Below is described the whole conditions of commercial compensations related to nonthe respect engagements of Aqua Ray for the following services:
- Infrastructure hosting
- Availability of the bandwidth services of Transit Internet
- Re-establishment times respect of the bandwidth services and Transit Internet
- Installation respect times.

1. Installation time

- Aqua Ray will provide a provision date agreed for the installation of the service ordered by the customer. If Aqua Ray does not respect the provision date agreed upon, the customer will obtain assets calculated in accordance with the present clause;
- If only one part of the order is subject of a delay, the assets will apply only for the services which do not have been placed at the disposal of the customer at the agreed date;
- The assets will be deduced from the total amount of the first quarterly invoice of the customer and will be calculated in the following way:

Case of non-payment of the assets of installation delay:

- The fault or negligence of the customer, his employees or its subcontractors;
- Any violation of the contractual conditions definite between Aqua Ray and the Customer;
- A breakdown or any other problem involved in Customer side equipment(s);
- Any event describes in the clause of the 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 after Aqua Ray requested it;
- The refusal of Customer to give to Aqua Ray necessary information to the service installation ordered.

2. Band-width service availability

- Aqua Ray guaranteed 99.9% of band-width service availability.
- Band-width service is known as “available” when the Customer can transmit and receive data towards and from the Aqua Ray network.
- Band-width service is known as “inalienable” when:
- a) The Customer cannot transmit and/or receive data of Aqua Ray network;
- b) Time interruption is higher than 10 minutes;
- c) The interruption was not the subject of a maintenance warning 48h as a preliminary;
- 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 nonpayment 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.

3. 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.

4. 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 infrastructures.
- 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.

5. 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.

6. 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.