HOSTING TERMS AND CONDITIONS
This document defines the terms and conditions and the service level agreement for the provision of hosting services for Online Enica Software. It should be read in conjunction with the Enica Ltd ‘Terms and Conditions of Sales and Service’ and is regarded as a Service Offering as defined in those conditions.
1. Definitions Data Collection
Collection of data from metering and logging devices supplied by Enica Ltd. Data Import: import of data supplied by the Customer by email, FTP, or other agreed transfer mechanism. End User: means any user of Enica Metering Systems software. Order: request by Customer to purchase Products or Services from Enica Ltd. Price: the charge for Products &/or Services payable by Customer to Enica Ltd Quotation: written quotation for the supply of Products &/or Service provided by Enica Ltd for the Customer. Named Users: named users nominated by the Customer to raise support calls with Enica Ltd. Support and Maintenance: support and maintenance of Enica software as defined in the ‘Enica Support Terms and Conditions’. Enica Hosting: Offering providing Internet access to a shared, Online software application. Hosting Services: Internet based hosting services as defined by this document. Software: computer operating systems, middleware, applications or other software that is manufactured, owned or licensed by Enica Ltd Working Hours: the time that support can be provided by Enica Ltd as defined in 17. This document defines the terms and conditions and the service level agreement for the provision of hosting services for Online Enica Software. It should be read in conjunction with the Enica Ltd ‘Terms and Conditions of Sales and Service’ and is regarded as a Service Offering as defined in those conditions.
An Order for Hosting Services from the Customer shall be regarded as an offer by Customer to purchase Hosting Services under the Enica ‘Terms and Conditions of Sales and Service’ and as defined in this Service Offering.
3. Price and Payment
The price for Hosting Services is generally included in the original quotation for the purchase of Enica software and will be clearly indicated. Enica reserves the right to increase the Price for any reason including but not limited to exchange rate, cost of hardware or Internet connection fees.
4. Support Offering
The nature of this agreement is for the provision of Hosting Services for Enica Software. This agreement includes the following key features:
a) Provision of a Data Collection and Data Import service
b) Provision of server hardware for running of Enica software
c) Provision of operating systems
d) Provision of database
e) Regular database backups For clarity, this agreement does not cover the following:
f) Support of hardware, network or communications infrastructure on the Customers site.
g) Support of Internet Explorer or any other Internet browser, used to access Enica software.
5. Enica Hosted Software
Enica Hosted Software, is a particular Service Offering where Customers share a single application and database. Each customer has access to their own sites and metering data only.
The servers used to host the database and website are located in 3rd party datacentres to provide optimum security, reliability and performance. This datacentre/server hosting company has it’s own Service Level Agreement to Enica Ltd (copies available on request).
Enica Ltd will take all reasonable efforts to ensure that metering data and other configuration parameters are not visible or accessed by other Customers. However, the Customer acknowledges that the very nature of communication via the Internet restricts Enica Ltd from offering any guarantee to the privacy or confidentiality of information relating to the Customer. Any breach in privacy should be reported to Enica Ltd immediately.
6. Software Upgrades
Software upgrades to Enica Software will be applied by Enica Ltd as soon as a new version is available. These will always be provided and there is no provision for maintaining any other version than the current version in the hosted environment.
7. Database Bac
Enica Ltd performs a regular database backup which is stored in a separate datacentre.
8. Raising a Support Request All requests for support should be logged via email to Enica to the relevant Account Manager.
Enica Ltd hall exercise reasonable care in providing the Hosting Services and use reasonable efforts to make the service available at all times. Where possible, Enica Ltd will notify the Named Users at the Customer of non availability of the Hosting Services.
It is the responsibility of the Named Users to pass this information on to all users of Enica Software associated with the Customer. Enica Ltd shall be entitled, without any liability, to carry out ongoing maintenance, updating or alterations to the Enica Software or the Hosted Service that may result in loss of access from time to time without prior notice.
