CONCENTRIC NETWORK CORPORATION
0000 XXXXXXX XXXXXX XXXXX, XXXXX 000, XXXXXXX XXXXX, XX 00000
CONCENTRIC HOST SERVER SOLUTIONS SERVICE AGREEMENT
This Concentric Host Server Solutions Service Agreement ("Agreement") is made
and entered into on this 12 day of 6, 1999 ("Effective Date") by and between
Concentric Network Corporation, Inc., a Delaware corporation ("Concentric") and
XXXX.XXX, INC. ("Customer"), a Florida corporation with its principal place of
business at 00000 Xxxxx Xxxxx Xxxxx (0xx Xxxxx), Xxxxxx Xxxxx, XX 00000.
The Parties hereto agree as follows:
1.0 SERVICES
Subject to the terms and conditions of this Agreement during the term of this
Agreement, Concentric will provide to Customer the goods and services
(collectively, the "Services") as described and selected in the applicable
Co-location Order Form(s) and/or the Managed Server Order Form(s) (each an
"Order Form") attached hereto as Exhibit A.
2.0 PAYMENT AND INVOICES
2.1 Fees. Customer shall pay concentric all fees indicated on the applicable
Order Form. These fees and charges may include a one-time set-up charge, as well
as certain monthly fees.
2.2 Payment Terms. Billing will begin on the date that CNC notifies Customer
that the Service is available to Customer ("Anniversary Date"). Anniversary
Date, or availability, is the date regardless of whether Customer is prepared to
institute usage of the Service, when all services indicated on the Order Form
have been installed, activated, and have been successfully tested. Billing shall
reflect all corrected Services on the Order Form, and Customer is obligated to
pay CNC for such services. CNC shall invoice Customer monthly for the fees
payable under this Agreement, and Customer shall pay CNC such fees no later than
30 days after the invoice date. IF CNC does not receive payment in full for each
invoice within 30 days after the invoice date, CNC may add to Customer's account
late cxharge of 1.5% per month, or the highest amount allowed by law, whichever
is less.
2.3 Taxes. All fees are in United States dollars and exclude any applicable
taxes. Customer shall pay, indemnify and hold Concentric harmless from all
sales, use, value added or other taxes of any nature, other than taxes on
Concentric's net income, including panalties and interest, and all government
permit or license fees assesses upon or iwth respect to any fees due under this
Agreement (except to the extent Customer provides Concentric with a valid tax
exemption certificate). If any applicable foreign law requires Customer to
withhold amounts from any payments to Concentric hereunder: (a) Customer shall
affect such withholding, remit such amounts to the appropriate taxing
authorities and promptly furnish Concentric with tax receipt evidencing the
payments of such amounts; and (b) the sum payable by Customer upon which the
deduction or withholding is based shall be increased to the extent necessary to
ensure that, after such deduction or withholding , a net amount equal to the
amount Concentric would have received and retained in the absence of such
required deduction or withholding.
3.0 REPRESENTATIONS AND WARRANTIES
3.1 General. Each party represents and warrants that it has the right and
authority to enter into this Agreement, and that by entering into this
Agreement, it will not violate, conflict with or cause a material default under
any other contract, agreement, indenture, decree, judgment, undertaking,
conveyance, lien or encumbrance to which it is a party or by which it or any of
its property is or may become subject or bound. Each party shall, at its own
expense, make obtain, and maintain in force at all times during the term of this
Agrement, all applicable filings, registrations, reports licenses, permits and
authorizations necessary to perform its obligations under this Agreement.
3.2 Compliance with Laws. Customer represents and warrants that no consent,
approval or authorization of or designation, declaration or filing with any
governmental authority is required in connection with the valid execution,
delivery and performance of this Agreement. Each party shall, at its own
expenses, comply with all laws, regulations and other legal requirements that
apply to it and this Agreement, including copyright, privacy and communications
decency laws.
