This Colocation Addendum (the “Colocation Addendum”) is made a part of and incorporated into the Master Service Agreement (the “MSA”) between You and XMission. The Colocation Addendum governs XMission colocation services (the “Service”). To the extent there is any conflict between this Colocation Addendum and the MSA, this Colocation Addendum governs.
XMission will provide a secure, climate-controlled environment with power, cooling, and bandwidth, offering your company a reliable means of conducting business.
2.UPTIME GUARANTEE. XMission strives to provide 100% facility availability. You agree that the following governs the extent and quality of the Service guaranteed by XMission.
2.1 Optional Redundant Power. XMission provides delivery of AC power to You with redundant (A+B) available upon Your request and at an additional price. Redundancy is achieved by installing primary and redundant power circuits which allow for failover if either power circuit fails anywhere along the delivery path. You must ensure all colocated equipment is compatible with XMission’s power infrastructure and capable of utilizing dual power sources and equipment must be plugged directly into both the A and B power strips. Note that both A+B power feeds must go down to be considered an outage to qualify for SLA credit. Lastly, XMission is not responsible for outages due to “dirty” power from Your own equipment (e.g., faulty power supply).
2.2Optional Redundant Networking. XMission provides network redundancy upon Your request and at an additional price. Redundancy is achieved by connecting Your equipment to primary and redundant networking feeds and configuring them for failover. You must ensure all colocated equipment is compatible with XMission’s networking infrastructure and capable of utilizing dual networking (e.g., dual switches running LACP, VLAN, or BGP).
2.3Proactive Support Notification. XMission will contact You by email within two (2) hours of any Outage. Notification will be sent to the Primary Technical Contact provided by You in the XMission Master Service Agreement. A credit of one (1) day’s service will be given each time XMission fails to contact a customer within two (2) hours of an Outage in which the client has opened a ticket.
2.4Outages. Any facility outage resulting in downtime during which You have no access to power and/or networking for a period in excess of five (5) minutes will be deemed an Outage if it is the result of a failure of XMission’s infrastructure. An Outage shall be deemed to commence upon the opening of a trouble ticket with the XMission support team, and shall be deemed to terminate upon the closing of the same trouble ticket. An outage shall not be deemed to occur during routine scheduled maintenance for which You have been notified or upon the occurrence of an act outside of the control of XMission, such as loss of power at Your premises or an act of force of nature. Note that redundant power connections must be configured and fail to qualify for credit.
2.4.1Credit Qualification. Power Outages apply only to customers who subscribe for Redundant Power for which XMission charges an additional fee. No credit will be given unless You have provided reasonable assistance in an effort to cure the Outage. Reasonable assistance shall be deemed to include providing XMission access to Your premises or equipment if necessary or assisting XMission with problem identification and resolution via telephone or other reasonable means such as email.
2.4.2Credit. Any facility outage resulting in downtime during which You have no access to power and/or networking for a period in excess of five (5) minutes will be deemed an Outage if it is the result of a failure of XMission’s infrastructure. You will receive a credit equal to one day’s billing for the month in which such Outage occurred. In the event an Outage lasts longer than one hour, You will receive one day’s credit for each hour or prorated fraction thereof.
2.4.3In the event You experience one or more Outages in any calendar month, which in the aggregate exceeds eight (8) hours, You shall have the right to terminate the Master Service Agreement with XMission pursuant to section 11. Outages in excess of forty-eight (48) hours permits immediate termination without further term obligation.
2.4.4Obtaining Credit. All credits will be upon Your request only, and no credit will be made automatically. Credits may be applied cumulatively, but may never exceed one month’s billing in any calendar month.
In order to obtain a credit, You must notify XMission email@example.com
within thirty (30) days of the event(s) giving rise to the credit.
3.1General Disclaimers Inapplicable. GENERAL DISCLAIMERS OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SET FORTH IN THE MSA ARE NOT APPLICABLE TO AND SHALL NOT CONTRAVENE THE TERMS OF THIS ADDENDUM.
3.2Equipment Liability. You have sole responsibility to maintain, replace, and insure your equipment. You assume full responsibility for all damage to the equipment, including but not limited to damage as a result of vandalism, theft, water, storm, or destruction of the facility whether such destruction is caused by an act of God, fire, or any other reason. You understand that XMission shall have no liability whatsoever for damages to your equipment, except to the extent that such damages occur as a result of XMission’s fraud, willful misconduct, or negligence, and that XMission has no responsibility to insure your equipment.
4.1Power Usage. XMission’s Data Center is equipped with 20 Amp or 30 Amp, 120 V and 208 V electrical power service options. To conform to National Electrical Code (NEC) for peak power use and safety, maximum power usage is limited to 80% of the dedicated circuit value (e.g., 16 Amps on 20 Amp circuit). XMission audits client circuits to monitor usage and circuit condition. https://datacenter.xmission.com/
4.2Power Limitations. If more power is needed, additional power circuits must be purchased. Requests for additional power may be limited by cooling requirements, capacity, and power-to-footprint ratio guidelines as outlined. In some instances, it may be necessary for the client to purchase additional footprint to meet power needs. To avoid potential heat issues within cabinets, XMission maintains power usage limits: (1) Full Security Cabinet 8000 Watts or 48 Amps consumption @ 120 Volt; (2) Half Security Cabinet 4000 Watts or 24 Amps consumption @ 120 Volt; (3) Third Security Cabinet 3000 Watts or 24 Amps consumption @ 120 Volt; (4) Quarter Security Cabinet 2000 Watts or 16 Amps consumption @ 120 Volt;
4.3Overage Charges. While flat rate billed power and bandwidth options do not typically incur overages, the following overage charges may apply to your Service:
4.3.1If flat rate power consumption exceeds purchased amount, XMission, at its option, may upgrade Your account to a higher power level. Alternatively, You must upgrade the amount of power you are purchasing or lower your usage immediately.
4.3.2Customers that chose 95th percentile bandwidth billing, rather than flat rate, will be charged for monthly base fees, and separately billed for the overage amount on Your current or subsequent invoices. Instead of incurring overage charges, You may choose to upgrade their service for that month and the rest of the contract term.
4.3.3Use of Services. You agree that you will not operate your Equipment in any manner which interferes with the activities of any other person operating equipment and conducting activities at the facility. You will not use the space in any manner that will increase the risks covered by insurance on the facility, and/or result in an increase in the rate of insurance or a cancellation of any insurance policy. You also recognize and agree that you will be liable for any damages to property of XMission or other XMission customers, loss of life, or injury caused by the intentional or negligent acts of anyone you allow to access the Facility.
. When adding or removing equipment from XMission open rack space You must notify XMission sales
regarding the change. Failure to provide written notice may result with XMission billing the account at the higher rate back to the beginning of the contract term. Additionally, if You remove equipment and lessen the Rack Mount Unit (“RMU”) footprint, XMission will not automatically adjust account fees until You have provided notice of the modification. Upon notification, XMission will verify the changes and adjust the bill accordingly.
4.4.2Equipment During Default. If Your payment is past due by 30 days or more, XMission may disable networking. The only way to access Your equipment will be during standard business hours with an XMission employee escorting you to Your equipment. While Your account is in default, You are forbidden from removing equipment from the facility. Automated facility access will not be re-activated until the default is resolved. If Your account goes into arrears, You grant XMission the right to take possession of Your equipment and sell it at fair market value to offset amounts owed.