Internet
Technologies
Angola, S.A.
Technologies
Angola, S.A.
Internet
Technologies
Angola, S.A.
Technologies
Angola, S.A.
Internet
Technologies
Angola, S.A.
Technologies
Angola, S.A.
1.1 “System Resources” means the CPU (Processor), Memory (RAM), disk storage, and network adapter (NIC) used by a device, regardless of whether these components or the device are physical or virtualized.
1.2 “Private IP address” means an IPv4 address that is part of the private IP address space, as defined by IETF standard RFC 1918. This IP address is not directly accessible from the Internet.
1.3 “Public IP Address” means an IPv4 address that is not part of the private IP address space as defined by IETF RFC 1918. This IP address is directly accessible from the Internet.
1.4 “Service Availability” means the ability of the Service to function as agreed in this agreement.
1.5 “Dependent Infrastructure” means any infrastructure owned, leased, and/or managed by Internet Technologies Angola, S.A. on which the Service provided to the Customer depends in order to ensure the Availability of the Service.
1.6. “Datacenter Internet Technologies Angola, S.A.” means any data center it uses, regardless of the ownership of the data center.
1.7. “Primary Data Center” means the data center from which the Services are normally located and accessible.
1.8 “DR Data Center” or “Disaster Recovery Data Center” means a physically separate data center to which the Services can be relocated and made available if the Primary Data Center is not operational.
1.9“Service Request”means any request for support from the Customer to investigate a technical fault or to carry out configuration changes in relation to theInternet Technologies Angola, S.A. Services of which the Customer makes use.
1.10. “Response Time” means the period of time between Internet Technologies Angola, S.A. receiving a Service Request from the Customer and responding to it, for the purpose of remedying the fault or making changes to the configuration.
1.11. “Resolution Time” means the period of time between a Service Request reported by the Customer and the moment when Service Availability has been restored or the requested configuration changes have been implemented.
2.1 Internet Technologies Angola, S.A. and the CLIENT agree that this Agreement shall remain in force for an INITIAL minimum period of five (5) years from the date of activation of the various services described in the Special Conditions, which form an integral part thereof.
2.2 During the "Activation Period," understood as the period between the date of signing the Service Agreement and the date of activation of the services, the customer may not terminate this Agreement.
2.3 After the initial minimum period of five (5) years, this Agreement shall be renewed successively and automatically for periods of two (2) years, unless either party terminates it by giving written notice to Internet Technologies Angola, S.A. sent to the other party by email or registered letter, 180 (one hundred and eighty) days prior to the end of the INITIAL period or any of the successive renewals.
2.4 Whenever the CLIENT contracts new services that involve the conclusion of one or more new Service Agreements with Internet Technologies Angola, S.A., the new agreements shall remain independent and shall be governed autonomously in relation to this Service Agreement.
3.1. Internet Technologies Angola, S.A. will issue invoices in advance for the periods of provision of the contracted services. Payments must be received within 30 days of the invoice date.
3.2 The CLIENT shall be responsible for paying the one-time installation fee, which shall be paid together with the amount corresponding to the contracted services, as per the initial invoice to be issued by Internet Technologies Angola, S.A. under this contract. Subsequent invoices shall always be issued and paid in advance and shall relate to the period beginning in the month following the date of issue.
3.3 The price of the Services is defined in the Special Conditions of the Contract.
3.4 Internet Technologies Angola, S.A. reserves the right to charge interest on all overdue invoices. Interest will be charged at a rate of 12% per annum. Interest will be calculated daily and charged from the invoice due date until the date of full settlement of the respective payment (both days excluded).
3.5. The prices set out in the specific conditions may be updated from January 1 of each year of the contract's validity, in accordance with the Consumer Price Index (CPI) accumulated annually, published by official bodies. The new prices will be applied to the CUSTOMER 30 days after their communication.
4.1. Both parties agree that the costs of VPN (Virtual Private Network) and International Broadband services are calculated differently. The parties acknowledge that VPN services do not include International Broadband. [International Broadband refers specifically to Internet Connection, International VPN, or any other specified service].
4.2 If the parties, at any time during the term of this Agreement, agree to install or integrate international broadband into the service, such Service Agreement shall only become effective after it has been drafted and signed by both parties.
5.1. The Customer acknowledges that Internet Technologies Angola, S.A. cannot exercise control over the content of information circulating on the network, and Internet Technologies Angola, S.A. is excluded from any liability for the transmission or reception by the Customer, or by its customers, of any type of illegal information.
5.2 The Customer undertakes to indemnify and hold Internet Technologies Angola, S.A. harmless from any action brought by third parties alleging that the Customer's use of the network has violated any intellectual property rights of any kind, or any Angolan or international law or regulation. The Customer shall inform Internet Technologies Angola, S.A. whenever such actions occur, and shall not restrict Internet Technologies Angola, S.A. from exercising any rights in its defense, settling, or taking any other measures it deems in its interest.
