1. Services: Amanah Tech Inc. (Amanah) maintains a data center and backbone for the provision and rendering of its collocation & Dedicated Servers services.
1.1. Colocation Services: Customer desires to locate its server(s) at Amanah’s facilities to connect to the Internet using Amanah’s backbone connections. Amanah will allow the Customer to perform the installation and hook up the Customer’s server/s to Amanah’s Network. The term, “setup/installation” shall mean placement of Customer’s server/s on Amanah’s racks, connecting to the raw power source and UPS, and an Ethernet port on Amanah’s hub. Customer agrees to have its server fully operational upon connection. The terms of this Agreement do not provide service for trouble shooting or maintenance of Customer’s server/s. The Customer is solely responsible for trouble shooting, maintenance and system administration of Customer’s server/s. Any support/emergency service supplied that was caused due to customer error (Hardware, Software, reboot, etc.) is considered to be a billable service for $50.00/hour (fifty) during business hours and $100.00/hour (one-hundred) after business hours.
1.2 Dedicated Server Service: Amanah will provide Dedicated Server hardware, Internet connection and admin/root access for the Customer to access and administer their rented server. Amanah will provide an initial operating system and network configuration for all Dedicated Servers at point of setup. Amanah will provide free hardware support, network and power support and will guarantee server up-time. After initial setup, Customer is then fully responsible for the server’s software support, maintenance, server security and data backup. Amanah is not responsible for any kind of software support and any software support is considered to be a billable service for $50.00/hour (fifty) during business hours and $100.00/hour (one-hundred) after business hours.
2. Support: Support is available during regular business hours from Monday to Friday, 8:00am to 5:00pm (GMT - 5) & after business hours in case of emergencies. Amanah Support can be reached at all times via email support@amanah.com or via phone at +1416- 603-9825.
3. Service Legal Agreement (SLA): Amanah guarantees a 99.9% up-time at any given calendar month. For any additional unscheduled down time and for each hour (or part thereof) that the Service is unavailable (Network Down) due to the direct fault of Amanah, the Customer shall be eligible for 1 day reduction in the Fees to be deducted from the next invoice up to a maximum of 30 days reduction for any single incident. On request by Amanah, Customer must provide written evidence of the outage being the direct fault of Amanah, which shall be assessed and must be accepted by Amanah at its reasonable discretion before such credit will be applied. Both parties agree the service credit (if granted) represents the full and final compensation for the incident and as a condition of accepting the credit the Customer waives any and all legal rights to take action against Amanah relating to the incident. This credit offer is not transferable, redeemable for cash or exchangeable for any other benefit to the Customer.
4. Terms: This Agreement shall commence on the Activation Date and shall continue for two (2) years unless a different date is agreed upon on service summary page (“the Initial Term”). After the initial term of two (2) years, the contract will be automatically renewed for another period of one (1) year under the same term and conditions unless terminated by the parties with a prior written notice of a minimum of 60 days.
5. Termination: If the Customer wishes to terminate the Agreement before the end of the Initial Term, it must provide a request to Amanah in writing, and as a condition of accepting the request for termination, Customer must pay as a single sum the remaining Fees until the end of the Initial Term as raised as an invoice by Amanah.
6. Fees: All fees specified are in Canadian dollars. The Customer agrees to pay all fees payable under this Agreement in advance, prior to activation of Customer connection. The Amanah accepts payment by Master Card and Visa Credit Card number on file for all recurring monthly charges, service charges, excess bandwidth charges, managed services fees and any other fees or charges for services provided pursuant to this Agreement.
7. Excess Bandwidth: Customer has the ability to shut down bandwidth to its server upon reaching the amount of bandwidth purchased pursuant to this Agreement. If Customer fails to shut down bandwidth when the amount purchased is reached, Customer authorizes Service Provider to invoice and or charge the credit card on Customer’s file ($25.00/Mbps) (Twenty Five Dollars) Per Mbps.
8. Returned Checks and Credit Card Failure: If a check is returned for insufficient funds, improper signature or any other reason, Amanah will immediately notify the Customer of the same whereby the Customer will have 7 days to solve the problem. The Amanah will charge a $50.00 (fifty) returned check fee. If payment is made by credit card and the credit card on file fails to provide sufficient funds due to expiry, loss or theft, cancellation, issuer rejection or any other reason whatsoever, Amanah will notify Customer by email of the same and Customer will have a 7 (seven) day grace period to solve the problem. Services will be suspended until all outstanding balances are paid in full. Amanah will charge Customer an additional reconnection fee or $50.00 (fifty) to restore services after full payment is received. If Customer fails to pay the outstanding balance within 30 (thirty) days of notification, Amanah has the right to permanently cancel all services and terminate the Agreement. Such cancellation and termination shall not relieve Customer of its obligation to pay all amounts owing to Amanah under the Agreement.
9. Credit Card Disputes: Customer will be responsible for all costs associated with any dispute responsible for all costs associated with any dispute regarding charges to Customer Credit Card, including, but not limited to fees assessed by banking institutions for processing any such dispute; however, that Amanah will be responsible for such costs if the dispute is in regard to any charge resulting from negligence on the part of Amanah.
