Any adjustments to the billing, such as refunds or credits, will be made at the Provider’s discretion and communicated to the Client.
6.2 Notification of Adjustments: The Client will be notified in writing of any adjustments made to their account.
Wolast Technologies keeps the right to add a surcharge with the discussion if:
o POWER Rates are increased by the UTILITY
o DIESEL Fuel Rates are increased by GOVERNMENT
o If the GENERATOR Utilization exceeds an average of 4 hours per day in a Month.
*Date of Last Revision: 02/02/2024
Friday, August 4, 2023