5.3 The Customer may use the Internet Technologies Angola, S.A. network to connect to other networks around the world and the Customer undertakes to observe the acceptable policies for the use of these networks. In addition, the Customer undertakes to comply with the Internet protocols and standards defined in RFC1009, RFC1122, RFC1123, and RFC1250, as well as other appropriate protocols and standards that may arise in the future. The RFC documents mentioned above can be consulted at www.rfc.net. If the Customer fails to comply with RFC standards, Internet Technologies Angola, S.A. will notify the Customer and the parties will cooperate to resolve the problem. If the parties are unable to resolve the problem within a reasonable time and the Internet Technologies Angola, S.A. network is threatened, Internet Technologies Angola, S.A. may suspend the service until the problem is resolved. During this suspension period, the Customer will not be responsible for paying the respective fees. Suspension of service will only be used as a last resort. If the Customer fails to comply with these acceptable use policies, Internet Technologies Angola, S.A. will inform the Customer of this fact by written notice to be complied with within 14 days.
5.4 The Customer may not use the Internet Technologies Angola, S.A. network in a reckless manner, to the detriment of Internet Technologies Angola, S.A. or the customers of Internet Technologies Angola, S.A. [This occurs whenever the Customer continuously exceeds their contracted bandwidth by more than 50% for a period of one hour, in the case of "Limited Bandwidth." "Limited Bandwidth" means that Internet Technologies Angola, S.A. does not allow the customer to exceed the contracted bandwidth]. In this case, Internet Technologies Angola, S.A. will inform the Customer and the parties will cooperate to resolve the problem. If the parties are unable to resolve the problem within a reasonable time and the Internet Technologies Angola, S.A. network is threatened, Internet Technologies Angola, S.A. may limit the service to the contracted bandwidth until the problem is satisfactorily resolved.
5.5 Internet Technologies Angola, S.A. may allow burst traffic if and when requested by the Customer. Traffic is not considered burst traffic if, for a consecutive period of 4 business days, the average during normal hours (7:00 a.m. to 6:00 p.m.) exceeds the contracted bandwidth by at least 50%. If this occurs, the Customer will be charged for the higher bandwidth for the indicated period and will be asked to update the contract. Internet Technologies Angola, S.A. will notify the Customer if the bandwidth is exceeded in this way for a period of 3 consecutive business days. In this case, the Customer will have the option to instruct Internet Technologies Angola, S.A. to limit the bandwidth to the contracted level. If the Customer chooses this option, they will not be charged for the higher bandwidth and will not be required to update the contract.
6.1 Colocation or Equipment Hosting is the service that provides the physical space and all the necessary infrastructure for hosting, storing, and operating application servers and telecommunications equipment for Internet Technologies Angola, S.A. customers.
6.2 Internet Technologies Angola, S.A. will provide a Colocation environment at the Internet Technologies Angola, S.A. Data Center that meets internationally accepted standards for physical security, link redundancy, environmental and physical conditions, including raised floors, air conditioning, and alternative power sources for the equipment housed there.
6.3 The management and maintenance of the hosted equipment, namely the installation, maintenance, updating, application of corrective patches, or any other type of necessary update, shall be the sole responsibility of the Customer, with no joint responsibility for the administration of the equipment hosted at the Internet Technologies Angola, S.A. Data Center.
6.4 Software licenses, including antivirus licenses, for the equipment hosted under this agreement shall be the responsibility of the Customer.
6.5 It is the sole responsibility of the Customer to configure, monitor, and maintain, preventively or correctively, the equipment owned by them and housed in the Internet Technologies Angola, S.A. Data Center, as well as to ensure its correct installation, updating, repair, compatibility, and proper functioning during the term of this Agreement.
6.6 The Customer is solely responsible for performing backup routines for data and other information contained in the hosted equipment.
6.7 The Customer undertakes to configure their equipment and/or the equipment of Internet Technologies Angola, S.A. made available to them, to always operate in accordance with the manufacturer's specifications, such as adequate voltage, power consumption, and other operating conditions.
6.8. The entry and exit of any equipment into the Internet Technologies Angola, S.A. Data Center must be preceded by an email notification to:
datacenter@paratus.ao at least 48 hours in advance.
6.9 In the case of equipment received, the customer must contact the Data Center Management Department to register its serial number and fill out the equipment identification form.
6.10. Whenever the hosted equipment is removed or altered by the Customer, the latter undertakes to inform the Data Center Management team of Internet Technologies Angola, S.A., so that it can record the removal of the equipment, by email to datacenter@paratus.ao, at least 48 hours in advance, and to comply with the necessary procedures for leaving the building.
6.11. Any hosted equipment that is proven to be compromising the operation of the Internet Technologies Angola, S.A. network may be disconnected, and the customer will be informed so that the necessary corrective measures can be taken. Once the problem has been resolved, the equipment in question will be reconnected and its operation monitored.
6.12. Whenever the Customer detects anomalies in their equipment that may affect the security of the Internet Technologies Angola, S.A. network, they undertake to immediately report this fact to Internet Technologies Angola, S.A.
6.13. The Customer undertakes to provide Internet Technologies Angola, S.A. with the contact telephone numbers and names of the technicians to be contacted in the event of an anomaly occurring in the hosted equipment.
6.14. The Customer undertakes to provide a list of persons authorized to access the Internet Technologies Angola, S.A. Data Center, and persons who are not duly authorized will not be permitted to enter.
6.15. Access to the Internet Technologies Angola, S.A. Data Center is subject to prior identification by Internet Technologies Angola, S.A. of persons authorized by the Customer.
6.16 Persons authorized by the Client shall always be accompanied by a technician from Internet Technologies Angola, S.A. during their visit to the Internet Technologies Angola, S.A. data centers.