3.3 Acceptable Use. Customer is solely responsible for the content of any
postings, date or transmissions using the Services, or any any other use of the
Services by Customer or by any person or entity Customer permits to access the
Services. Customer represents and warrants that it will: (a) not use any
Concentric equipment or services in a manner that (I) is prohibited by any law
or regulation or concentric policy, or to facilitate the violation of any law or
regulation or such policy; or (ii) will disrupt third parties' use or enjoyment
of any communications service or outlet; (b) not violate or tamper with the
security of any Concentric computer equipment or
program; and (C) enter into an agreement with each of its end-users sufficient
to comply with the terms herein. If Concentric has reasonable grounds to believe
that Customer is utilizing the Services for any such illegal or disruptive
purpose Concentric may suspend or terminate Services immediately upon notice to
Customer.
3.4 DISCLAIMER. THE WARRANTIES SET FORTH IN THIS SECTION 3 ARE THE ONLY
WARRANTIES MADE BY CONCENTRIC. CONCENTRIC MAKES NO OTHER WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES, ANY RELATED SERVICE OR
SOFTWARE, OR THE FITNESS OF THE SPACE FOR CUSTOMER'S USE. CONCENTRIC HEREBY
EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM A
COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION GIVEN
BY CONCENTRIC, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY.
4.0 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL (A) CONCENTRIC OR ANYONE ELSE
INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING THE SERVICES, OR (B) WITH
REGARD TO THIRD-PARTY SOFTWARE, THE APPLICABLE LICENSOR, BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OR INABILITY TO USE
THE SERVICES, OR, IF APPLICABLE, THE THIRD-PARTY SOFTWARE, INCLUDING BUT NOT
LIMITED TO LOSS OF REVENUE OR LOST PROFITS, OR DAMAGES THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO CONCENTRIC'S RECORDS, PROGRAMS OR
SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN THE EVENT OF ANY BREACH BY CONCENTRIC OF THIS AGREEMENT,
CONCENTRIC'S LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNT PAID TO CONCENTRIC
BY CUSTOMER DURING THE PREVIOUS TWELVE MONTHS. IN THE EVENT OF ANY BREACH BY THE
THIRD-PARTY LICENSOR OF THIS AGREEMENT, SUCH LICENSOR'S LIABILITY TO CUSTOEMR
WILL NOT EXCEED THE AMOUNT PAID FOR SUCH THIRD-PARTY SOFTWARE.
5.0 CONFIDENTIAL INFORMATION
5.1 Definition. For purposes of this Agreement "Confidential Information" shall
mean information indcluding, without limitation, computer programs, code,
algorithms, names and expertise of employees and consultants, know-how,
formulas, processes, ideas, inventions (whether patentable or not), schematics
and other technical, business, financial and product development plans,
forecasts, strategies and information marked "Confidential", or if disclosed
verbally, is identified as confidential at the time of disclosure. In addition
to the foregoing, with respect to Third-Party Software (as defined below),
Confidential Information shall also include any source or object
codes, technical data, data output of such software, Documentation (as defined
below), or correspendence owned by the applicable Licensor. Confidential
Information excludes information that of the receiving party; (ii) was
rightfully known or becomes rightfully known to the receiving party without
confidential or proprietary restriction from a source other than the disclosing
party; (iii) is idependently developed by the receiving party without the
participation of individuals who have had access to the Confidential
Information; (iv) is approved by the disclosing party for disclosure without
restriction in a wirtten docuemnt which is signed by a fuly authorized officer
of such disclosing party; and (v) the receiving party is legally compelled to
disclose; provided, however, that prior to any such compelled disclosure, the
receiving party will (a) assert the privileged and confidential nature of the
Confidential Informqtion against the third party seeking disclosure and (b)
cooperate fully with the disclosing party in protecting against any such
discosure and/or obtaining a protective order narrowing the scope of such
disclosure and/or use of the Confidential Information. In the event that such
sprotection against disclosure is not obtained, the receiving party will be
entitled to disclose the Confidential Information, but only asl, and to the
extent, necessary to legally comply with compelled disclosure.
