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Regulamin - Ordering of administrative works
Terms and conditions for the provision of system administration services provided by the eTOP Sp.z o.o:
1.1 Administration Services - Services provided by eTOP Sp. z o.o. consisting of maintenance of the Subscriber's operating systems installed on its physical or virtual servers (own or leased from eTOP Sp.z o.o.). Administrative Services shall be understood as all activities aiming at the configuration of the operating system from the level of cooperation with the hardware or virtual environment to the level of cooperation with the applications installed on it, including, maintaining the efficiency of the system's operation together with the file system, updates related to the security of the data stored in the Subscriber's system, taking care of the performance of backups of the Subscriber's data, and other administrative activities described in the Agreement.
1.2 Event - any task performed at the Subscriber's request, or a task undertaken on the initiative of eTOP Sp. z o.o., aimed at performing an update or restoring the correct operation of the operating system.
1.3 Man-hour - a contractual basic settlement period, by default equal to one clock hour of work of one employee.
1.4 Notification - an order for administrative work or malfunctioning of an operating system reported by telephone or email.
1.5 Contract Limit - The number of Working Hours and Events to be used by the Subscriber as described in the contract, annex or appendix.
2 General Provisions.
2.1 These Terms and Conditions are the specific Terms and Conditions as defined in Article 1.2 of the "Terms and Conditions of Service of eTOP Sp z o.o. dated 1 October 2010" introduced in accordance with Article 2.2 of these Terms and Conditions.
2.2 The provisions of these Terms and Conditions shall take precedence over the provisions of the "Terms and Conditions of Service of eTOP Sp z o.o. dated 1 October 2010" introduced pursuant to Article 2.3 thereof.
2.3 These regulations shall only apply to the Administrative Services where they are referred to in the Agreement, a clause, annex or addendum thereof.
2.4 These Rules shall also apply to one-off orders for administrative activities, provided that the ordering party has confirmed that it has read them and agreed to their application in the order.
2.5 The provisions of the Contract take precedence over the provisions of these Rules.
3 Types of Events.
3.2 Critical Event - An Event the occurrence of which results in the unavailability of a key functionality of the Subscriber's system, or the total unavailability of the administered system.
3.3 Scheduled Event - An Event occurring at any time and on any day, the occurrence of which is triggered by the need to carry out normal administrative work during a maintenance window. The Subscriber shall be informed of a Scheduled Event at least 12 hours prior to its occurrence, and agrees to it.
3.4 Requested Event - An Event, performed at any hours and days, on a one-off basis and agreed in detail with the Subscriber. The Subscriber's and the Operator's consent is required for the execution of such an Event, and the terms of its execution.
4.Principles of time billing.
4.2 If the limit described in clause 4.1 is used, eTOP Sp. z o.o. shall inform the Subscriber of the possibility of purchasing additional Working Hours and shall proceed after the Subscriber's approval.
4.3 The Working Hours limit is only available for use in a given billing period.
4.4 The Contractual Limit specifies the same number of Manhours as Events, each Event shall be treated as the use of at least one Manhour, and the settlement of the total number of Manhours used at the termination of an Event shall be counted for each Started Manhour.
4.5 Where the contract provides that the number of Events within the Contractual Limit is at least twice the number of Working Hours, each Event shall be treated as the use of at least half a Working Hour, and the settlement of the total number of Working Hours used when terminating an Event shall count as half a Working Hour for each thirty minutes of work started.
4.6 Where the contract stipulates that the number of Events within the Contractual Limit is at least four times the number of Working Hours, each Event shall be treated as at least a quarter of a Working Hour, and settlement of the total number of Working Hours used when terminating an Event shall count as a quarter of a Working Hour for each fifteen minutes of work started.
4.7 In the case of work in which there is a wait for the completion of the device, without the Administrator's involvement, such as copying data, disks, performing synchronisation of disk arrays, validating data, scanning data and similar, two Working Hours shall be deducted from the limit and one Working Hour shall be counted for each six-hour period of the Event started.
4.8 Scheduled Events are billed as one Working Hour, regardless of duration.
4.9 Scheduled Events are billed at an additional agreed charge, not counting towards the Limit, unless otherwise agreed.
4.10 Ordinary Events and Critical Events are deducted from the Limit in accordance with the procedure described in Articles 4.1-7 and 4.11-12 of these Rules.
4.11 In the event that an Event is caused by:
4.11.1 physical damage to a server owned by eTOP Sp. z o.o.
4.11.2 improper or incomplete execution of another Event
4.11.3 any other reason the occurrence of which may be attributed to a malfunction of the systems, equipment or employees of eTOP Sp. z o.o. Such an Event shall not be deducted from the Limit.
4.12 If the Subscriber reports a Critical Event, which in substance should be treated as an Ordinary Event, a fee of three Business Hours shall be charged, payable outside the Limit.
5 Scope of System Administration Services.
5.1.1 Installation of the system in accordance with the Subscriber's guidelines.
5.1.2 Proper configuration of the system to work with the hardware platform.
5.1.3 Configuration and supervision of the backup of the Subscriber's data as specified by the Subscriber.
5.1.4 Installation of programs and processes on the Subscriber's operating system with initial default configuration.
5.1.5 Installation of process and programme modules on the Subscriber's operating system.
5.1.6 Updates to system software and hardware drivers.
5.1.7 Troubleshooting process compatibility issues with the operating system and hardware.
5.1.8 Removal of causes of inaccessibility.
5.1.9 Change basic parameters of the operating system, processes and modules.
5.1.10 Analyse system performance and configure the system to achieve the maximum possible performance for the system.
5.1.11 Overseeing the operation of the hardware platform.
5.1.12 Securing the operating system through software measures available for the operating system.
5.1.13 Advice on the choice of hardware platform and software technology.
5.1.14 Installation, configuration and supervision of the correct operation of the management panels.
5.1.15 Monitoring of system operating parameters agreed with the Subscriber and important for the stability of system operation.