6.17. Visits to the Internet Technologies Angola, S.A. Data Center must be requested in advance from the Internet Technologies Angola, S.A. management team, via email to datacenter@paratus.ao, at least 48 hours in advance. Visits to Internet Technologies Angola, S.A. must be approved by the Data Center management team.
6.18. The Customer undertakes to register as a Customer at the Internet Technologies Angola, S.A. Data Center.
7.1 Unless specifically excluded, the following conditions apply to all Services included in this agreement.
7.2 The services are available upon subscription, and ownership is never transferred from Internet Technologies Angola, S.A. to the Customer in relation to any hardware or software component.
7.4 Service requests:
7.4.1 Whenever the Customer requests technical support from Internet Technologies Angola, S.A. or any technical operation performed by Internet Technologies Angola, S.A. that is not included in the Service offering, as specified by the Customer, technical support costs will be charged additionally through the application of an hourly rate.
7.4.2 All customer support requests that require a change in configuration (i.e., change requests) must be made in writing in the form of an email to Internet Technologies Angola, S.A., sent to the email address provided by Internet Technologies Angola, S.A..
| Ranking | Degree / Severity | Description |
|---|---|---|
|
Client level 1 |
Critical |
There is no service available to more than one end user. |
|
Client level 2 |
Degraded |
Only one customer end user does not have service available |
|
Client level 3 |
Minor with normal service |
The service is available but not compliant. |
|
Customer level 4 |
Service change |
Normal service is available. Changes related to the service configuration have been requested. |
7.5. Response times vary according to the level of criticality set out in point 7.4.3 above and will be resolved according to the table below:
Monday to Friday between 8:00 a.m. and 3:00 p.m.
| Priority | Response time | Resolution time |
|---|---|---|
|
Priority 1 |
45 Minutes |
24 Hours |
|
Priority 2 |
2 hours |
24 Hours |
|
Priority 3 |
4 Hours |
24 Hours |
|
Priority 4 |
48 Hours |
48 Hours |
Weekends, holidays, and outside office hours:
Monday to Friday between 8:00 a.m. and 3:00 p.m.
| Priority | Response time | Resolution time |
|---|---|---|
|
Priority 1 |
45 Minutes |
24 Hours |
|
Priority 2 |
2 hours |
24 Hours |
|
Priority 3 |
4 Hours |
24 Hours |
|
Priority 4 |
48 Hours |
48 Hours |
7.6 Whenever the Customer believes that the services provided by Internet Technologies Angola, S.A. are not satisfactory, the Customer shall submit the issues to the Management team ofInternet Technologies Angola, S.A..
7.7 Availability
7.7.1 Where guarantees are provided in relation to Service Availability, Service downtime caused by any of the following is excluded from the calculation of Service Availability:
7.7.1.1 In the event of a simultaneous primary and backup power failure in the data center where the Dependent Infrastructure is hosted.
7.7.1.2. scheduled maintenance, prior notification of which has been sent to the Customer and no objection has been received from the Customer.
7.7.1.3 Actions taken by the Customer.
7.7.1.4. the Customer’s failure to comply with the specifications as specified for the service.
7.7.1.5. failure to adhere to the Customer’s responsibilities as set out for the Service.
7.8 Support from Internet Technologies Angola, Inc.
7.8.1 Technical support
7.8.1.1 Technical support and the following maintenance services are included and do not incur additional costs for the customer:
7.8.1.1.1 The entire infrastructure depends on the service.
7.8.1.1.2. Technical support and maintenance for any of the following items will be charged to the customer:
7.8.1.1.2.1 Any failure related to incorrect configuration or tampering by the Customer.
7.8.1.1.2.2 Any task performed byInternet Technologies Angola, S.A. on behalf of the Client, where such tasks are within the scope of the Client’s Responsibilities.
7.8.1.1.2.3. software and hardware infrastructure owned or managed by the Customer or third parties.
7.9 Monitoring
7.9.1Internet Technologies Angola, S.A.will monitor the Dependent Infrastructure 7 days a week and 24 hours a day and will act on any degradation of the Services to guarantee the agreed levels of Service Availability.
7.10. Responsibilities of the Client
7.10.1. The Client undertakes to notifyInternet Technologies Angola, S.A. of any interruption observed in the Service, in order to avoid possible delays in the restoration of the Service caused by, but not limited to, cases in which the monitoring carried out byInternet Technologies Angola, S.A. has not indicated any interruption to the Client.
7.10.2 The Client must ensure that the use or installation of third-party products, licenses, and access keys inInternet Technologies Angola, S.A. products or services complies with the legal obligations, limitations, rights of use, or any other legal requirements established by the third-party supplier and/or supplier of such products, licenses, and keys. It is the Customer’s responsibility to familiarize themselves with these requirements.
7.11. Service definitions
7.11.1 Hosted VPS
7.11.2 General
7.11.2.1 The Hosted Virtual Private Server (VPS) service offer provides a Virtual Server dedicated to the Customer, within which the Customer can install and run applications to meet their needs.
7.11.2.2 The legal obligations defined by the vendor or supplier of applications and licenses installed on the Virtual Server remain with the Customer.
7.11.3 Service delivery
7.11.3.1 Description of Services
7.11.3.1.1 The Customer is provided with a Virtual Server operating on a shared physical infrastructure owned byInternet Technologies Angola, S.A. and located in the Data Center.
7.11.3.1.2 Virtualization is provided through Hypervisor technology. The Hypervisor provides dedicated system resources for the virtual server.