5.2 Nondisclosure. Until the later of three (3) years from the Effective Date,
or the expiration of the then current term as set forth on the Order From [sic],
each party agrees to maintain all Confidential Information in confidence to the
same extent that it protects its own similar Confidential Information, but in no
event less than reasonable care, and to use such Confidential Informaiton only
as permitted under this Agreement; in addition, with respect to the Confidential
Information of the Third-Party Software Licensor, Customer agrees that it shall
not use or disclose such information at an time either during the term or after
the termination of this
Agreement, except as required by law. Each party agrees to take all ressonable
precautions to prevent any unauthorized disclosure or use of Confidential
Informaiton including, without limitation disclosing Confidential Information
only to its employees: (a) with a need to know to further permitted uses of such
information; (b) who are parties to apppropriate agreements sufficient to comply
with this Section 5; and (c) who are informed of the nondisclosure/nonuse
obligations imposed by this Section 5; and both parties shall take appropriate
steps to implement and enforce such non-disclosure/non-use obligations.
5.3 Terms of Agreement Confidential. Subject to Section 7.1, each of the parties
agrees not to disclose to any third party the terms of this Agreement hereto,
except to advisors, investors and others on a need-to-know basis under
circumstances that reasonable ensure the confidentiality thereof, or to the
extent required by law.
5.4 Injunctive Relief. In the event of an actual or threatened breach of the
above confidentiality provisions, the nonbreaching party will have no adqequate
remedy at law and will be entitled to immediate injunctive and other equitable
relief, withoutbond and without the necessity of showing actual money damages.
6.0 TERM AND TERMINATION\
6.1 Term. This Agreement will commence on the Effective Date and continue for
the term elected by Customer as set forth on the Order Form which will begin on
the Anniversary Date. The initial term of any Order Form placed pursuant to this
Agreement for either Co-location or Managed
Server Services shall be a minimum of one (1) year. Absent written notice by
either party thirty (30) days prior to the end of the initial term or any
successive renewal terms, this Agreement will automatically renew for successive
one (1) year terms under the prices then in effect for the Services.
6.2 Termination. A party may terminate this Agreement upon written notice to the
other party:
(a) For any material breach of this Agreement, which the defaulting party fails
to cure within thirty (30) days following written notice by the non-defaulting
party of such breach; or
(b) Upon the other party's insolvency or liquidation as a result of which such
party ceases to do business for a continuous period of at least three (3)
months.
6.3 Effect of Termination. Customer shall comply with all applicable procedures
related to equipment removal upon termination. The obligations of Sections 3, 4,
5, 6.3 and 9 will survive any expiration or earlier termination of this
Agreement. In the event of any expiration or earlier termination of this
Agreement, Customer will (a) if applicable, immediately stop using the Third-
Party Software, and in the applicabvle Licensor's sole discretion, return or
destroy all copies of the Third-Party Software, Documentation (each as defined
below) and data output of such software; and (b) be obligated to pay to
Concentric fees and other charges incurred prior to termination. In addition, if
Customer fails to pay any invoice(s) for forty-five (45) days or more from the
date of this oivoice, Customer shall be denied access to the Space (as defined
below) until such time as the invoice(s) has been paid in full. Upon
cancellation Concentric reserves the
right to retain customer-woned equipment until all amounts due and payable to
Concentric have been settled. Finally, within ten (10) dayus after the
termination of this Agreement, if requested, Customer shall return to the
disclosing party all originals and copies of all Confidential Information which
has been fixed in any tangible medium of expression. If return of digital copies
is impractical, Customer may destroy the digital copies and send the disclosing
party written certification of such destruction.
7.0 MARKETING AND PROMOTION
7.1 Press Release. The parties may agree to cooperate to prepare and release a
joint press release rgarding this Agreement, subject to the approval of each
party, which must not be unreasonably withheld or delayed.
8.0 FACILITIES
8.1 The folowing terms and conditions will apply only if Customer has filed a
Co-Location Order Form:
(a) License to Occupy. For purposes of this Agreement, "Sapce" means the
Concentric facilities where Customer's hardware and software are stored and
operated. Concentric grants to Customer a non-exclusive license to occupy the
Space. Customer acknowledges that it has been granted only a license to occupy
the Space and that it has not been granted any real property interests in the
Space.
(b) Servides. Cocentric will provide Customer with the services ("Services") as
specified in the Order Form (i.e., "Remote Hands").
(c) Exclusions. Services shall not include services for problems arising out of
(i) modification, alteration or addition or attempted modification, alteration
or addition of hardware undertaken by persons other than Concentric or
Concentric's authorized representatives, or (ii) hardware supplied by Customer.
