1. Service Description. Colocation service allows a Customer to have equipment installed in a Colocation Facility for the purpose of delivering connectivity to the Customer for Services.
2. Definitions. All capitalized terms used and not otherwise defined below will have the same meanings set forth in the agreement between the parties.
2.1. “Colocation Facility” means the physical facility and space owned or leased by NICE.
2.2. “Colocation Space” means the physical rack space provided on an "as is" basis that the Customer Equipment occupies in the Colocation Facility.
2.3. “Colocation Space Rental Fee” means the fees specified in the order for the Customer Equipment to be located in the Colocation Space.
2.4. “Customer Equipment” means Customer's hardware approved by NICE.
2.5. “Customer Personnel” means a person authorized by the Customer, including employees, contractors, subcontractors, or agents acting on behalf of Customer.
2.6. “Escorted Facility Access Fee” means the fees charged for escorted access to NICE’s Colocation Facility.
2.7. “Colocation Fee” means the Colocation Space Rental Fee, Escorted Facility Access Fee and any other fees designated in the order or as result of Services.
2.8. “Normal Business Hours” means Monday through Friday 8:00 am to 5:00 pm local time where the Colocation Facility is located, excluding holidays.
2.9. “Rack Unit” means one (1) U in a rack designed to house routers and other approved equipment.
2.10. “U” means the unit of measure for space within a rack which is occupied by the Customer Equipment and is approximately 1.75 inches tall.
2.11. “Unscheduled or Emergency Maintenance” means all repairs, upgrades, inspection, maintenance or tests involving the Colocation Facility or Customer’s Equipment, which are not scheduled or about which the Customer has not received prior notification.
3. NICE Responsibilities. NICE grants the Customer the right to operate Customer Equipment in the Colocation Space at the Colocation Facility. NICE shall permit Customer Personnel escorted access by a NICE representative to the Colocation Facility where Customer has Customer Equipment installed at the Escorted Facility Access Fee rate. NICE will provide the Customer with thirty (30) days’ notice if NICE requires the Customer Equipment to be moved within the Colocation Facility or to another NICE Colocation Facility. NICE will monitor Customer usage of power. If Customer exceeds the usage specified in the order, NICE will require an increase in the Colocation Fee set forth in the Service Contract.
4. Customer Responsibilities. Customer will indemnify and hold NICE harmless from and against: (i) all loss and damage to Customer Equipment, including the other third party equipment collocated in the Colocation Facility, caused by any act or omission of the Customer or any of its Customer Personnel; and (iii) all loss and damage to NICE equipment, which prevents contracted service operations to Customer or NICE’s customer base due to negligence or any act of the Customer during the Service Term or upon removal of Customer Equipment until the Customer Equipment has been removed.
5. Equipment and Installation. Customer agrees to (i) install and maintain Customer Equipment according to NICE’s specifications and comply with safety and installation requirements; (ii) not interfere, adversely affect or damage equipment associated with NICE located in the Colocation Facility; (iii) ensure that Customer Equipment does not interfere with or adversely affect the Services; (iv) only use the Colocation Space for the purposes of maintaining and operating the Customer Equipment as defined in the Service Contract; (v) ensure that the Customer Equipment is securely located within the dedicated Colocation Space; (vi) test the Customer Equipment upon installation into the Colocation Space; (vii) ensure all Customer Equipment is fitted into the Colocation Space using the instructions provided by NICE; (viii) ensure Customer Equipment does not interfere with, adversely affect or damage equipment associated with NICE; (ix) allow NICE to inspect installation of Customer’s Equipment at the time of install; and (x) install duplicate equipment for redundancy in designated NICE Colocation Facilities.
6. Access and Security. Customer (i) is liable for any and all acts or omissions of the Customer Personnel at the Colocation Facility; (ii) agrees to provide notice to NICE using the system provided by NICE prior to visiting the Colocation Facility; (iii) will ensure use of Customer Equipment is in accordance with all applicable laws, regulations or codes of conduct; (iv) will comply with any security and access policies notified or provided to the Customer by NICE; (v) will provide NICE with written confirmation of Customer Personnel who have authorization to be admitted to the Colocation Facility on a per-visit basis; and (vi) understands that Customer Personnel will not be granted access to the Colocation Facility unless photographic identification for such Customer Personnel is presented to NICE at the point of entry.
Customer shall provide required information before access is granted to the Colocation Facility: (a) timely, written notice of any need to access their equipment, (b) accurate arrival time of Customer Personnel to the Colocation Facility, (c) amount of time required for access, at best estimate by Customer, and (d) professional, capable personnel trained and educated in the functions to be performed on Customer Equipment. Customer Personnel shall not photograph or video the Colocation Facility.
7. Expiration or Termination. Upon expiration of termination of Services, Customer Equipment must be removed from the Colocation Facility within ten (10) business days and, where Customer fails to do so, NICE shall charge additional storage fees.
8. Suspension of Colocation. NICE will be entitled to suspend Customer access to Customer’s Equipment for reasons deemed appropriate, those include but may not be limited to: (i) Unscheduled or Emergency Maintenance; (ii) required in order to comply with any law, regulation, court order, or request of a government body; (iii) planned outage; (iv) Customer fails to comply with Customer Equipment and Installation clause; or (v) failure to pay the Colocation Fee. NICE will not be liable to provide the Services where non-performance arises out of or in connection with a fault of Customer’s Equipment, any act or omission of the Customer or a third party which causes damage to any of NICE’s equipment, or if suspension of the Services arises out of, or in connection with, an act or omission of the Customer, then the Customer will pay to NICE all reasonable costs incurred by NICE in reconnecting the Services.
9. Rates. Customer is responsible for Colocation Fees which consist of NRC and MRC. The initial NRC pays for the initial escorted access to NICE’s Colocation Facility by a NICE representative at equipment install. The MRC covers the monthly use of the Rack Unit(s) assigned to the Customer, electrical power, and cross-connects between NICE’s equipment and Customer’s Equipment within the rack and power.