7.11.3.1.3. The Customer may make exclusive use of the Virtual Server, and the allocated System Resources will be accessed and used exclusively by the software installed on the Virtual Server.
7.11.3.1.4 Client access to the virtual server for system administration purposes is provided via remote control protocols, including but not limited to Microsoft RDP, VNC, or SSH.
7.11.3.1.5 The Customer may remove, install, and/or run any software within the Virtual Server, in any configuration required by the Customer, subject to any other terms and conditions relating to the use of the Service.
7.11.3.1.6. The virtual server is supplied with a static IP address, a public IP address, or a private IP address, depending on the customer's preference.
7.11.3.1.7 Virtual server disk data is stored on a combination of Solid State Drive (SSD) and traditional high-speed hard disk drives (HDD). Automated tiered storage technology automatically stores frequently accessed data on high-performance Solid State Drives (SSD) and moves less frequently accessed data to Hard Disk Drives (HDD). This process is transparent to the Client and ensures that optimal IOPS (Input/Output Operations per Second) are available to the Virtual Server.
7.11.3.1.8. External network access to the virtual server is not included. The connection between the virtual server and any external network that is not part of the IP network to which the virtual server belongs must be facilitated by means of an IP routing device and the associated network connection bandwidth, which may be provided autonomously byInternet Technologies Angola, S.A.
7.11.3.1.9 Additional Services – the following Services are optionally available to the Customer and are not included as standard:
7.11.3.1.9.1 Software
7.11.3.1.9.2Internet Technologies Angola, S.A.has available for rental: software licensing for Microsoft Windows Server, Microsoft SQL Server, and antivirus. Internet Technologies Angola, S.A. retains ownership of the software licenses, and the software licenses are linked exclusively to the Virtual Server on which the software is installed and cannot be transferred to other Virtual Servers, nor to any infrastructure not belonging toInternet Technologies Angola, S.A.
7.11.3.1.9.3 Replication requires network bandwidth between the Primary and DR data centers. This bandwidth may not be included in the Service and is available as an autonomous Service fromInternet Technologies Angola, S.A.
7.11.3.1.9.4 VPS Disaster Recovery only provides failover in two data centers for the configuration and data of Virtual Servers. Failover to the DR data center of another infrastructure on which the virtual server depends, e.g., network, is available as a standalone service.
7.11.4 Availability
7.11.4.1Internet Technologies Angola, S.A. guarantees99.5% service availability per month, subject to service interruption time caused by any of the following items excluded from the service availability calculation: System resource overload caused by applications installed or running on the virtual server.
7.11.5 Support service
7.11.6 Support fromInternet Technologies Angola, Inc.
7.11.6.1 Technical support and maintenance of the following items are also excluded from the standard Services:
7.11.6.1.1. any software applications installed on the Virtual Server, including software rented fromInternet Technologies Angola, Inc. and/or installed byInternet Technologies Angola, Inc. at any stage.
7.11.6.2 The Customer may receive a report after each backup job, including information on the success or failure of the backups, as part of the vBackup service. The reports will be sent by email.
7.11.7 Customer specifications
7.11.7.1. The Customer must ensure that any system component, whether hardware or software, which is used directly or indirectly with the service, is compatible with VMWare Hypervisor virtualization technology.
7.11.8 Customer responsibilities
7.11.8.1. WhenInternet Technologies Angola, S.A. makes changes to the Virtual Server provisioning configuration, for example adjustments to System Resources, the Customer is responsible for any configuration changes required to the software installed on the Virtual Server in order for the changes made byInternet Technologies Angola, S.A. to be effective.
7.12. Hosted Firewall
7.12.1 Description
7.12.2 The Hosted Firewall Service offer provides a virtual Firewall dedicated to the Customer, with the aim of controlling network traffic relating to the Services provided to the customer hosted in the Internet Technologies Angola, S.A. data centers.
7.12.3 Service delivery
7.12.4 Services
7.12.4.1 The Customer is provided with a dedicated Virtual Firewall, which operates on a shared physical infrastructure owned byInternet Technologies Angola, S.A. and located in theInternet Technologies Angola, S.A.Datacenters.
7.12.4.2 The Customer will make exclusive use of the Virtual Firewall.
7.12.4.3. Client access to the Virtual Firewall for system administration purposes is via remote control protocols such as HTTPS and SSH.
7.12.4.4. The Virtual Firewall provides IP routing functionality, as well as additional functionality that can be applied to network traffic passing through the Hosted Firewall’s network interfaces.
7.12.5 Feature set
7.12.5.1 The "Basic" feature set includes the following functions:
7.12.5.1.1 Packet filtering – the criteria available for matching the IP network traffic to which the Virtual Firewall functions are applied are limited to the source or destination IP address and the source or destination OSI Layer 4 ports.
7.12.5.1.2 NAT – network address translation (NAT) service for translation between private IP addresses and public IP addresses.
7.12.5.1.3 RA VPN – Remote Access (RA) Virtual Private Network (VPN) service to facilitate on-demand private connectivity over the Internet between networks connected to the Virtual Firewall and individual remote users.
7.12.5.2 The “Advanced” feature set includes all the “Basic” functions as described above, plus the following:
7.12.5.2.1 User-based control – in order to apply Virtual Firewall functions to network traffic based on the user originating that network traffic, user authentication services are available to integrate the virtual firewall with Microsoft Active Directory, LDAP, or RADIUS authentication services in the customer’s IT environment.
