GENERAL CONDITIONS FOR THE PROVISION OF ELECTRONIC COMMUNICATIONS SERVICES
1. DEFINITIONS
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 "PrivateIP address" means an IPv4 address that is part of the private IP address space, as defined by the IETF standard RFC 1918. This IP address is not directly accessible via the Internet.
1.3 "Public IP address" means an IPv4 address that is not part of the private IP address space as defined by the IETF standard RFC 1918. This IP address is directly accessible via the Internet.
1.4 "Availability of the Service" means the ability of the Service to perform as agreed in this agreement.
1.5 "Dependent Infrastructure" means any infrastructure owned, leased and/or managed by ITA PARATUS on which the Service provided to the Customer is dependent, in order to guarantee the Availability of the Service.
1.6."ITA Datacenter" means any datacenter it makes use of, regardless of the ownership of the datacenter.
1.7."Primary Data Center" means the data center from which the Services are normally located and accessible.
1.8 "DR Datacenter" or "Disaster Recovery Datacenter" means a physically separate datacenter in which Services can be relocated and made available if the Primary Datacenter is not operational.
1.9 "Service Request" means any request for support from the Customer to investigate a technical fault or to perform configuration changes in relation to the ITA PARATUS Services of which the Customer makes use.
1.10. "Response Time" means the period of time between the time ITA PARATUS receives a Service Request from the Customer and the time ITA PARATUS acts in order to remedy the fault or make changes to the configuration.
1.11. "Resolution Time" means the period of time between a Service Request reported by the Customer to ITA PARATUS and the time at which the Service Availability has been restored or the requested configuration changes have been executed.
2. DURATION AND EARLY TERMINATION
2.1 ITA PARATUS and the CLIENT have agreed that this Contract shall be in force for a minimum INITIAL period of 5 (five) years from the date of activation of the various services described in the Particular Conditions which form an integral part of this Contract.
2.2 During the "Activation Period", understood to be the period from the date on which the Service Agreement is signed until the date on which the services are activated, the customer may not terminate this Agreement.
2.3 After the minimum INITIAL period of 5 (five) years, this Contract shall be renewed successively and automatically for periods of 2 (two) years, if neither party has terminated it by giving written notice to ITA PARATUS sent to the other by email or registered letter, 180 (one hundred and eighty) days before the end of the INITIAL period or any of the successive renewals.
2.4 Whenever the CUSTOMER contracts new services which result in the conclusion of one or more new Service Contracts with ITA PARATUS, the new contracts shall remain independent and shall be regulated independently of this Service Contract.
3. PRICE AND PAYMENT
3.1. ITA PARATUS will issue invoices in advance of the periods in which the contracted services are provided. Payments must be received within 30 days of the invoice being issued.
3.2 The CLIENT shall be responsible for paying the one-off installation fee which shall be paid together with the amount corresponding to the contracted services, as per the initial invoice to be issued by ITA PARATUS under this contract. Subsequent invoices will always be issued and paid in advance and will relate to the period beginning in the month following the date of issue.
3.3 The price of the Services is set out in the Special Conditions of Contract.
3.4 ITA PARATUS reserves the right to charge interest on all overdue invoices. Interest will be charged at the rate of 12%/year. Interest will be calculated daily and charged from the due date of the invoice until the date of full settlement of the respective payment (both days excluded).
3.5. The prices provided for in the specific conditions may be updated as of January 1st of each year the contract is in force, in accordance with the accumulated annual Consumer Price Index (CPI) published by official bodies. The new prices will apply to the CLIENT 30 days after they are communicated.
4. COST STRUCTURE OF INTERNATIONAL BROADBAND AND VPN BROADBAND
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 specifically refers to Internet Connection, or 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 take effect once it has been put in writing and signed by both parties.
5. IMPROPER USE
5.1. The Customer acknowledges that ITA PARATUS cannot exercise control over the content of the information circulating on the ITA PARATUS network, and ITA PAR ATUS hereby excludes any liability whatsoever for the transmission or receipt by the Customer, or the Customer's customers, of any kind of illegal information.
