Service Sheet - Web Hosting

1. Services

1.1 This Service Sheet applies to the following Web Hosting Services:
(a) Shared;
(b) Dedicated;
(c) Co-located;
(d) Managed;
(e) Managed Services; and
(f) Search Engine Optimisation (“SEO”).

The relevant Web Hosting Services are specified in and on the terms and conditions set out in the Cover Sheet, this Services Sheet, the General Terms and Conditions and various Policies and Services Level Agreement published on the BlueCentral website (all of which are referred to as “the Agreement”).

1.2 Web Hosting Services consist of (a) internet connectivity services (“Bandwidth”), (b) certain equipment used in internet connectivity services (“Hardware”), (c) rack space in its business premises to store and
operate such Hardware (“Racks”) and (d) licensing of the associated operating system and web server applications (“Software”), all as detailed and for the Fees set out in this Cover Sheet.

2. Managed Services

2.1 Managed Services: BlueCentral offers a range of solutions and products from time to time listed on the BlueCentral website (“Managed Services”) for maximising performance of the Web Hosting Services. Managed Services include remote and onsite security and systems management (including managed back up, firewall and load balancing), administration and monitoring (with active incident response), patch and version testing and installation, online customer access through a Control Panel for reports.

The Control Panel is a unique Customer website with access restricted to
authorised users nominated by Customer who has been assigned a User ID and password.

2.2 Services Level Agreement: BlueCentral will provide the Managed Services in accordance with the Services Level Agreement, including without limitation, response and notification times and executing response procedures.

2.3 Patches:
(a) Notifications: BlueCentral will notify Customer through the Control Panel of new patches to and new versions of the operating system, databases, web/application servers, firewalls and security applications promptly on being informed of those new patches and versions through the Third Party Vendor Tools as they become available. For purposes of this Agreement, “Third Party Vendor Tools” means Microsoft Baseline Security Analyser and Linux Redhat Update.
(b) Installation: BlueCentral will install a patch and/or version only on receiving a written request from the Customer which request shall be made by clicking on the appropriate box relating to that patch in the Control Panel.
(c) Testing: although BlueCentral will test each patch and/or version in a clean environment prior to installation, it cannot guarantee that a patch will not harm other software and applications on Customer’s servers. Customer is solely responsible for verifying compatibility of each patch with all third party software and applications installed on each server. Customer agrees that, by clicking the appropriate box on the Control Panel to request installation of a patch and/or version, it acknowledges that it accepts full responsibility for compatibility of the patch and/or version with software and applications
on the server or servers on which the patch and/or version is to be installed.
(d) Database: BlueCentral will maintain a database of information relating to the operating systems, databases, web/application systems, firewalls and security systems, including version numbers of each, for each of Customer’s servers, in order to monitor availability of patches and new versions for software on each server.
(e) Technical Account Management Services: if the installation of a patch
and/or version requested by Customer causes a serious degradation in the operating performance of the server on which it is installed, Customer agrees to pay BlueCentral at its standard Technical Account Management rates then in force for recovery support provided by BlueCentral in rolling back the installation of the patch or version.
(f) Indemnity: Customer agrees to and shall indemnify and hold harmless BlueCentral against any loss, expenses, liability, damages or claim made against it (including without limitation arising out of reliance by BlueCentral on Third Party Vendor Tools) by any party whatsoever (including without limitation Customer, a user or any party claiming through Customer) which BlueCentral may suffer, directly or indirectly, resulting from or arising out of the installation of a patch or version approved by Customer.
2.4 Application Monitoring:
(a) Notifications: BlueCentral will notify Customer via the ticketing system (email and SMS) of alerts. BlueCentral deliver these services on a best efforts basis only. SMS alerts are delivered via a third party messaging partner.
(b) Included SMS alerts: Number of SMSs included at no additional charge per month is dependant on the level of monitoring delivered by BlueCentral typically Std = 5, Adv = 15, Prem = 25 (SMSs a month) included. Each additional SMS will be charged at 50c per month and maybe charged on a three, six or twelve monthly basis.