7.12.5.2.2 Web filtering – network traffic to the Internet can be restricted on the basis of statically configured URL lists or on the basis of dynamic categories of URLs with which an Internet domain is associated (e.g., social media, news, business) or on the basis of the software application that allows access to the Internet.
7.12.5.2.3 Anti-Virus – service to detect and block malicious software code contained in network traffic that passes through the Virtual Firewall.
7.12.5.2.4 IPS – Intrusion Prevention System service to detect and block malicious traffic patterns contained in network traffic passing through the Virtual Firewall, designed to exploit system vulnerabilities such as IT intrusion attempts.
7.12.5.2.5 DoS – denial of service (DoS) prevention service to detect and block traffic patterns, contained in the network traffic that passes through the Virtual Firewall, designed to overload the resources of IT systems.
7.12.5.2.6. Site-to-site VPN – IPSec virtual private network (VPN) service to facilitate a permanent private connection over the Internet between the networks connected to the virtual firewall and any remote network, such as a branch network.
7.12.5.3 The limit on the number of IP sessions that the virtual Firewall will process simultaneously is allocated as purchased by the Customer.
7.12.5.4 When this limit is reached, any new IP sessions will be rejected until the number of simultaneous IP sessions falls below the limit.
7.12.6 Availability
7.12.6.1Internet Technologies Angola, S.A.guarantees 99.5% Service Availability, per month, subject to the time of interruption of the Service caused by any of the following items additionally excluded from the calculation of Service Availability:
7.12.6.1.1 Functions that connect to or rely on remote systems, including but not limited to site-to-site VPN.
7.12.6.1.2 Overloading of system resources caused by traffic passing through the virtual firewall or destined for the virtual firewall.
7.12.7 Support service
7.12.7.1 Support from Internet Technologies Angola, Inc.
7.12.7.1.1 The technical support and maintenance of the following items are additionally included in the Service offer:
7.12.7.1.1.1 Configuration of any Virtual Firewall function as required by the Customer.
7.12.7.2 Self-service
7.12.7.2.1 The Customer is granted remote access for the purposes of administering the Virtual Firewall.
7.12.7.2.2 The Customer is restricted to viewing and making changes to the configuration for the following elements only:
7.12.7.2.2.1 Names and address groups.
7.12.7.2.2.2 Timetables.
7.12.7.2.2.3 Security profiles, such as antivirus, web filtering, application control, and intrusion protection (IPS).
7.12.7.2.2.4 Commercial.
7.12.7.2.3 The Customer is restricted to viewing only the configuration of the following elements:
7.12.7.2.3.1 Forwarding
7.12.7.2.3.2 Firewall policies
7.12.7.2.3.3 Layer 4 services (i.e., ports)
7.12.7.2.3.4. VPN
7.12.8 Monitoring
7.12.8.1. The Customer will have access to a monitoring service, in which the current status and history of the following metrics can be viewed:
7.12.8.1.1 Use of the network.
7.12.9 Customer requirements
7.12.9.1 Any traffic between two networks that needs to be affected by the Hosted Firewall must be forced through the Hosted Firewall by implementing the Hosted Firewall as a necessary routing hop between the two networks.
7.12.10. Customer responsibilities
7.12.10.1 The Customer is responsible for monitoring the Service Availability of the Virtual Firewall, including any used Services provided by the Virtual Firewall, including but not limited to VPN connections.
7.13. Hosted Rackspace
7.13.1 Description
7.13.1.1 The Hosted Rackspace Service offer provides the Customer with physical IT cabinet rack space for the storage of IT infrastructure, such as server and network hardware.
7.13.2 Delivery service
7.13.2.1 Deliveries
7.13.2.1.1 The Customer receives rack space located in the shared physical infrastructure owned or leased byInternet Technologies Angola, S.A. and located in the Datacenters ofInternet Technologies Angola, S.A..
7.13.2.1.2 The Customer is given exclusive use of the space allocated in the rack. The rack space is closed with a door, lockable by physical keys.
7.13.2.1.3. Physical access to the rack space is available 24 hours a day, 7 days a week.
7.13.2.1.4 Two 220-volt alternating current (AC) power feeds are provided for primary and backup power supply purposes. Both power feeds are supplied with backup power via uninterruptible power supply (UPS) units and/or mechanical generators.
7.13.2.1.5Internet Technologies Angola, S.A. data centersare maintained at humidity and temperature levels in accordance with industry standards in relation to IT hardware server requirements.
7.13.3 Additional Services – the following Services are optionally available to the Customer and are not included by default:
7.13.3.1 Local cross-connect loop
7.13.3.1.1 For the purposes of Ethernet connectivity between equipment installed in the rack space and/or connectivity with other Internet Technologies Angola, S.A. network services, Layer 2 network switching is provided via the 1Gbps Ethernet switch ports.
7.13.3.1.2 The switch ports are provided on a shared physical switch with client isolation provided through virtual LAN (VLAN) technology.
7.13.4 Availability
7.13.4.1 Internet Technologies Angola, S.A. guarantees service availability of 99.5% per month.
7.13.5 Customer requirements.
7.13.5.1 The customer’s equipment must have a width of 483 mm (19 inches) or less and a depth of 1000 mm or less. Services are available for equipment that does not meet this requirement, but are only available on specific request.