5.2 The Customer undertakes to indemnify and hold ITA PARATUS harmless from any action brought by a third party alleging that the Customer's use of theITA PARATUS network has violated any intellectual property right of any kind or any Angolan or international law or regulation. The Customer shall notify ITA PAR ATUS whenever such actions occur, and shall not condition ITA PARATUS from exercising any rights in its defense, compromise or take any other measures it deems in its interest.
5.3 The Customer may use the ITA PARATUS network to connect to other networks around the world and the Customer undertakes to observe the acceptable policies for using 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 emerge in the future. The RFC documents mentioned above can be consulted at www.rfc.net. If the Customer does not comply with the RFC standards, ITA PARATUS will notify the Customer and the parties will cooperate to resolve the issue. If the parties are unable to resolve the issue within a reasonable time and ITA PARATUS ' network is threatened, ITA PAR ATUS may suspend the service until the issue is resolved. During this period of suspension, the Customer will not be liable to pay the relevant fees. Suspension of the service will only be used as a measure of last resort. If the Customer does not comply with these acceptable use policies, ITA PAR ATUS will inform the Customer of this fact by means of a written notice to be complied with within 14 days.
5.4 The Customer may not use the ITA PARATUS network recklessly, to the detriment of ITA PARATUS or ITA PAR ATUS customers . [This occurs whenever the Customer continuously exceeds its contracted bandwidth by more than 50% for a period of one hour, in the event of "Limited Bandwidth". "Limited Bandwidth" means that the ITA PARATUS Network does not allow the Customer to exceed the contracted bandwidth]. In such an event, ITA PAR ATUS shall inform the Customer and the parties shall cooperate to resolve the issue. If the parties are unable to resolve the issue within a reasonable time and the ITA PARATUS network is threatened, ITA PAR ATUS may limit the service to the contracted bandwidth until the issue is satisfactorily resolved.
5.5 ITA PARATUS may allow traffic in bursts if and when requested by the Customer. Traffic is not considered to be in bursts if, for a consecutive period of 4 working days, the average during normal hours (from 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 period indicated, and will be asked to update the contract. ITA PARATUS will warn the Customer if the bandwidth is exceeded in this way for a period of 3 consecutive working days. In this event, the Customer will have the option of instructing ITA PAR ATUS 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 obliged to update the contract.
6. SPECIFIC CONDITIONS FOR THE PROVISION OF COLOCATION OR EQUIPMENT HOSTING SERVICES
6.1 Colocation or Equipment Hosting is the service that provides the physical space as well as all the necessary infrastructure for hosting, storing and operating application servers and telecommunications equipment to the ITA PARATUS Customer.
6.2 ITA PARATUS will provide a Colocation environment in the ITA PARATUS Datacenter that meets internationally accepted parameters regarding physical security, link redundancy, environmental and physical conditions, including raised floors, air conditioning system and alternative energy sources for the equipment housed.
6.3 The management and maintenance of the hosted equipment, including installation, maintenance, upgrading, application of patches or any other type of necessary update, will be the sole responsibility of the Customer, who will not be jointly responsible for the administration of the equipment hosted in the ITA PARATUS Datacenter.
6.4 Software licenses, including anti-virus licenses, for the equipment hosted under this contract shall be the responsibility of the Customer.
6.5 It is the Customer's sole responsibility to configure, supervise and maintain, preventively or correctively, the equipment it owns hosted in the ITA PARATUS Datacenter, as well as to ensure its correct installation, updating, repair, compatibility and proper functioning during the term of this Contract.
6.6 The Customer is solely responsible for performing backup routines on the data and other information contained in the hosted equipment.
6.7 The Customer undertakes to configure its equipment and/or the ITA PARATUS equipment made available to it, to operate at all times in accordance with the manufacturer's specifications, such as appropriate voltage, power consumption and other operating conditions.
6.8. The entry and exit of any equipment in the ITA PARATUS Datacenter must be preceded by an email communication to:
datacenter@paratus.ao at least 48 hours in advance.
6.9 In the case of incoming equipment, the customer must go to the Datacenter Management Department to register its serial number and fill in the equipment identification form.