3. Search Engine Optimisation Services

3.1 Customer acknowledges that SEO Services consist of analytical, reporting and other tools which Customer may use to assist in improving the position of Customer’s website in search engine results in response to search requests but which do not guarantee that the position of Customer’s website in search engine results in response to search requests will improve. Customer further acknowledges that, where SEO Services result in an improvement in the position of Customer’s website in search engine results in response to search requests, that result may only be maintained for a short period or periods.
3.2 BlueCentral specifically disclaims all warranties, express or implied, and Customer acknowledges that BlueCentral does not warrant, expressly or by implication, that SEO Services will improve the position of Customer’s website in search engine results in response to search requests.

4. Technical Account Management Services

4.1 BlueCentral may from time to time recommend Technical Account Management Services to complement the Services provided under this Agreement, including without limitation under clause 2.3(e). For these purposes “Technical Account Management Services” means the services specified in clauses 2.3(e) as well as any implementation, training, software modification, consultancy or other services recommended by BlueCentral and described in a Schedule to this Agreement which includes projected dates for completion of the services recommended.

4.2 Customer is solely responsible for deciding to implement any recommendation by BlueCentral for Technical Account Management Services, as indicated by its execution of the Schedule.

4.3 BlueCentral will provide Professional Services at its standard Technical Account Management rates from time to time in effect and set out in the Schedule of Technical Account Management Services.

5. Passwords

5.1 Control Panel: “Control Panel” means a unique, live and interactive website page individualised for Customer which Customer may access at the BlueCentral Website after supplying its User ID and Password. When accessed, the Control Panel enables Customer to view the current status of its Services and reports of operation of Services, and to perform maintenance and other functions on components of Services, Hardware and Software, including configuring website and email services and for accessing Customer support services.

5.2 Password Access: BlueCentral will provide Customer with User ID and Password access to Control Panel for purposes of configuring website and email services and for accessing Customer support services. Customer is solely responsible for maintaining the secrecy and confidentiality of User IDs and Passwords assigned to it or its nominated representatives.

5.3 Root or Administrative Password Access: Where Customer is using Dedicated Services, Customer will provide BlueCentral with root level access to all Hardware enabling it to remotely access the Hardware at any time. If Customer revokes BlueCentral’s ability to access the Hardware, whether by change of passwords, usernames or otherwise, Customer immediately waives all rights to maintenance services, and the Service Level Agreement shall be immediately terminated.

6. Technical and Operational Limitations

6.1 Risk Mitigation Measures: Customer acknowledges that Risk Mitigation
Measures constitute an additional component to Services provided under this Agreement for which a separate fee is payable. Customer is solely responsible for defining back up schedules and all data and applications which it requires backed up. Customer further acknowledges and agrees that if it elects not to take Risk Mitigation Measures offered by BlueCentral and if it does not utilise a RAID capable system or equivalent or disaster recovery measures provided by another service provider, it may experience data loss of both configuration and content with potentially no means of data recovery in the event of hard drive failure from any cause whatsoever.

6.2 System Security: Customer acknowledges that Network and Application Security Measures constitute additional component to Services for which a separate fee is payable. Customer also acknowledges and agrees that if it elects not to take Network and Application Security Measures offered by BlueCentral, including without limitation TCP/IP packet filtering or companion firewall services, it may be vulnerable to network attacks including but not limited to denial of service (DOS) attacks, Information gathering attacks and exploitation attacks. Customer further acknowledges that although Network Firewalls and Systems Administration tasks are appropriate measures to maintain integrity of system and prevent intrusion, they cannot be considered to provide a guaranteed system penetration prevention solution.

6.3 Operating Systems: Customer acknowledges that Microsoft Windows and RedHat LINUX operating systems and companion/additional software are products of third party vendors, and are not guaranteed in any way whatsoever by BlueCentral. Customer acknowledges that if it elects
(a) not to take companion system administration services offered by BlueCentral for a separate fee, and
(b) not to utilise independent administration measures, it will be more vulnerable to security breaches and/or operation faults in its operating systems.