10. Collection of Delinquent Accounts: In the Event that Amanah refers Customer’s account to collection agency, the collection agency’s fees will be added to Customer’s account. Failure to pay an outstanding amount may be reported to any and all credit reporting agencies according to the laws governing such action in Canada and it Customer’s country of origin. All fees and expenses associated with collection of Customer’s account, including those incurred by Amanah, will be added to Customer’s account and form part of the outstanding debt; including, but not limited to charges for long distance, fax, delivery, court appearances and legal fees related to such collection.
11. Customer Responsibilities & Assurances: Customer is responsible for ensuring that Amanah is provided with current and up-to-date personal and billing information. Customer shall have access to its personal information profile online at Amanah’s website. Amanah is not responsible for actions taken as a result of Customer’s failure to receive any notice from Amanah as a result of information that is incorrect, incomplete or out of date.
12. Customer acknowledges that Amanah is providing access for Customer use only. Customer is responsible for ensuring that no unauthorized use is made by other persons. If Customer allows access by unauthorized persons, service will be discontinued.
13. In the event that Amanah issues access cards, user name, password and/or other log-in identifier(s), the Customer is solely responsible for maintaining secrecy of the log-in identifier(s). If the Customer has reason to believe that this information has been divulged to any other party, or that any unauthorized access has occurred not due to the negligence on the part of the Customer. Customer will immediately notify Amanah of the same.
The customer hereby indemnifies and holds Amanah harmless for any loss or damages resulting from the divulgence of any log-in information by Customer, or any of Customer’s employees, to an unauthorized person. Amanah agrees not to cause a breach of the confidentiality of information passing through its services, except by court order, but reserves the right to access such confidential information if required in order to trouble shoot and correct any problems associated with Customer equipment.
14. Customer’s use of the services will at all times be for lawful purposes only. Customer agrees to comply with the rules and regulations established by Amanah and by other networks accessible via the system.
15. Customer acknowledges that the transmission of material which violates any provincial or federal law, rule or regulation is prohibited; including, but not limited to material which is pornographic, obscene, slanderous, malicious, hateful, or otherwise offensive or threatening, or which is subject to copyright, trade secret or other proprietary rights. Amanah reserves the right to disconnect Customer’s server from Amanah’s systems if the server is found to contain any such material.
16. Use of Customer’s server, Amanah’s services, or any other network devices or servers by Customer for any of the following purposes is expressly prohibited, and will result in immediate termination of this Agreement:
16.1 performing downloads or uploads which interfere with the operation of any part of Amanah’s systems;
16.2 sending unsolicited emails, spam, junk mail, chain letters or any other illegal transmission;
16.3 manipulating Amanah’s systems to allow operation of programs accessed via the Internet while not actively online;
16.4 host illegal adult-related websites.
17. Customer hereby indemnifies and holds Amanah harmless for any use of the services by Customer and/or its employees that constitute an illegal activity.
18. If Amanah has reason to believe that the services are being utilized for unlawful purposes by Customer, or used in contravention of the terms and conditions of this Agreement, Amanah may immediately discontinue the services without liability.
19. Amendments: Amanah has the right to modify the terms of this Agreement upon 30 (thirty) days written notice to Customer, which may be given by email, fax or regular mail. The notice shall set out the amendments and the effective date thereof. Any changes to the fees shall not be retroactive, and shall take effect at the end of the period for which Customer has already paid. If the Customer continues to use the services following the effective date of the amendments, such continued use shall constitute acceptance by Customer of amendments.
20. Warranties & Liability: Amanah makes no warranties of any kind, either express or implied, for the services or any part thereof. Amanah specifically denies any responsibility whatsoever for the accuracy or quality of information obtained through its services, and any use of such information is at the sole risk of Customer. Amanah is not responsible for the status of any date stored or transmitted in any of its facilities.
21. Customer hereby indemnifies and holds Amanah harmless for any claims resulting from use of the service which causes damage or loss to Customer, or any other party, including but not limited to loss of data resulting from delays, non-delivery of information, or service interruptions. Further, Customer acknowledges and agrees that the use of Amanah’s facilities includes the possible risk of a damaging event such as electrical surge, theft, line, failure, computer viruses or worms, or acts of God which could affect data or access availability. Amanah is not liable for any losses caused by such events or occurrences.
22. Amanah is not responsible for the content on its users’ web pages and/or illegal, obscene or harmful material that is accessible through the use of the services.
23. Force Majeure: A Party shall have no liability to the other Party under this Agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Exchanges or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the other Party or Customer is notified of such an Event and its expected duration.
24. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of (Ontario, Canada) and the parties hereby stipulate and agree that the exclusive venue for the resolution of all disputes pursuant to this Agreement shall be the Province of (Ontario, Canada).
25. Entire Agreement: This Agreement and any schedules attached hereto constitute the entire agreement between the parties to this Agreement pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth herein.
26. Articles Severable: If any article, section, paragraph or provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement.