Installation time:

Aqua Ray will agree with the customer on a provision date for the seting up of the service, according to the order contracted. If Aqua Ray does not respect the provision date agreed upon, the customer will obtain assets calculated in accordance with the present document.
If only one part of the order is delayed, the assets will apply only for the services involved.
The assets will be deduced from the total amount of the first quarterly invoice of the customer and will be calculated as follows:

All our customers benefit from contractual guarantees. We know that the datas we host are crucial for your projects. Let us keep the responsability of your datas and sleep quiet.

: SLA

Cases of non-payment of the assets of setup delay:

The fault or negligence is due to the customer, his employees or its subcontractors
Any violation of the contractual conditions defined between Aqua Ray and the customer
A breakdown or any other problem involved by the customer's side equipment(s)
Any event described in the clause of causes beyond control, such as defined in the contract between Aqua Ray and the customer
The refusal of customer to give to Aqua Ray access to all the equipment afterAqua Ray requested it
The refusal of customer to give to Aqua Ray information required for the setup of the services ordered

Band-width service availability:

Aqua Ray guarantees 99.9% of band-width service availability
Band-width service is considered as “available” when the customer can send and receive data towards and from Aqua Ray's network
Band-width service is considered as “inalienable” when:
a) The Customer cannot send and/or receive data from Aqua Ray's network
b) Time interruption is higher than 10 minutes
c) The interruption was not planned 48h before or due to maintenance
To calculate the band-width service availability, Aqua Ray will deduce from the number of hours of the period of quarterly invoicing, the round duration per hour nearest to unavailability of the period of corresponding quarterly invoicing.
If it happened that the band-width service availability is lower than 99,9% during the period of quarterly invoicing, the Customer will profit from assets calculated starting from the quarterly price applicable to the Customer.

Assets calculation of the band-width service:

When one period of quarterly invoicing does not cover a complete month, assets calculation of the band-width service will be done with prorata temporis
Assets calculation of the band-width service are calculated quarterly
If band-width service is cancelled during one period of monthly invoicing, none asset will be payable with regard to this service for this period of invoicing

Case of non payment of band-width assets:

Aqua Ray will not pay to the Customer the applicable assets in case of non-observance of the availability of the band-width service when services breakdowns or services interruptions are caused by :
Fault or negligence of the customer, his employees or subcontractors
Violation of the by contract defined conditions
Any event of cause beyond control such as defines by contract
The refusal of the Customer to give access to Aqua Ray's personnel to his equipment
Maintenance during a programmed interruption having been the subject of a warning 48h as a preliminary

Recovery time:

Aqua Ray guaranteed a time for recovery (GTR) of 4 hours for any event causing the unavailability of band-width service subscribed by the customer
Recovery time run when Aqua Ray was informed of unavailability in accordance with article 5 of present, it is completed when the service is again available
Except request of the Customer, Aqua Ray will inform every half-hour the Customer of advanced re-establishment of the service by email or phone
In the event of the nonrespect recovery time, the Customer will profit from an asset of 5% of the amount of his quarterly invoicing per hour to have started beyond the guaranteed recovery time
Assets related to nonthe respect of the recovery time are calculated quarterly
Assets amout are related to the recovery time cannot exceed the quarterly amount invoiced to the customer

Aqua Ray will not pay to the Customer the applicable assets in case of non-observance of the availability of the band-width service when services breakdowns or services interruptions are caused by :
Fault or negligence of the customer, his employees or subcontractors
Violation of the by contract defined conditions
Any event of cause beyond control such as defines by contract
The refusal of the Customer to give access to Aqua Ray's personnel to his equipment
Maintenance during a programmed interruption having been the subject of a warning 48h as a preliminary

Hosting services guarantees (Interxion UK datacenter):

Any electric incident, causing an electric cut generalized on the whole of Interxion data-center, is the object of a 100% asset of the quarterly invoicing of hosting service of Client infrastructure
Any incident of air-conditioning, causing a temperature higher than 26°C in the servers room is the object of a 100% asset of the quarterly invoicing of hosting service of Client infrastructures

Interruption of description:

Any suspected interruption must be announced to the technical Aqua Ray's buildings by phone (+33 170809750). The Customer must clearly give interruption detail to the engineering departments. The exact duration time of the interruption will be the time passed between the recording of the interruption announced by the customer to the engineering department and the start-up

Responsability:

The assets described in this contract will only represent and exclusive compensation offered to the customer. Aqua Ray does not accept any responsibility with regard to the customer