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Service agreement (COOLHOUSING)

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I.Parties to the Agreeement

Provider: COOLHOUSING s.r.o.
Address: Na Okraji 6, Praha 6, 162 00
Bank: IBAN: CZ5401000000511028170217
SWIFT: KOMBCZPP
Represented by: Ing. Karlem Umlaufem
entered in the Register of Companies at the Prague Municipal Court, section C, item 4766,
CO Id. 14893983, VAT reg.:CZ14893983
Data center: Vinohradská 190, Praha 3, 130 00
Client:

II. Recitals

  1. The content of agreement is connection of technical instruments for Customers (further as "server") to the Internet. In case of supplying services to more servers, this agreement is good for all servers, whose number and specifications are in appendix no.2 - Completion certificate.
  2. Server will be set in data center of Provider in zone of Stimbuilding, Vinohradská 190 (see map at http://mapa.coolhousing.net), which warrants entrance to the Internet.
  3. Provider covenants to provide to Customer within the range of this agreement, whose integral part are General terms of business Coolhousing, s.r.o. (farther as "GTB"), these services:
    1. Connection of Customer´s server to the Internet with protocol TCP/IP so that server can provide datal services national and also international.
    2. Distribution of one or more IP addresses from address space of Provider. In case of ending of the agreement validity the Customer is obliged to bring back without delay apportioned IP addresses. It is forbidden to propagate apportioned IP addresses in routing protocols of another provider of datal services.
    3. Physical server access.
    4. To provide standby staff of server f.e. for restart of server by request.

III.The Provider´s Rights and Obligations

  1. Provider is entitled for provided fulfillment to request the refund listed in this agreement in the form of invoice for services.
  2. Provider doesn't account for damage caused by Provider´s instruments borrowed by Customer for instalation or Customer's server administration (keyboard, monitor and other external instruments connected to server, measuring instruments and tools).
  3. Provider is entitled to switch off Customer's server from the net, if it has effect or it can have effect on threat of work another servers (f.e. by reason of bad net configuration, behaving of server by reason of its attack and others).
  4. Provider is entitled to set by the working of Customer's server in case, that Customer will send by means of provided services, unasked emails, so-called spam, or will transmit sending of unasked emails to third party.
  5. Provider is entitled to set by the working of Customer's server in case, that Customer presumes on connection to the Internet for offensive at foreign server ("DOS", "Smurf", "WinNuke", "LAND", "TearDrop", and so on), compromise of other connected subjects or watching and testing of foreign servers within the frame of the Internet.

IV. The Client´s Rights and Obligations

  1. Customer is obligated to add the server in standard closed design (mini, midi-tower, rack case and so on).
  2. Customer is obligated to obey rules for setting up and connecting the server to the net according to Provider's instructions.
  3. Customer is obligated to abide with this agreement, "GTC" and other eventually Provider's instructions and working conditions.
  4. Customer is obligated to pay eventual worses, which would be caused by its action in space of Provider, or by functioning its server to Provider or to third parties, who are in contracting with Provider.
  5. At the close of contractual relation the Customer is obligated to pay all commitments to Provider. Provider may refuse to release the Customer's server in case of not meeting all outstandings.
  6. Authorization in release of server will run in the same way as in claim for physical access to server during the contractual relation.

V. Server room admissinon

  1. Only authorised persons of the Client, whose list and number forms an integral part of this Agreement, are entitled to server room admission.
  2. Connditions for server room admissions are formulated on Provider´s websites in actual price list.
  3. Off office hours (except Mo-F,8:00 am - 8:00 pm) server room admission has to be announced in advance to the Provider´s client support staff who will authorise the Client. Even if the Client fails to arrive, a fee can be charged in a volume equal to that chaged if the Client turned up.
  4. The restart of server may be claimed by competent persons listed in appendix of this agreement. Each of the person has to authorize to workers of helpdesk.
  5. Contact details on helpdesk:
    Tel.: 777 31 00 00, email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

VI.Terms of payment

  1. In case of not paying an invoice in time, the Provider is entitled to shut down the working of server till time of paying an invoice including penalty.
  2. Maturity of an invoice is 14 calendar days. Date of maturity is date of receipt of payment on Provider's bank account.
  3. In case of Customer's delay, the Provider is entitled to claim, except back log, also interest on late payment in an amount 0,1% from ammount due per each day of delay. In moment of creation right to payment of interest on late payment, it comes up to Provider the right to deny the net access to Customer, till the time of payment the ammount due.
  4. In case of not paying an invoice for rendered services till the time of 3 months from date of maturity of an invoice, the Provider is entitled to use Customer's server for payment of debt (f.e. to sell the server).

VII. Common and final provisions

  1. This agreement is concluded for indefinite period.
  2. Agreement can be canceled by notice of cancellation or by avoidance of a contract. Cancellation takes 3 months and starts first day of following month after month whereof the cancellation was forwarded to one of contracting party by registered letter.
  3. It is possible to back out of agreement in case of its elemental infraction, whereas elemental infraction will be namely delay of payment. Elemental infraction will be also gross violation of obligations consequent on this agreement or on "GTB".
  4. Customer agrees to induction of his business name as the reference in Provider's marketing materials.
  5. This agreement is made out in two copies, one of which gets contracting party. Agreement assumes the acceptance with effect from date of sign by both contracting parties.

 

Supplements:

  1. List of the Client´s authorised Persons
  2. Certificate of Delivery
  3. General Business Conditions and actual price list (only on http://www.coolhousing.net)
 
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