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Section 1

1. Definitions and interpretation

In these General Terms, the Internet Services Master Agreement (if concluded), the Services Specification, the Support and Service Level Schedule, the Order(s) and the LeaseWeb Policies, the following definitions shall have the following meanings:

Affiliate means, with regard to any entity, any other entity that (directly or indirectly) Controls, is Controlled by, or is under common Control with such entity.

Agreement means the Internet Services Master Agreement (if concluded) and/or each Order, including the LeaseWeb Policies, the Services Specification Support, the Service Level Schedule and
all other schedules thereto, pursuant to which LeaseWeb shall
provide certain (internet) services to Customer, which Services are indicated on the Order Form(s).

Bandwidth means the maximum amount of data that can be carried from one point to another in a second, expressed in bits of data per second (bps).

Basic Power means the limit that has been set for Customer’s use of electricity, on the basis of the Services Specification, as specified in the Order Form, measured in amperes

Business Day means Mondays to Fridays, with the exception of
official federal holidays in The United States.

Business Hours means the period between 08.30 hours and 17.30 hours on a Business Day.

Change Order Form means the document, in standard LeaseWeb layout, used by LeaseWeb to respond to a change request, as referred to in Section 5.

Colocated Equipment means Equipment owned by Customer that is from time to time installed by Customer at a LeaseWeb Datacenter pursuant to the Agreement.

Colocation Service means a non‐exclusive right to install and retain the Colocated Equipment in the Housing Space, granted by LeaseWeb to Customer with effect from the RFS Date for the duration of the Term.

Confidential Information means all information not publicly known used in or otherwise relating to the Agreement, the business or affairs of a Party or an Affiliate of such Party and disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by the Disclosing Party to the Receiving Party whether before or after the Effective Date, including but not limited to: (i) the provisions of this Agreement, (ii) any information
whatsoever with respect to the Equipment, software, and Services, (iii) the course of dealing between LeaseWeb and Customer hereunder, and (iv) all other non‐public information relating to the foregoing, including, but not limited to, user information
submitted through Customer's web forms, and the number of such web forms submitted.

Control means the possession of power, directly or indirectly, to direct or cause the direction of the management and policies of an entity, whether through ownership of voting rights, by contract or otherwise.

CPI means the US Consumer Price Index issued by the Bureau of Labor Statistics.

Customer means any natural person or legal entity that gives an assignment to LeaseWeb with respect to the provision of services by LeaseWeb.

Customer Portal means the online services portal operated by LeaseWeb Global Services B.V., available at or at an alternate website identified by LeaseWeb Global Services B.V.

Data Traffic means the sum of data that is transmitted to and from Customer’s Equipment, measured in Bytes.

Datacenter means a facility used to house computer systems and associated components, such as telecommunications and storage systems.

Dedicated Equipment means Equipment leased from time to time by Customer from LeaseWeb pursuant to the Agreement.

Delivery Date means the date on which LeaseWeb shall deliver the Equipment that is sold by LeaseWeb to Customer, as specified in the Order Form.

Disclosing Party means the Party that discloses Confidential Information to the Receiving Party, as referred to in Section 23.

Dispute means any claim, controversy, or dispute concerning questions of fact or law arising out of or relating to these General Terms or the Agreement or to the performance of either Party hereunder, or to the threatened, alleged or actual breach thereof by either Party.

Effective Date means (i) the date on which the Agreement becomes
effective and the Term commences, as specified in the Internet
Services Master Agreement (if concluded); and (ii) the date on
which an Order becomes effective and the Term commences, as
specified in Order Form.

Electricity Supply means the supply of electricity, which supplies will be charged by LeaseWeb to Customer, measured in kWh.

Emergency means any situation which poses an immediate risk to: (i) a person or persons; (ii) the LeaseWeb Datacenter; (iii) the provision of one or more of the Services; (iv) the Equipment; and/or (v) the provision of services by LeaseWeb to other

End User means any client of Customer or other user of Customer’s services, as well as any other person or (legal) entity who obtains access to Services via Customer.

Equipment means any equipment, including but not limited to: computer hardware, telecommunications hardware, Interconnection Points, accessories, attachments, alterations of
and spare parts for that equipment.

Facility Agreement means any lease, license and/or other agreement executed by and between LeaseWeb and a third party, further to which LeaseWeb is entitled to use a LeaseWeb Datacenter and to grant Customer a license to use the Housing Space within the LeaseWeb Datacenter.

Force Majeure means any event outside the reasonable control of a Party affecting its ability to perform any of its obligations (other than payment) under the Agreement, including: acts of God; acts of terrorists; acts of war; outbreak of hostilities; sabotage; civil disorder; riots; acts or demands of any (local) government or government agency; strikes or other labour unrest; fires; floods; earthquakes; storms; lightning, any interruption in the supply of electrical energy to the LeaseWeb Datacenter; restrictions related to an outbreak of disease (such as avian influenza viruses or the H1N1 flu); epidemics; shortage of materials; unavailability or delay in delivery not resulting from the responsible Party's failure to timely place orders therefore; equipment failures; lack of or delay in transportation; failure of a third party to grant a required right‐of‐way permit, assessment or other required authorization; acts or omissions of vendors or suppliers; changes in law or government policy; and other unforeseeable circumstances, provided however that Force Majeure shall not include any labour problems or strikes relating to the workforce of Customer or its suppliers or subcontractors.

General Terms means these terms and conditions, including the
preamble preceding Section 1.

Housing Space means the racks, footprints, cages, cabinets, suites and/or other areas, designated as such by LeaseWeb within the LeaseWeb Datacenter or in such other places which LeaseWeb may from time to time designate and specify in the Services Specification or the Order Form.

Initial Term means the Term for which the Agreement is initially entered into, as referred to in the Internet Services Master Agreement (if concluded) and specified in the Order Form.

Intellectual Property Rights means any patent, copyright, trademark, trade name, service mark, moral right, database right, trade secret, knowhow and any and all other intellectual property right whether registered or not or capable of registration and whether subsisting in the country of LeaseWeb’s principal place of business or any other part of the world together with any and all goodwill relating thereto.

Interconnection Point (IP) means a port on LeaseWeb’s switch and/or router and/or firewall and/or load balancer located in the LeaseWeb Datacenter, at which point data are transferred from LeaseWeb to Customer and at which point the responsibility regarding the Network transfers from LeaseWeb to Customer.

Internet Services Master Agreement means an agreement so entitled, signed and executed by LeaseWeb and Customer (if any).

LeaseWeb in relation to Service(s) and/or Equipment provided to Customer it means LeaseWeb USA, Inc., a Delaware Corporation, with its registered office at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, the United States of America; and in relation to the Customer Portal means LeaseWeb Global Services B.V., a private company with limited liability, incorporated under the laws of the Netherlands, with its registered seat at Amsterdam, the Netherlands.

LeaseWeb Datacenter means a datacenter out of which or within which LeaseWeb provides Services.

LeaseWeb Policies means the policies and guidelines applied from time to time by LeaseWeb in its relationship with Customer.

Maintenance means maintenance, repairs, modifications or upgrades performed by LeaseWeb from time to time on the Network.

Maintenance Window means the timeframe in which LeaseWeb schedules the performance of Maintenance. Unless specifically agreed otherwise in writing by the Parties, the Maintenance Window is every day, between the hours of 20:00 until 08:00 E(S)T, whereby LeaseWeb will preferably schedule Maintenance during the weekend between the hours of 01:00 until 06:00 E(S)T.

Network means the telecommunications network, which is comprised of all infrastructure Equipment (i.e Equipment that supports the flow and processing of information, including storage, servers and networking components) owned or leased by LeaseWeb within each active LeaseWeb POP or LeaseWeb’s Affiliate’s POP, all LeaseWeb wiring within each active LeaseWeb POP or active LeaseWeb’s Affiliate’s POP, power supplies owned or controlled by LeaseWeb in each POP, and all telecommunications circuits owned or leased by LeaseWeb between active LeaseWeb POPs or active POPs of LeaseWeb’s Affiliates. For the avoidance of doubt: the Network does not include Equipment owned, leased, or controlled by Customer, telecommunications circuits or networks (including, without limitation, local access loops) between a LeaseWeb POP and a Customer location or between Customer locations, interconnections between Customer’s network and the Network, or any networks, network equipment, or telecommunications circuits not owned or controlled by LeaseWeb.

Order means the agreement that comes into existence: (i) upon the written acceptance by Customer of a Quote; or (ii) in the manner specified in Sections 4.5, 4.6 and 4.7.

Order Form means the document, in standard LeaseWeb layout, in which LeaseWeb has itemized which Services and/or Equipment will be sold or given into use or lease by LeaseWeb to Customer,
including the prices, RFS Date, etc.

Parties means LeaseWeb and Customer, each a “Party”.

POP means a ‘point of presence’, i.e. an access point to the Internet.

Purchase Order means the document in which Customer has itemised which Services and/or Equipment it intends to purchase or lease from LeaseWeb.

Quote means any offer, quote, proposal and/or tender‐bid made by LeaseWeb.

Quote Sheet means the document, in standard LeaseWeb lay out, in which LeaseWeb specifies a Quote. A Quote Sheet shall be deemed an Order Form upon (written) acceptance of such Quote Sheet by

Receiving Party means the Party that receives – or is granted access to – Confidential Information by the Disclosing Party, as referred to in Section 23.

RFS Date means the ready for service date, i.e. the date as of which LeaseWeb enables Customer to use the Services for the first time, as specified in the Order Form, or in the case of a Colocation Services, the date as of which Customer is entitled to install the Colocated Equipment at the LeaseWeb Datacenter, as specified in the Order Form.

Service Charges means the charges, fees, costs and expenses payable under the Agreement by Customer to LeaseWeb for the provision of Services and the same arising out of Customer’s use of the Services, including recurring and non‐recurring charges, set forth in the Services Specification and the Order.

Service Credits means a credit, calculated in accordance with this Support and Service Level Schedule, applied to Customer’s account, and to be used as credit towards future invoices.

Service Disruption an interruption or degradation in the provision of one or more Services by LeaseWeb to Customer; provided that such interruption or degradation is not the result of an Excluded Event (as defined in the Support and Service Level Schedule).

Service Levels means the performance parameters with respect to the Services set forth in the Support and Service Level Schedule.

Services means the services to be provided by LeaseWeb to Customer, as agreed and specified in an Order Form.

Services Specification means the document in which LeaseWeb has set forth and specified the services offered by LeaseWeb, as well as the manner in which the services should be used, which document may be amended from time to time.

Support and Service Level Schedule means the document in which LeaseWeb has specified the available Service Levels, which document may be amended from time to time.

Term means the period for which the Agreement and/or an Order has been entered into, starting on the Effective Date.

Test means a trial or test performed on the Network in order to verify and ensure the proper performance thereof.

Web Order means the Order that comes into existence upon LeaseWeb’s acceptance of a Purchase Order that has been submitted by Customer to LeaseWeb by completing the online
purchase process on LeaseWeb’s website.

en/help_system/rules_leaseweb/obschie_uslovija/1._opredelenija_i_tolkovanija.txt · Last modified: 2015/01/27 11:08 by admin

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