7.13.5.2 The customer’s equipment must be equipped with two redundant power sockets.
7.13.6 Customer responsibilities
7.13.6.1 The Customer is responsible for monitoring the humidity and temperature levels inside the cabinet where the rack space is allocated.
7.13.6.2 The Customer must ensure that all physical security mechanisms provided, such as locked doors, are set to their secure state after being moved to the non-secure state by the Customer.
7.13.6.3 In cases where physical access to rack space is required, a representative ofInternet Technologies Angola, S.A. mustaccompany any representative of the Client, and the Client must arrange such accompaniment withInternet Technologies Angola, S.A. priorto when such access is required.
8.1. The Customer purchases Business VoIP communications services (SIP trunking) and distributes them for use by its own end users within its institution.
8.2 A commissioned voice service may only be used by the Customer. The Customer may not resell or distribute the service to third parties unless approved byInternet Technologies Angola, S.A..
8.3 The Business VoIP communications service (SIP trunking) is a value-added IP trunk service for use by end users and provides services for making low-cost VoIP voice calls and the possibility of receiving low-cost VoIP voice calls.
8.4 The system may consist of the software and hardware required to support the Business VoIP communications service (SIP trunking), including the Gateway or PBX-IP, rack space, 24×7 power, and HVAC (heating, ventilation, and air conditioning). The configuration and maintenance of the system is the responsibility ofInternet Technologies Angola, S.A.. Power and HVAC are the responsibility of the Customer.
8.5 Any number provided (DID) is being rented and not sold, and you do not obtain any right or title to the DID under this contract. The number is not portable to other service providers. The number is not to be used with any device other than the equipment on which it was installed byInternet Technologies Angola, S.A..Internet Technologies Angola, S.A. reserves the right to change, cancel, or modify the number.
8.6 The Business VoIP service may not allow emergency services if the Customer has not ensured that it works properly.
8.7 Payment will be in the form of pre-payment or post-payment, in the latter case with a minimum of 5,000.00 Akz (five thousand kwanzas).
8.8Internet Technologies Angola, S.A. will support the installation of all the software or hardware supplied and will carry out all the necessary configurations in the IP communications center (PBX-IP) so that it can start using the VoIP call services made or received.
8.9Internet Technologies Angola, S.A.will provide all local or remote support for the service provided as stipulated in the specific conditions.
8.10. The Customer guaranteesInternet Technologies Angola, S.A. remote and physical access to the locations where the access(es) to the service are installed/configured, so that it can provide adequate support for the service.
8.11. The Customer shall provide all the logistics of travel outside Luanda, namely travel, accommodation, local transportation, and meals for the technician(s) indicated byInternet Technologies Angola, S.A. who travel for the purposes of initial configuration or support.
8.12. The Customer warrants that it will use the Services in accordance with applicable law, rules, and regulations.
8.13. The Customer acknowledges and accepts that VoIP services are provided under the condition thatInternet Technologies Angola, S.A.also provides connectivity services under the terms and conditions established by it.
8.14. The Customer must not falsify the originating number, tamper with it, or hack into third-party originating numbers. The Customer shall be liable for any fraudulent use of VoIP services.
8.15.Internet Technologies Angola, S.A.cannot be held responsible for calls made fraudulently through the equipment on the customer’s premises, unless it is fully managed byInternet Technologies Angola, S.A..
8.16. The Customer is responsible for keeping passwords for accessing the voice service confidential.Internet Technologies Angola, S.A. cannotbe held responsible for calls made using fraudulently used passwords.
8.17. The Customer acknowledges and acceptsInternet Technologies Angola, S.A.’sservice level agreement (SLA) for the VoIP service, as well as the suitability of the services for the Customer’s intended purpose.
8.18. The Customer shall bear all the costs of repairing and/or replacing equipment that has been damaged as a result of an unlawful act (including negligence) by the Customer.
8.19. In order to protect the customer,Internet Technologies Angola, S.A. may set restrictions on the source IP and establish a maximum monthly charge. It is the customer's responsibility to set this amount.
8.20.Internet Technologies Angola, S.A.shall not be liable for indirect damages of any kind, loss of profit, and/or loss of business. Internet Technologies Angola, S.A.'stotal liability shall be limited to the annual value of the contract or the cost of repairing the damage, whichever is less.
9.1 If the Customer fails to pay for the Services contracted under the terms of this Contract,Internet Technologies Angola, S.A.may suspend the Services immediately after notifying the Customer of the suspension.
9.2 Whenever the Services are suspended, Internet Technologies Angola, S.A. reservesthe right to charge the Client a fee for restoring the Services.
9.3 Suspension of the Services does not release the Customer from its payment obligations under this Agreement.
9.4Internet Technologies Angola, S.A. willrestore the services within 48 hours of receiving all outstanding amounts, including interest and the restoration fee.
9.5 Whenever the Client is in default with its payment obligations for a period of more than 60 days,Internet Technologies Angola, S.A.may cancel the Services.
9.6 Cancellation of services byInternet Technologies Angola, S.A. underthe terms of the preceding paragraph shall result in the Client paying the equivalent of 3 (three) months' billing, plus all amounts owed under this Contract.