6.4 Scalability: Customer acknowledges that the processing capacity of any system is directly related to hardware capacity, application design and operating system design. However, TCP/IP connections, concurrent applications, scripting, and disk transfer may also constitute limiting factors to the processing capacity of the system. Customer further acknowledges that an upgrade of Hardware to provide additional processing capacity may be by itself insufficient without appropriate Load Balancing/Clustering or similar solutions, and that it is solely responsible for the effectiveness of Hardware upgrades if it elects not to consult and/or follow recommendations of BlueCentral with respect to associated Load Balancing/Clustering or similar solutions.

6.5 Bandwidth and Data Transfer Records: BlueCentral will provide online interfaces to measure and track usage by querying switching infrastructure and to produce detailed and graphic records of in bound and out bound data traffic for billing purposes. In the event of a billing dispute, Customer acknowledges that it will accept these data traffic records as accurate and final records of the data traffic to which they relate.

6.6 System Operation: Customer is solely responsible for system operation which for purposes of this Agreement means all tasks necessary for utilising system software, including maintaining user databases, websites, email settings, configuration databases, uploading content, and all associated programming.

6.7 Internet Traffic Flow: Customer acknowledges that Internet traffic flow from and to BlueCentral’s Data Centres may be affected by events, including actions or inactions by third parties outside the control of BlueCentral and/or Customer, which may impair or disrupt Customer’s internet interfaces. Customer acknowledges and agrees that BlueCentral shall not be liable in any way for such
events.

7. Access to Data Centre

7.1 No right of Access: No Customer shall be entitled to have physical access to the Data Centre for any purpose whatsoever unless Customer has agreed to take Colocation Services from BlueCentral, and then only in
accordance with clause 7.2 and clause 7.3.

7.2 Colocation Services: Where this Agreement relates to Colocation Services, the Customer may only have physical access to the Data Centre if Customer has first:

(a) Given reasonable notice of request for access, which access is for the sole purpose of carrying out routine maintenance, system upgrades or
repairs;
(b) Agreed to pay the appropriate access fee from time to time and in effect at the time and set out on the website;
and
(c) Agreed to abide by such conditions as BlueCentral in its sole discretion deems
necessary to protect the security of the Data Centre and the facilities,
hardware and equipment located therein.
7.3 Colocation Lien: Where this Agreement relates to Colocation Services, the Customer grants BlueCentral a lien over all Customer’s equipment as security for Customer’s obligations under this Agreement, including without limitation its
obligation to pay all amounts due and owing under any invoice rendered under this Agreement. If Customer fails to pay all amounts owing under invoices by the due date, BlueCentral may in its sole discretion:
(a) restrict Customer’s physical access to Data Centre; and/or
(b) take possession of Customer’s equipment and store it, at Customer’s
expense, until taken in full or partial satisfaction of any lien or judgment, all
without being liable to prosecution or for damages, until BlueCentral receives payment in full of any overdue charge or expense in relation to any Services.

8. Insurance – Colocation

Where this Agreement relates to Colocation Services, Customer shall effect
and maintain for the Term comprehensive general liability policy of insurance with an insurance carrier and in a form approved by BlueCentral in an amount not less than the equivalent of AU$5,000,000 per occurrence for bodily injury and property damage caused or arising out of malfunctions of Customer equipment or actions of Customer, its agents or employees during physical access to Data Centre.

9. Dispute Over Ownership of Hosted Websites

Where for any reason whatsoever a dispute arises as to ownership of a website hosted through BlueCentral, BlueCentral may take such action as it may determine is necessary to safeguard its own interests, including without limitation suspending the Services until such time as the dispute has been resolved. In such instances customer agrees to indemnify
and keep indemnified BlueCentral against any liability for any claim, liability, loss or damages suffered by BlueCentral arising in any way whatsoever from any such actions.

10. Shared Web Hosting Services

Where a Customer elects to take Shared Web Hosting Services which includes Domain name registration and renewal, the Services Sheet for Domain Names shall also be incorporated into this Services Sheet.

Last Updated: 12 September 2008