eCloud Public Product Terms.

eCloud Public

Definitions – Conditions

Given Customers may place their own orders for eCloud Public via the Customer’s ‘MyANS’ portal, self-provision services according to their own requirements, purchase a version without support and/or chose the PAYG Option, where a Customer purchases eCloud Public the ANS standard terms and conditions shall be varied as follows:

“Agreement” shall be deemed to also include reference to any self-select order placed in the ‘MyANS’ portal but shall exclude any reference to the SLA where the Services exclude support.

The amended definitions of “Customer”, “Initial Term”, “Invoice” and “Services” set out below shall apply and a new definition of “PAYG Option” shall be added. The Agreement shall be construed accordingly.

“Customer” means any person or organisation with whom the Company enters into the Agreement and as stated on the Quotation or as entered by the Customer in the “MyANS” customer portal (as the case may be).

“Initial Term” means the minimum term stated on the Quotation or in the case of a self-select order on the Invoice, in each case the minimum term commencing from the date upon which the Services are made available to the Customer. If the PAYG Option is selected by a Customer for all or part of the Services, no minimum term shall be applicable to those Services to which the PAYG Option applies and the Agreement shall be construed accordingly.

If the PAYG Option is selected by a Customer, the definition of Initial Term shall be deleted.

“Invoice” means the invoice which is generated following a self-select order made by the Customer through the “MyANS” customer portal.

“Minimum Monthly Spend” means where the Services require one, a minimum monthly spend as detailed on the Quotation or to the extent applicable to the self-selected order made by the Customer stated within the MyANS portal.

“PAYG Option” means an option to pay for all or part of the Services according to the volume of resources consumed, and/or the length of time in hours (in minimal intervals of one hour) that the Services are consumed for, by the Customer with no applicable minimum contract term applicable to the relevant Services.

If support is not purchased by the Customer, the definition of “Services” shall be varied as set out below and the definition of and any references to “SLA” shall be deleted and the Agreement shall be construed accordingly.

“Services” means the services to be provided by the Company described in the Quotation and/or the self-select order placed by the Customer within the MyANS portal and where support services are comprised within the Services, the SLA to be provided by the Company to the Customer.

Charges

Clause 6.1 of the Agreement shall be deleted and the following clauses 6.1 and 6.2 inserted into the Agreement and the remaining clauses in Clause 6 shall be consequentially re-numbered accordingly.

6.1 All charges for the Services, shall be detailed either on the Quotation (including (where applicable) Minimum Monthly Spend commitments) or on the Invoice (where a Customer makes a self-select order recorded in the MyANS portal).
Invoices shall be raised and be payable in sterling unless otherwise agreed in writing with the Company.
Monthly fees which are agreed to be paid in advance (if applicable) as stated on the Quotation will be invoiced following signature of the Quotation. For Services detailed on an Quotation invoicing of fees for subsequent months shall commence 30 days after the Services are made available to the Customer (monthly in advance) unless otherwise agreed and stated on the Quotation.
For self-select orders within MyANS, invoicing of fees shall commence 30 days after the Services are made available to the Customer (monthly in arrears).
All payments shall be due to the Company on presentation of invoice or as otherwise stated on the Quotation or recorded in the MyANS portal (as the case may be).

6.2 The pricing set out in the Quotation or on the Invoice (as the case may be) is estimated to the extent that the actual cost during the term of the Agreement may vary based upon options selected by the Customer from time to time for CPU, RAM, bandwidth capacity according to the selected VPC level edge router, memory/disk space, IOPS performance, back-up, total bandwidth and support option.
Any adjustments to fees following changes agreed by the Customer or self-selected in the “MyANS” customer portal (as the case may be) will be charged to the Customer on the successive monthly invoice after the changes are made.

Term and Termination

Clause 11.2(a) shall be deleted and a new clause 11.2 (a) inserted as follows:

1. Where there is an applicable Initial Term to all or part of the Services, by the Customer giving the Company not less than 30 days’ prior written notice (in accordance with Clause 16.1) which notice shall expire on or after expiry of the Initial Term, or where the PAYG Option is selected, by the Customer at any time on notice to the Company.

Where the PAYG Option is selected in respect of the relevant Services to which the PAYG Option applies, by the Customer on any time on written notice to the Company.

Where reference is made to signature of an Quotation in Clauses 11.1 and 27.1 but a Customer has placed a self-select order, such Clauses shall be construed to include electronic submission of the Customer order via the Customer’s MyANS portal, if applicable.

Standard SLA applies only if support option is purchased by the Customer.

Data Protection

A new clause 17.18 shall be inserted as follows:

The Customer shall have, prior to entering into the Agreement, the right to nominate from a specific list, which data centre in the EEA the Customer’s Data will reside. Services involving support and/or maintenance will be provided from the United Kingdom, irrespective of the location of the Customer Data.