(d) Material and Changes. Customer shall comply with all applicable rules and
regulations, including equipment installation or de-installation, and alteration
of the Space. Customer shall not make any changes or material alterations to the
interior or exterior portions of the Space, including any cabling or power
supplies for its hardware. Customer agrees not to erect any signs or devices to
the exterior portion of the Space.
(e) Damage. Customer agrees to reimburse Concentric for all reasonable repair or
restoration costs associated with damage or destruction caused by Customer's
personnel, Customer's agents, Customer's suppliers/contractors, or Customer's
visitors during the term or as a consequence of Customer's removal of its
hardware or property installed in the Space.
(f) Insurance. Custoemr shall maintain, at Customer's expense, Insurance
covering equipment and personal property owned or leased byCustomer and used or
stored on Concentric's premises. Customer shall also maintain insurance covering
the equipment or property owned or leased by Customer against loss or physical
damage. If so requested, Customer will provide CNC written evidence of insurance
coverage consistent with the requirements of this subsection.
(g) Customer Duties. Customer shall document and promptly report all errors or
malfunctions fo the hardware to Concentric. Concentric shall take all steps
necessary to carry out procedures for the rectification of errors or
malfunctions within a reasonable time. Customer shall maintain a current backup
copy of all programs and dates. Customer shall properly train its personnel in
the use of the hardware.
(h) Third-Party Software. For purposes of this Agreement, "Third-Party Software"
means those products indicated as such on the Order Form. If Customer purchases
any Third-Party Software, Customer hereby agrees to be bound by the following
terms and conditions, and further agrees to enter into all applicable
agreements, if any, which such third-party requires of Concentric.
(i) Customer is granted a non-exclusive, nontransferable right to install and
use the Third-Party Software in object code form only, accompanying
documentation ("Documentation"), and data output of such software solely for
Customer's internal use. Such license is not transferable or assignable by
Customer, in whole or in part, whether voluntarily or bymerger, consolidation or
sale, or otherwise by operation of law. Customer may make one backup copy of the
Third-Party Software for archival purposes only.
ii. Title to the Third-Party Software shall be retained by the applicable
Licensor of such software. No right, title, or interest in the Third-Party
Software or Documentation is granted or conveyed to Customer by implication or
otherwise.
iii. Customer acknowledges that the applicable Licensor can only control such
Licensor's servers and therefore such Licensor cannot guarantee delivery of all
data output registered by Customer in any given time period.
iv. Except for any backup archival copies permitted herein, Customer may not,
and shall not allow other to, copy, modify, translate, disassemble, decompile,
reverse engineer or create derivative wroks of the Third-Party Software,
Documentation or data output of such software,
v. Customer shall not disclose the results of any benchmark costs of the
Third-Party Software or data output of such software to any third party; provide
third parties access to the Third-Party Software, Documentation or data output,
sublicense, rent, lease, barter, sell, or otherwise distribute the Third-Party
Software, Documentation or other data output; or use any technical information
in any way related to or acquired by use of the Third-Party Software for the
prospective economic advantage of any third-party. Notwithstanding the
foregoing, Customer may publish and disseminate summaries of the data output
performed and transmitted by the Third-Party Software provided that Customer
attributes the applicable Licensor as the source of the data output or
information on which such summaries are based.
vi. CUSTOMER HEREBY ACCEPTS THE SOFTWARE AND DATA "AS IS" WITH NO EXPRESS OR
IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APLICABLE
LICENSOR NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY
OTHER LIABILITY IN CONNECTION WITH THE SOFTWARE, DATA, OR ANY OTHER INFORMATION,
INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF THE DELIVERY,
INSTALLATION, SUPPORT OR USE OF THE SOFTWARE, INFORMATION OR DATA. SUCH LICENSOR
DIES NOT WARRANT THE RESULTS OF ANY PROGRAM OR SERVICE OR THAT ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL MEET CUSTOMER'S
REQUIREMENTS OR EXPECTATIONS. SUCH LICENSOR CANNOT GUARANTEE AND DOES NOT
WARRANT THE ACCURACY OF THE DATA DELIVERED TO CUSTOMER OR THAT DATA IS
TRANSMITTED TO CUSTOMER WITHOUT INTERRUPTION OR DELAY.