10.1Internet Technologies Angola, S.A. shallonly be liable for the provisions of this contract and/or other obligations arising directly from applicable law. Internet Technologies Angola, S.A. will make every effort to provide the contracted services so that they are delivered to the Client in an efficient, consistent, and continuous manner. Internet Technologies Angola, S.A.shall not be liable for loss of data resulting from delays, non-deliveries, delivery failures, or service interruptions caused by any situation that cannot be controlled byInternet Technologies Angola, S.A., or when due to errors or omissions by the Client.
10.2Internet Technologies Angola, S.A. expressly excludes any guarantee as to the quality or accuracy of the information received through the services.
11.1Internet Technologies Angola, S.A. undertakesto preserve the private and confidential nature of all internal information and records relating to current and/or proposed products and services, clients and users and/or innovative services relating to the Client, and not to disclose them by any means to unauthorized employees ofInternet Technologies Angola, S.A. (employees of Internet Technologies Angola, S.A. may only have access to information that they have a need to know) or to third parties.Internet Technologies Angola, S.A. declaresthat it will not use confidential information about the Client, or the Client’s clients, to offer those clients services that compete with the services offered to them by the Client.
11.2 The provisions of the preceding paragraph shall not apply to data, information, and records which, due to legal, judicial, or contractual requirements, must be provided or submitted, in particular to public bodies, financial institutions, insurance companies, as well as for the fulfillment of any other duty imposed by law, provided that it is provided only to the entity that needs it, and its content is restricted to what is strictly necessary.
12.1 The parties agree that this Agreement replaces all previous agreements (written or otherwise) entered into between the parties and therefore constitutes a renewal of any or all previous agreements between the parties.
12.2 In addition, the parties agree that no commercial use or conduct not expressly provided for in this Agreement may be used to explain, modify, or contradict the terms of this Agreement.
[The agreement on the level of services, and its conditions, apply product by product or circuit by circuit]
13.1 Internet Technologies Angola, Inc. will provide maintenance services for routers, modems, and other equipment, regardless of who owns them, used on the Internet Technologies Angola, Inc. network, with a view to enabling Internet Technologies Angola, Inc. to fulfill Internet Technologies Angola, Inc.'s obligations under this contract. The cost of repairs, replacements, or upgrades to equipment belonging to the Customer shall be borne by the Customer, provided that this is agreed by both parties. Where necessary and applicable, the level of services shall be defined in an annex, which shall be attached to and form an integral part of this contract.
14.1 INTERNET TECHNOLOGIES ANGOLA, S.A. undertakes to process and use the CUSTOMER’s personal data in accordance with the law, in particular to give the CUSTOMER access to data that directly concerns him/her, and the CUSTOMER may request, at any time, the correction or addition of information.
14.2. INTERNET TECHNOLOGIES ANGOLA, S.A. will only use the information provided to it by the CLIENT for its own commercial promotion purposes.
14.3 Without prejudice to the provisions of the preceding paragraph, INTERNET TECHNOLOGIES ANGOLA, S.A. may include the CUSTOMER’s name and in that capacity, as information accessible to the general public, unless at any time INTERNET TECHNOLOGIES ANGOLA, S.A. is expressly requested to keep the CUSTOMER’s data confidential.
15.1 These General Conditions are governed by Angolan law and shall be construed in accordance with that law.
16.1. Internet Technologies Angola, S.A. guarantees and declares to the Client that it is an Angolan company, duly incorporated and validly existing under the laws of the Republic of Angola, that it has all the powers and authorizations necessary to enter into this contract, that the signing of this contract will bind it in accordance with its terms and that the performance of its obligations arising from this contract will not result in the violation of any applicable law or the rights of third parties.
16.2. Internet Technologies Angola, S.A. unconditionally and irrevocably undertakes to indemnify the Customer and to hold the Customer harmless from any loss, damage, or cost resulting from the breach of any of these warranties.
17.1. If a dispute of any kind arises between the parties as a result of or in connection with this contract, both Internet Technologies Angola, S.A. and the Client shall be entitled to seek injunctive relief in any competent court, and nothing stipulated in this contract shall be construed to prohibit a party or its affiliate from resorting to any other remedies available to it in the event of actual or announced breach.
17.2. If a dispute of any kind arises between the parties arising out of or in connection with this contract, the parties shall meet or otherwise communicate with each other with a view to seeking to resolve the dispute amicably and, if the dispute is not resolved amicably within 7 days of such meeting or communication, it shall be resolved by formal conciliation.
17.3 All disputes relating to this contract that cannot be settled amicably under the terms of the preceding clauses shall be settled by the Luanda District Court, with express waiver of any other.
18.1 Internet Technologies Angola, S.A. shall not be responsible for the Security of the Customer’s Network, unless the Customer so requests.
18.2 If Internet Technologies Angola, S.A. is contracted to install and maintain Network Security Products on behalf of the Customer, Internet Technologies Angola, S.A. will use all reasonable endeavors to provide high quality Network Security Services and Products in order to protect the Customer’s Network from any domestic or foreign threats. However, Internet Technologies Angola, S.A. shall not be liable for any loss of data resulting from any delays, non-deliveries, delivery failures, or service interruptions caused by a breach of Network Security.
18.3 Internet Technologies Angola, S.A. shall not be liable for purely financial losses or losses of a consequential nature due to a breach of Network Security on the Customer’s Network.
18.4 It is the customer’s responsibility to initiate a Comprehensive Network Security Policy. Internet Technologies Angola, S.A. is responsible for participating fully in the definition, design, and implementation of this Network Security Policy under the terms of the agreement between Internet Technologies Angola, S.A. and the client. Internet Technologies Angola, S.A. undertakes to provide assistance in implementing the rules established by the client.