6.10. Whenever hosted equipment is removed or altered by the Customer, the Customer undertakes to inform the ITA PARATUS Datacenter Management team, so that it can register the removal of the equipment, via 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 ITA PARATUS network may be disconnected by ITA PARATUS and the customer informed so that it can take the necessary corrective measures. 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 its equipment that may affect the security of the ITA PARATUS network, it is obliged to notify ITA PARATUS immediately.
6.13. The Customer undertakes to provide ITA PARATUS with the contact telephone numbers and names of the technicians to contact in the event of an anomalous occurrence in the hosted equipment.
6.14. The Customer is obliged to provide a list of persons authorized to access the ITA PARATUS Datacenter, and no persons who are not duly authorized may enter.
6.15. Access to the ITA PARATUS Datacenter is subject to prior identification by ITA PARATUS of the persons authorized by the Customer.
6.16 Persons authorized by the Customer will always be accompanied by an ITA PARATUS technician during their visit to ITA PARATUS Datacenters.
6.17. Visits to the ITA PARATUS Datacenter will be preceded by a request addressed to the ITA PARATUS management team, via email to datacenter@paratus.aoat least 48 hours in advance, and the visit byITA PAR ATUS will be approved by the Datacenter Management team.
6.18. The Customer undertakes to register as a Customer with the ITA PARATUS Datacenter.
7. SPECIFIC CONDITIONS OF CLOUD SERVICE PROVISION
7.1 Unless specifically excluded, the following conditions apply to all Services included in this contract.
7.2 The services are available on a subscription basis and ownership is never transferred from ITA PARATUS to the Customer for any hardware or software component.
7.3 Any time or date specified refers to the Angola time zone.
7.4 Service requests:
7.4.1 Whenever the Customer requests technical support from ITA PARATUS or any technical operation carried out by ITA PARATUS that is not included in the Service offer, as specified by, the technical support costs will be charged additionally by applying 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 e-mail to ITA PARATUS, sent to the e-mail address provided by ITA PARATUS.
7.4.3 Service requests will be prioritized as follows:
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Classification
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Degree / Severity
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Description
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|---|---|---|
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Customer level 1
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Critical
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There is no service available to more than one end user
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|
Client level 2
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Degraded
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Only one customer end user has no service available
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|
Customer level 3
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Smaller with normal service
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The service is available but not compliant
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Customer level 4
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Change of service
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The normal service is available. Changes related to the configuration of the service have been requested.
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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 08:00 and 15:00
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Priority
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Response time
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Resolution time
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|---|---|---|
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Priority 1
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45 Minutes
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24 Hours
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Priority 2
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2 Hours
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24 Hours
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Priority 3
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4 Hours
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24 Hours
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|
Priority 4
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48 Hours
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48 Hours
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Weekends, holidays and out of office hours:
Monday to Friday between 08:00 and 15:00
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Priority
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Response time
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Resolution time
|
|---|---|---|
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Priority 1
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90 Minutes
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24 Hours
|
|
Priority 2
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3 Hours
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24 Hours
|
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Priority 3
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6 Hours
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24 Hours
|
|
Priority 4
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48 Hours
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48 Hours
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7.6 Whenever the Customer believes that the services provided by ITA PARATUS are not satisfactory, the Customer shall submit the issues to the ITA PARATUS Management team.
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 datacenter 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 ITA PARATUS support
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 by ITA PARATUS 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
7.9.1 ITA PARATUS 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. Customer Responsibilities
7.10.1. The Customer undertakes to notify ITA PARATUS 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 by ITA PARATUS has not indicated any interruption to the Customer.
7.10.2 Customer must ensure that the use or installation of third party products, licenses and access keys on ITA PARATUS products or services complies with the legal obligations, limitations, rights of use or any other legal requirements established by the third party provider and/or supplier of such products, licenses and keys. It is the Customer's responsibility to familiarize itself 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 working on a shared physical infrastructure owned by ITA PARATUS and located in the Datacenter.
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 by ITA PARATUS.
