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1-The equipment involved in this contract is property of BRASLINK, and will not become property of CUSTOMER, no matter how long the equipment is co-located. At the end of each period, CUSTOMER will have the option of purchasing the equipment at the price established by BRASLINK at the time this option is exercised, which will correspond with the market price at that time. BRASLINK will not sell individual components that are part of the server(s), such as memory chips, hard disks, etc.
2-The services above are requested for immediate implementation. The implementation time of services depending on third parties will be determined exclusively by the third party involved.
3-CUSTOMER hereby authorizes BRASLINK to take whatever measures are necessary to execute the requested services, including occasional requests for Local Loops with the Telephone Companies in the name of CUSTOMER, if such is in BRASLINK's best interest.
4- The services provided by BRASLINK may only be used for legal purposes, prohibiting the storage or transmission of illegal data in the United States or Brazil. CUSTOMER is responsible for all costs and civil and/or criminal lawsuits regarding the content of the website(s) and/or data contained in CUSTOMER's server(s)/website(s) and for the licenses of software used by CUSTOMER that were not provided by BRASLINK. CUSTOMER is completely and solely responsible for the licenses and software he/she installs in the server(s).
5- Payments not made by the deadline are subject to a 10% (ten percent) late fee, and the services may be suspended without previous warning, without the suspension of charges until the balance is paid off in full.
6- CUSTOMER's representative declares having the appropriate power and right to sign this document.
7- The current contract will be valid for the period of 1 (one) year. A breach of contract must be preceded by a notice, 30 days in advance. Should there be a breach of contract, a cancellation fee must be paid. The cancellation fee is calculated by multiplying 1/12 of the setup fee by the number of months remaining to complete the 1 (one) year contract.
8- CUSTOMER is completely and solely responsible for the security and maintenance of his/her data. BRASLINK will not be held responsible in any way for any loss of information. BRASLINK can, however, make daily backups of CUSTOMER's information, without any additional cost, as long as this is requested by CUSTOMER.
A firewall will be at CUSTOMER's disposal, whose ports may be opened or closed as desired by CUSTOMER.
9- BRASLINK reserves the right to suspend any services immediately should there be a recurring case of SPAMMING (i.e. the act of sending unsolicited e-mail) after CUSTOMER has received a previous warning, or in the occurence of a court order, or any violation of any clause of this contract.
10- This contract will be valid for 3 months and will be paid in advance if form of payment is not credit card or though automatic debits on an international credit card. No refunds will be maide in the case of an early breach of contract.
This contract will be automatically renewed unless canceled by either party with a previous warning of 30 days.
11- The activation of the co-located server(s) will take 1 to 2 weeks. The server(s) will be co-located in one of our facilities in Miami, FL - USA. CUSTOMER may visit the facility, provided that an appointment is previously scheduled.
12- Both parties choose the Court of the State of Florida, namely that of the City of Miami, renouncing any other, no matter how priviledged it may be.
RESOURCES INCLUDED IN THE REQUESTED SERVICE AND AT THE CUSTOMER'S DISPOSAL:
- Remote access via PC Anywhere (a 30 day trial copy given on the server's side, but client must have his or her own software and reinstall it in the server, using his or her own license).
- Firewall protection, ports open or closed at customer's discretion.
- Windows NT 4.0 Server (Add US$599.00 if not furnished by customer) or Windows 2000 server (add US$699.00 if not furnished by customer). ADD AS EXTRA IN THE DESCRIPTION OF REQUESTED SERVICES FIELD.
- Server: IIS 4 or 5 (depending on O.S.) with latest Service Pack
and patches installed
- Bind 4.95 DNS server
- Active Perl (if requested), Front Page Extensions, ASP
- If requested by customer, Braslink can purchase and install any software or application in the customer's server, as long as the amount for the software is paid by the customer.
- Linux/Unix Servers can be installed free of charge (Debian Linux) or if another brand is chosen (ex. Red Hat), then the customer will have to pay for the OS. Braslink will not maintain softwares or the OS unless it is explicitly listed in the Description of Requested Servers field.
- Braslink's POP servers can be used with no additional costs for the primary domain's email accounts. If the purpose of the server is to host sites of third parties, the customer must have his or her own email server software installed.
The servers are protected by:
- Daily Backups
- Remote security system that checks the server's performance every 3 minutes and boots it in the case of any abnormal activity, with email or pager-mail notification of detected abnormalities.
- Airconditioned room
- No-Break of 150 KVA
- Generator
- Remote power control that allows the server to be turned on or off via TCP-IP
- Hardware maintenance team
- Automatic communication of patches emitted by Microsoft
- Support through email or telephone in the cities of São Paulo e Miami.
If the customer wants to increase his bandwidth or request additional computers, the prices will be:
| Server |
RAM |
HD |
| Pentium
III 600Mhz (mínimo) |
128
MB |
IDE
20 GB
(minimum) |
|
| Limit of Link |
Fixed monthly price |
|
| 128 Kbps |
US$ 250.00 |
| 256 Kbps |
US$ 350.00 |
| 512 Kbps
|
US$ 450.00 |
| 1.5 Mbps
( T-1) |
US$ 700.00 |
|
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___________________, _________________________________
City
Date
____________________________
_______________________________
Braslink Network Inc.
Customer
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