Customer asserts and acknowledges that prior to execution of this Agreement,
Customer had sufficient opportunityt o evaluate the Third-Party Software,
Documentation, and data output delivery of such software to become familiar with
their performance and operation.
8.2 The following terms and conditions will apply only if Customer has filled
out Managed Server Order Form.
(a) Services. Concentric will provide Customer with the services as specified in
the Order Form.
(b) Service Level Agreement. Concentric agrees that its Managed Server downtime
will not exceed 4.33 minutes per day, or 30.3 minutes per week,or 130 minutes
per month. If in any calendar month, Customer's server is down for more than 130
minutes (exclusive of (i) scheduled maintenance windows and (ii) customer
enabled faults), Concentric will credit to Customer's account twenty-five perent
(25%) of each month's Managed Server fee, as set forth in the Order Form.
8.3 Regulations. Customer shall comply with all applicable operational rules and
regulations, while on Concentric's premises and while under Concentric escort.
Concentric may, in its sole discretion, limit Customer's access to a reasonable
number of authorized Customer employees or designee. Customer shall not
interfere with any other customers of Concentric, or such other customers' use
of Concentric's facilities.
8.4 Assumption of Risk. Customer hereby assumes any and all risks associated
with Customer, its agents (including contractors and sub-contractors) or
employees' use of the space and shall indemnify, defend and hold harmless
Concentric from any and all claims, liabilities, judgments, causes of action,
damages, costs, and expenses (including reasonable attorneys' and experts'
fees), caused by or arising in connection with such use.
9.0 GENERAL PROVISIONS
9.1 Assignment. This Agreement will be binding upon, and inure to the benefit
of, the parties hereto and their respective successors and assigns.
Notwithstanding the above, Customer may not assign its rights or obligations
under this Agreement without the prior written consent of Concentric. Any
assignment in violation of this Section shall be null and void.
9.2 Independent Contractors. The parties will have the status of independent
9.2 Independent Contractors. The parties will have the status of independent
contractors and nothing in this Agreement should be deemed to place the parties
in the relationship of employer- emploee, principal-agent, or partners in a
joint venture.
9.3 Waiver. The failure of either party to enforce at any time any of the
provisions of this Agreement, or the failure to require at any time performance
by the other party of any of the provisions of this Agreement, should in no way
be construed to be a present or future waiver of such provisions, nor in any way
affect ther right of either party to enforce each and every such provision
thereafter. The express waiver by either party of any provision, condition or
requirement of this Agreement will not constitute a waiver of any future
obligation to comply with such provision, condition or or requirement.
9.4 Severability. If any provision of this Agreement is xxxx by a court of
competent jurisdiction ot be invalid, illegal, or unenforceable under present or
future laws, such provision will be struck from the Agreement and the remaining
provisions of this Agreement shall remain in full force and effect.
9.5 Monitoring of Content. Concentric, at its sole discretion, may elect to
electronically monitor the Concentric network and may disclose any content or
records concerning Customer's account as necessary to satisfy any law,
regulation, or other governmental requirestor to properly operate the Concentric
network and protect any of its customers. Customer acknowledges and expressly
agrees that Concentric will not be liable to Customer or its customers for any
action Concentric takes to remove or restrict access to obscene, indecent or
offensive content made available by Customer, nor for any action taken to
restrict access to material made available in violation of any law, regulation
or rights of a third party, including but not limited to, rights under the
copyright law and prohibitions on libel, slander and invasion of privacy.
9.6 Indemnity. Customer shall indenmify, defend and hold harmless Concentric,
and/or, if applicable, the Licensor of the Third-Party Software, from any and
all dmaages, liabilities, costs and expenses (including but not limited to
reasonable attorneys' fees) incurred (a) by Concentric as a result of any
threatened or actual suit against Concentric arising out of or in connection
with: (i) information or content provided, accesses or made available by
Customer on Concentric's network; and (ii) Customer's gross negligence or
deliberate wrongdoing in performance under this Agreement and (b) by the
applicable Third-Party Software Licensor as a result of any threatened or actual
suit against such Licensor arising from Customer's use, summarization,
ordissemination of any data output of such software, including, without
limitation, trade libel and slander.