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
7.11.3.1.9.2 ITA PARATUS has available for rental: software licensing for Microsoft Windows Server, Microsoft SQL Server and antivirus. ITA PARATUS 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 to ITA PARATUS.
7.11.3.1.9.3 Replication requires network bandwidth between the Primary and DR datacenters. This bandwidth may not be included in the Service and is available as an autonomous ITA PARATUS Service.
7.11.3.1.9.4 VPS Disaster Recovery only provides failover in two datacenters for the configuration and data of Virtual Servers. Failover to the DR datacenter of another infrastructure on which the virtual server depends, e.g. network, is available as a standalone service.
7.11.4 Availability
7.11.4.1 ITA PARATUS guarantees 99.5% 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 ITA PARATUS support
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 from ITA PARATUS and/or installed by ITA PARATUS 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 e-mail.
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. When ITA PARATUS 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 by ITA PARATUS 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 ITA PARATUS datacenters.
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 by ITA PARATUS and located in ITA PARATUS Datacenters.
7.12.4.2 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 - 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 drops below the limit.
7.12.6 Availability
7.12.6.1 ITA PARATUS guarantees 99.5% Service Availability per month, subject to Service interruption time 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 ITA support
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 by ITA PARATUS and located in ITA PARATUS Datacenters.
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.
7.13.2.1.5 ITA PARATUS datacenters are 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 ITA 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 ITA PARATUS 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 of ITA PARATUS must accompany any representative of the Customer and the Customer must arrange such accompaniment with ITA PARATUS prior to when such access is required.
8. SPECIFIC CONDITIONS OF SERVICE PROVISION VOICE
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 by ITA PARATUS.
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). ITA PARATUS is responsible for configuring and maintaining the system. 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 in which it was installed by ITA PARATUS. ITA PARATUS reserves the right to change, cancel or modify the number from time to time.
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).
8.8 ITA PARATUS 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.
8.9 ITA PARATUS will provide all local or remote support for the service provided as stipulated in the specific conditions.
8.10. The Customer guarantees ITA PARATUS remote and physical access to the locations where the access(es) to the service are installed/configured, so that it can adequately support the service.
8.11. The Customer shall provide all logistics for travel outside Luanda, namely travel, accommodation, local transportation and meals for the technician(s) appointed by ITA PARATUS to travel for initial configuration or support purposes.
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 that ITA PARATUS 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. ITA PARATUS cannot be held responsible for calls made fraudulently via equipment on the customer's premises, unless this is fully managed by ITA PARATUS.
8.16. The Customer is responsible for keeping passwords for accessing the voice service confidential. ITA PARATUS cannot be held responsible for calls made using fraudulently used passwords.
8.17. The Customer acknowledges and accepts ITA PARATUS 's service 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, ITA PARATUS 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. ITA PARATUS shall not be liable for indirect damages of any kind, loss of profit and/or loss of business. ITA PARATUS ' total liability shall be limited to the annual value of the contract, or the cost of repairing the damage, whichever is less.
9. SUSPENSION OF SERVICE DUE TO NON-PAYMENT
9.1 If the Customer fails to pay for the Services contracted under the terms of this Agreement, ITA PARATUS may suspend the Services immediately after notifying the Customer of the suspension.
9.2 Whenever the Services are suspended, ITA PARATUS reserves the right to charge the Customer a fee for restoring the Services.
9.3 Suspension of the Services does not release the Customer from its payment obligations under this Agreement.
9.4 ITA PARATUS will restore services within 48 hours of receipt of all outstanding amounts, including interest and the restoration fee.
9.5 Whenever the Customer is in default of its payment obligations for more than 60 days, ITA PARATUS may cancel the Services.
9.6 Cancellation of services by ITA PARATUS under the terms of the preceding paragraph shall result in the Customer paying the amount equivalent to 3 (three) months' billing, plus all amounts due under this Contract.
10. EXCLUSION OF GUARANTEES
10.1 ITA PARATUS shall only be liable for the provisions of this contract and/or other obligations arising directly from applicable law. ITA PARATUS will make every effort to provide the contracted services so that they are delivered to the Customer in an efficient, consistent and continuous manner. ITA PARATUS 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 by ITA PARATUS, or when due to Customer errors or omissions.