5.1.16 Other activities described in the Agreement.
5.2 The activities covered by the subscription-based System Administration Service do not include, but are not limited to:
5.2.1 Analysis of the Subscriber's data or scripts.
5.2.2 Migration of Subscriber's data from other physical or virtual machines.
5.2.3 Administrative activities on devices other than those covered by the Agreement.
5.2.4 Administrative actions on devices located outside the premises or data centre of eTOP Sp. z o.o.6 Service availability hours, and response times.
6.1 Ordinary Events are performed between the hours of 9.00am and 5.00pm on weekdays unless otherwise specified in the Agreement.
6.2 Critical Events are performed 24 hours a day.
6.3 Scheduled Events are performed as Ordinary Tasks or during the Service Window.
6.4 Scheduled Events are performed at the time agreed with the Subscriber in the order.
6.5 The commencement of the execution of a Scheduled Event shall commence no later than four hours after the request, unless otherwise specified in the Agreement.
6.6 The commencement of the execution of a Critical Event shall commence at the latest two hours after notification, unless otherwise provided for in the Agreement.
6.7 The maximum time to remove the unavailability depends on the technical conditions, unless otherwise stipulated in the Agreement.
6.8 The Service Window is considered to be the period between 23.00 and 6.00 on the following day, unless otherwise specified in the Agreement.
7.Conditions for the occurrence of an Event.
7.2 An Event may be triggered by the need to carry out administrative, maintenance work during the Service Window period, provided that the Subscriber has been informed of the need to carry out such work and has not objected. The principle of "tacit acceptance" is adopted in this case.
7.3 eTOP Sp. z o.o. shall have the right to initiate a Critical Event without the Subscriber's consent, and to take all necessary measures and actions in the event that:
7.3.1 The security of the Subscriber's data, or its integrity, is threatened.
7.3.2 A manufacturer, publisher, or developer of system or firmware software has issued a fix to an operating system or process critical to the security or stability of the Subscriber's data.
7.3.3 In the event that third parties have tampered with the system.
7.3.4 In the event that the Customer's installed software poses a threat to other customers of eTOP Sp. z o.o. or threatens the stability of the network.
7.4 An incident may be triggered by spontaneous system or hardware failure.
7.5 The event may be caused by a network attack from the public network.
8.Access rules and authorisation of orders.
8.2 The Subscriber shall be obliged to provide a new administrative password to eTOP Sp.z o.o. in the event of a change.
8.3 In order to confirm the entitlement to report an Event, eTOP p. z o.o. shall have the right to require the Subscriber to provide the current administrative password.
8.4 In the event that the password is lost or changed by the Subscriber , eTOP Sp. z o.o. shall perform its restoration at the written request of the Subscriber signed by the person authorised in the Agreement, or the legal representative of the Subscriber. Such action is deducted from the limit as a Normal Event.
9.Data Confidentiality.
9.2 It follows from the nature of the performance of the Agreement that eTOP Sp.z o.o. has access to the Subscriber's data.
9.3 eTOP Sp.z o.o. shall ensure the confidentiality of the Subscriber's data on the basis of telecommunications secrecy, as stipulated by the Telecommunications Act, for telecommunications services.
9.4 All employees of eTOP Sp.z o.o., as employees of the telecommunications operator, are covered by professional secrecy, the violation of which is subject to criminal liability.
9.5 Apart from the employees of eTOP Sp.z o.o., only persons authorised by the Subscriber have access to the data. Such authorisation shall be in writing, in traditional or electronic form.
9.6 In the event of termination of the Agreement, the Subscriber's access data shall be considered confidential for 30 days from the date of termination. The Subscriber is obliged to change the access data after the expiry of the Agreement.
9.7 In the event of termination of the Agreement, the Subscriber's data other than access data shall remain confidential.
10.Scope of liability.
10.2 eTOP Sp. z o.o. shall not be liable if the Subscriber has objected to the performance of administrative actions during the "service window".
10.3 eTOP Sp. z o.o. shall be liable up to the amount of the subscription for the given settlement period in which the event giving rise to the claim arose.
10.4 eTOP Sp.z o.o. shall not be liable for damages resulting from errors in software not developed by eTOP Sp.z o.o.
10.5 eTOP Sp.z o.o. shall not be liable for the legality of software installed on the Subscriber's system, unless such software is leased from eTOP Sp.z o.o.
10.6 eTOP Sp. z o.o. shall not be liable if the Subscriber ignored the information provided by eTOP Sp. z o.o. about the necessity to urgently change the hardware or software platform, and the failure to make this change was the reason for unavailability or data corruption.
10.7 eTOP Sp. z o.o. shall not be liable in the case of loss, damage, deletion of data, inaccessibility , caused by the Subscriber providing access passwords to third parties knowingly or unknowingly (e.g. when software stealing access passwords existed in the Subscriber's office computer).
10.8 eTOP Sp. z o.o. shall be fully liable in the case of intentional fault on a tort basis.
11.Final provisions.
11.2 The provisions of these Terms and Conditions shall apply to services commenced after their entry into force or where the Subscriber has agreed to incorporate them into the provisions of the current Agreement.
eTOP Sp. z o.o Al.Jerozolimskie 200 02-222 Warszawa
Regon 016310320 NIP 522-25-50-755 KRS 0000029426
Sąd Rejonowy dla m. st. Warszawy, XIV Wydział Gospodarczy KRS Share capital 75 000 PLN
Bank BGŻ BNP Paribas S.A. Konto nr 28 1600 1374 1843 3345 5000 0003
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