18.5 The provision of assistance by Internet Technologies Angola, S.A. in the design and implementation of the Network Security Policy must be guided by high quality standards.
19.1 GROUNDS FOR EXEMPTION FROM LIABILITY
19.1.1 Internet Technologies Angola, S.A. or the Client, either of which may be considered an “affected party” for the purposes of this clause, shall not be liable for the breach of any of the affected party’s obligations to the extent that the affected party can prove – – that it has failed to comply with its obligations under this clause.
19.1.1.1. that the affected party could not, at the time of the conclusion of this Contract, reasonably take into account the impediment and its effects in determining its ability to perform the contract; and
19.1.1.2. that the affected party could not reasonably avoid or overcome the impediment or its effects.
19.1.2 For the purposes of clause 18.1.1, an impediment may result from situations such as the following:
19.1.2.1 War, whether declared or not, civil war, riots, and revolutions; acts of piracy; acts of sabotage;
19.1.2.2 Natural disasters, such as violent storms, cyclones, earthquakes, tsunamis, floods, destruction by lightning;
19.1.2.3 Explosions, fires, destruction of equipment or machinery, factories, and installations of any kind;
19.1.2.4 Boycotts and strikes of all kinds, work-to-rule strikes, occupation of the place of operations, factories, and installations;
19.1.2.5. acts of authority, whether lawful or unlawful, excluding acts the risk of which has been assumed by the affected party by virtue of other provisions of this Contract.
19.2 The affected party shall, as soon as possible after the impediment and its effects on that party’s ability to perform become known to that party, notify the other party of the impediment and its effects on the affected party’s ability to perform. The termination of the grounds for relief from the obligation to perform shall also be notified.
19.3 The grounds for exemption from the obligation to perform shall apply from the moment the impediment occurs or, if notification is not made in time, from the moment of notification. If the affected party fails to give notice, it shall be liable for compensation for damage that could otherwise have been avoided.
19.4 Under the terms of this clause, a ground for release from the obligation to perform releases the affected party from the obligations of compensation, penalties, and other contractual sanctions, with the exception of the obligation to pay interest on sums due for as long as and to the extent that the ground subsists.
19.5 In addition, it shall extend the period of performance for as long as is reasonable, thereby excluding the right of the other party to terminate this Contract. In determining “reasonable period,” account shall be taken of the affected party’s ability to resume performance and the other party’s interest in receiving the performance despite the delay. Until the affected party resumes performance, the other party may suspend performance of its own obligations.
19.6 If the grounds for release from the obligation to perform persist for a period of more than 6 (six) weeks, either party shall be entitled to terminate this Agreement by giving written notice to Internet Technologies Angola, S.A. to all other parties to this Agreement.
19.7 Each party may retain what it has received by virtue of the performance of the contract prior to its termination in accordance with this clause. Each party must account to the other for any unjust enrichment resulting from this performance. Payment of the final balance must be made in good time, but always within 30 (thirty) days of request. Calculation of the amounts due shall, as far as possible, be carried out in accordance with the guidelines set out in the Price List.
20.1 In the event that either Party fails to comply with any provision of this Contract, and such failure is capable of being remedied, the other Party may notify the defaulting Party in writing to remedy the default within a period of 10 (ten) days from the date of receipt of such notice.
20.2 In the event that the default continues without being duly remedied after the expiry of the period referred to above, the performing Party shall have the right, but shall not be obliged, to terminate this Contract with immediate effect by giving notice to the defaulting Party. Without prejudice to any rights of the Party terminating this Contract under Clause 19, that Party may invoke specific performance against the other Party in respect of its obligations under and in connection with this Contract.
20.3 The provisions of this Clause shall not affect the Parties' right to claim damages; however, neither Party shall invoke indirect damages, which are hereby deemed waived.
20.4 In the event that the Customer defaults on the Contract and as a result the Contract is terminated, such termination shall qualify as a termination pursuant to Clause 20.1 above. The provisions of Clause 20.1 shall apply mutatis mutandis to this Clause 20.4.
20.5 The Parties hereby agree that damages resulting from the application of this Clause or any other clause contained in this Contract shall be limited to and shall not exceed the annual value of this Contract for any and all damages, injuries, claims, losses, loss expenses, or claims (including attorneys' fees) resulting from the application of this Contract, whatever their cause. Such causes include, but are not limited to, negligence, errors, omissions, breach of contract, or breach of warranty on the part of Internet Technologies Angola, S.A.
21.1 The parties choose as their addresses for the purposes of this contract the addresses listed in their respective contact information.
21.2 The parties declare that this contract, which includes the Contact Information, the Description of Services, the Particular Conditions, and these General Conditions, constitutes the entire contractual relationship between them in relation to the subject matter of this contract, and no alteration, addition, or revocation thereof shall be binding on any of the parties unless it is reduced to writing with their signatures.
21.3 No extension of time or waiver that either party (“grantor”) may grant to the other party (“grantee”) shall constitute a waiver of any of the grantor’s rights, and the grantor shall not be precluded from exercising any rights against the grantee that have arisen in the past or that may arise in the future.
21.4 Neither party may assign, transfer, or delegate, or by any means convey any of its rights or obligations under this contract without the prior written consent of the other party.