10.2 ITA PARATUS expressly excludes any guarantee as to the quality or accuracy of the information received through the services.
11. CONFIDENTIALITY AND PROHIBITION OF DISCLOSURE
11.1 ITA PARATUS undertakes to preserve the private and confidential nature of all internal information and records relating to current and/or proposed products and services, customers and users and/or innovative services relating to the Customer, and not to disclose them by any means to unauthorized ITA PARATUS employees ( ITA PAR ATUS employees may only have access to information they have a need to know) or to third parties. ITA PARATUS declares that it will not use confidential information about the Customer, or the Customer's customers, to offer these customers services that compete with the services offered to them by the Customer.
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. RENEWAL
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.
13. SERVICE LEVEL AGREEMENT
[The agreement on the level of services, and its conditions, apply product by product or circuit by circuit]
13.1 ITA PARATUS will provide maintenance services for routers, modems and other equipment, regardless of who owns them, used on the ITA PARATUS network, in order to enable ITA PARATUS to fulfill ITA PARATUS ' obligations under this agreement. 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 agreement.
14. USE OF PERSONAL DATA
14.1 ITA PARATUS undertakes to process and use the CUSTOMER's personal data in accordance with the law, in particular to give the CUSTOMER access to the data that directly concerns him/her, and the CUSTOMER may request the correction or addition of information at any time.
14.2. ITA PARATUS 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, ITA PARATUS may include the CLIENT's name and in that capacity, as information accessible to the general public, unless ITA PARATUS is expressly requested at any time to keep the CLIENT's data confidential.
15. APPLICABLE LAW
15.1 These General Conditions are governed by Angolan law and shall be construed in accordance with that law.
16. GUARANTEES AND INDEMNITY
16.1. ITA PARATUS guarantees and declares to the Customer that it is an Angolan company, duly incorporated and validly existing under the laws of the Republic of Angola, that it has all the necessary powers and authorizations 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 under this contract will not result in the violation of any applicable law or the rights of third parties.
16.2. ITA PARATUS undertakes unconditionally and irrevocably to indemnify the Customer and to hold the Customer harmless for any losses, damages or costs resulting from the breach of any of these guarantees.
17. LITIGATION, CONCILIATION AND JURISDICTION
17.1. If a dispute of any kind arises between the parties as a result of or in connection with this agreement, both ITA PARATUS and the Customer shall be entitled to seek injunctive relief in any competent court, and nothing stipulated in this agreement shall be construed to prohibit a party or its affiliate from having recourse to any other remedies available to it in the event of actual or announced default.
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. NETWORK SECURITY
18.1 ITA PARATUS shall not be responsible for the Security of the Customer's Network, unless the Customer so requests.
18.2 If ITA PARATUS is contracted to install and maintain Network Security Products on behalf of the Customer, ITA PARATUS will use all reasonable efforts to provide high quality Network Security Services and Products in order to protect the Customer's Network from any domestic or foreign threats. However, ITA PARATUS shall not be liable for data losses resulting from any delays, non-deliveries, delivery failures or service interruptions caused by a breach of Network Security.
18.3 ITA PARATUS 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. ITA PARATUS is responsible for participating fully in the definition, design and implementation of this Network Security Policy under the terms of the agreement between ITA PARATUS and the customer. ITA PAR ATUS undertakes to assist in the implementation of the rules established by the customer.
18.5 The assistance provided by ITA PARATUS in the design and implementation of the Network Security Policy must be guided by high quality standards.
19. FORCE MAJEURE/IMPOSSIBILITY OF PERFORMANCE
19.1 GROUNDS FOR EXEMPTION FROM LIABILITY
19.1.1 ITA PARATUS 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 insofar as the affected party can prove -
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, strikes of zeal, 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 Contract by giving written notice to ITA PARATUS to all other parties to this Contract.
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. RESOLUTION
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, expenses of losses 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 by ITA PARATUS.
21. GENERAL PROVISIONS
21.1 The parties choose as their domiciles 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.