11. Anti Virus Prevention
Enica maintains antivirus checking software on the network and has a strict policy on checking all software loaded onto the hosting environment. However, due to the nature of computer viruses, Enica Ltd is not able to guarantee that provision of the Hosting Services will be virus free. It is the Customer’s responsibility to ensure that adequate security and antivirus software is in place on all machines accessing the Hosting Services.
12. Data Collection
Where the Customer has placed an Order for a Data Collection service from Enica Ltd, data will be collected from the designated meters or loggers and imported into the Enica Software.
Enica Ltd performs occasional ad-hoc checks on the collection of data to ensure that data is being collected as expected. Enica does not analyse this data or comment on whether it is appearing as expected unless pre-agreed with the customer.
It is the Customers responsibility to check Enica Software to ensure that data is appearing as expected. If data is missing, the Customer should raise a support call to Enica Ltd
13. Data Import
Where the Customer has placed an Order for a Data Import service from Enica, data will be received by email, FTP or other agreed method from the Customer or other 3rd party and imported into Enica Software.
It is the Customers responsibility to check Enica Software to ensure that data is appearing as expected. If data is missing, the Customer should raise a support call to Enica Ltd.
It is the Customer’s responsibility to ensure that data files forwarded to Enica Ltd are free from viruses. Failure to ensure this may result in termination of the Data Import service.
14. Data Export
The Customer is free to export their own metering data from Enica Software at any time using the standard export facilities.
15. Privacy or Confidentiality
The Customer acknowledges that the very nature of communication via the Internet restricts Enica Ltd from offering any guarantee to the privacy or confidentiality of information relating to the Customer passing over the Internet
In gaining access via the Internet, the Customer acknowledges and accepts that electronic communication may not be free from interference by unauthorised persons and may not remain confidential. The Customer therefore accepts that access and storage of data is at its own risk.
16. Disaster Recovery
In the event that Enica Ltd experiences a significant problem with the Hosting Services, that results in or is expected to result in the loss of service for in excess of 10 working days, Enica may transfer the service to a different datacentre environment.
In the event that Enica transfers the service to a different datacentre environment, the Customer acknowledges that the following may occur. a) There may be a loss of data imported into the Enica Software after the last database backup was taken. b) While the IP address registered against the domain names is changed, the Customer may need to access the software via an IP address and not the normal domain name. d) Data Collection and Data Import services may not be available.
17. Working Hours
Enica Ltd support and maintenance is only provided during Enica’s normal working hours. These are 09:00 to 17:00 Monday to Friday UK time. No support is provided on UK Bank Holidays or between Christmas and New Year.
18. Change in Terms and Conditions
Enica Ltd reserves the right to change these service level agreements or any part of this Service Offering at any time. The latest version of these terms and conditions is available from www.enica.co.uk
19. Fees and Cancellation
The Customer can terminate the Hosting Services at any time. However, the Customer acknowledges that no refund will be provided by Enica Ltd.
Hosting Services, including Data Collection airtime or other charges are charged on an annual basis starting from the date of installation. Unless the customer has canceled the Hosting Services, Enica will invoice the customer for the Hosting Services approximately 30 days prior to the renewal. If the Hosting Services fee is not paid by the renewal date, your account and data may be removed. It you wish to restart the software access agreement at a later date after an agreement has ended, there will be fees applicable to creation of Enica Hosted accounts and the reinstatement of any removed data, if available.
20. Intellectual Property
All Intellectual Property Rights (IPR) including without limitation copyright in all information, specifications, drawings, screen layout, functionality, technical descriptions or other document in the Software shall remain with Enica Ltd.
All Intellectual Property Rights in the metering data shall remain with the Customer.
In no event shall Enica Ltd be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, loss of contracts, or for any financial or economic loss or for any damages or losses, special, direct, indirect or consequential loss or damages whatsoever) arising out of the use or inability to use Enica Software or the Hosting Services.
The Customer indemnifies Enica Ltd from and against any loss, damage, cost (including the cost of any settlement), expense or any liability suffered or incurred by Enica Ltd arising out of Enica’s possession or use of data, information or articles supplied by the Customer to Enica Ltd, including the infringement of any intellectual property rights resulting from the use or possession by Enica Ltd of data, information or articles supplied by the Customer to Enica Ltd.