9.7 Force Majeure. Either party will be excused from any delay or failure to
perform any obligation unmder this Agreement if such failure is caused by the
occurrence of any event beyond the reasonable control of such party, including
but not limited to, acts of God, earthquake, labor disputes and strikes, riots
or war. The obligations and rights of the party so excused shall be extended on
a day-to-day basis for the period of time equal to that of the underlying cause
of the delay.
9.8 Governing Law. This Agreement will be deemed to have been made in the State
of claifornia, and the provisions and conditions of this Agreement will be
governed by and interpreted in accordance with the laws of the State of
California, without regard to conflict of laws principles thereof.
9.9 Arbitration. Anyu dispute or claim arising out of or in connection with this
Agreement or the performance, breach or termination thereof, will be finally
settled by binding arbitration in San Jose, California under the Rules of
Arbitration of the American Arbitration Association by an aribtrator appointed
in accordance with those rules. Judgment on the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may apply to any court of competent
jurisdiction for equitable relief without breach of this arbitration provision.
9.10 Entire Agreement. This Agreement sets forth the entire agreement and
understanding of the parties with respect to the subject matter hereof, and
supersedes all prior agreements and understandings between the parties, whether
written or oral with respect to the subject matter hereof. No modification of
this Agreement shll be binding upon the parties hereto unless evidenced in
writing duly signed by authorized representatives of the respective parties
hereto.
9.11 Notices. Any required notices hereunder shall be given in writing via
electronic mail and by certified mail or overnight express delivery service
(such as DHL) at the address of each party avove or as indicated on the
applicable Order Form, or to such other address as either party may from time to
dime substitute by written notice. Notice shall be deemed served when delivered
or, if delivery is not accomplished by reason of some fault of the addressee,
when tendered.
Customer and Concentric's authorized representatives have read the foregoing and
all documents incorporated therein and agree and accept such terms.
CUSTOMER REPRESENTATIVE CONCENTRIC NETWORK CORPORATION
By: /s/Xxxxx Xxxxxx By
------------------- --
Print Name: Xxxxx Xxxxxx Print Name:
(Authorized Signature) (Authorized Signature)
Title: President/CEO Title:
June 11, 1999
Concentric Network Prepared for:
Xxxxx Xxxxx Xxx Xxxxxx
0000 Xxxxxxx Xxxxxx Xxxxx XXXX
Xxxxx 000 (000) 000-0000
Xxxxxxx Xxxxx, XX 00000 (000) 000-0000
(000) 000-0000, ext 274
(000) 000-0000
One time/Non-Recurring Costs
Sales
Qty. Part # Description Price/Unit Subtotal Tax
1 Managed Server Set Up Fee $650.00 $650.00
Deluxe Concentric Host Managed Server
Dual Pentium II/512 cache, 450 MHZ=ASUS BX
256 MB DIMM (to 512 cache) PC-100-SDRAM
Hard Disk: 9.1 GB IBM, Ulta SCSI 3
32-Bit PCI Graphics Card w/1MB DRAM
Ethernet 10/100 MB
50 GB monthly data transfer
8" rack space included
5 business day set up time upon payment receipt
NT or Unix operating system
6 IP addresses
Unlimited email to the limitations of the server
itself
Services: Remote Hands 100 and 200
Bandwidth utilization Reports
Pushing a button
Power Cycling (turning on and off equipment)
Securing Cabling to Connections
Observing, describing, or reporting on indicator
lights or display information on machines
or consoles
Typing commands on a keyboard console
Cable organization, ties or labeling
File Server Back-up
Subtotal (without sales tax) $650.00
Calif. Sales Tax (7.75%)
Non-Recurring Costs Total* $650.00
Monthly Charges
Qty. Part# Description Price/Unit Total Sales Tax
1 Deluxe Managed Server (Rented Server w/50 GB) $950.00
1 Mail Server (10 GB of Transfer/mo.) $260.00
Remote hands 100 and 200 Services included
Subtotal $1,210.00
Calif. Sales Tax (7.75%)
Recurring Costs Total* $1,210.00 x 3mos.
=$4,280.00
Comments:
12 month agreement
*Subject to Terms and Conditions of Service afrement [sic]
Signature /s/ signature illegible
