Algemene Voorwaarden
De algemene voorwaarden & Op elke overeenkomst tussen Smartdc B.V. en onze klanten zijn de voorwaarden van Smartdc B.V. van toepassing.
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Home › Juridische informatie › Algemene Voorwaarden
Een colocatieovereenkomst bestaat uit de volgende bepalingen en documenten die integraal onderdeel uitmaken van de overeenkomst:
Download hier onze Algemene Voorwaarden.
1.1 Smartdc provides to the customer the colocation services described in the colocation agreement.
1.2 Smartdc provides the following standard technical facilities:
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.
2.1 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.
3.1 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.
4.1. 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.
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’.
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.
Realized monthly uptime | Crediting (% of monthly costs as agreed upon) |
100% – 99,9% | 0% |
99,89% – 99,7% | 10% |
99,69% – 99,5% | 15% |
99,49% – 99,2% | 20% |
>99,2% | 25% |
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.
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.
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.
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.
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:
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
2.1 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:
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:
2.4 Access rules outside Office Hours:
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.
To colocation agreement
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.
1.19 Customers are responsible for the disposal of all shipping materials and other waste brought to the Smartdc datacenter, whether inside or outside the facility. Waste can be discarded in designated locations within Smartdc datacenters. Electronic waste must not be discarded in or around Smartdc; rather, all electronic waste must be taken away by the Customer to a licensed collection center. Waste disposal can also be arranged via Smartdc Basic remote hands service for the standard hourly rate charge.
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:
2.2 The protected co-location areas 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:
2.4 In case of a beginning fire, customer shall undertake the following actions:
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:
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:
2.8 If customer detects any smoke emission or fire, he must immediately:
2.9 Prevention of injury:
2.10 Risk of Electrocution