1: DEFINITIONS
In this document, the following words have these meanings unless the context otherwise requires,
“Co-Location Services” means the co-location services referred to in the relevant Quotation and any goods or equipment supplied in connection with those services, together with any ancillary or supplemental services reasonably required to effect the co-location services.
“Co-Location Terms” means the terms and conditions set out in this document.
“Contract” has the meaning set out in paragraph 2 of this document.
“Customer” means the party referred to as the customer in the Quotation.
“Customer Area” means that portion/s of the Premises made available to Customer for the placement of its equipment and use of the Co-Location Services.
“Customer Equipment” means the Customer’s computer hardware (excluding stored data) and other goods or equipment placed by Customer in the Customer Area.
“Internet Service Terms” means the General Terms and Conditions of Internet Services located at http://www.Linknet.net.au/terms/
“Linknet” means Linknet Communications NSW Pty Limited (ABN 42 060 061 982) and its successors in business, agents, administrators, substitutes and permitted assigns.
“Linknet Companies” means Linknet and its related bodies corporate.
“Linknet Equipment” means the Linknet Company goods and equipment specified in the Quotation and as reasonably required for the delivery of the Co-Location Services, including but not limited to computer hardware and software (object and source code).
“Premises” means the business premises of Linknet or any Linknet Company specified in the Quotation and any other premises on which the Customer Equipment is located in accordance with paragraph 7.
“Quotation” means a co-location request form signed by an authorised representative of Linknet and completed by Customer together with any supporting documentation issued to the Customer by Linknet.
“Term” means the minimum term for which Linknet will provide the Co-Location Service to Customer as indicated on the Quotation(s) and any extension of that term, whether by express agreement or the continued provision of the Co-Location Services by Linknet.

2: FORMATION OF A CONTRACT
Linknet may, from time to time, issue Quotations. On execution of a Quotation by Linknet and the Customer, that Quotation is deemed a Contract incorporating these Co-Location Terms and the Internet Service Terms. Supply of the Co-Location Services will be governed by the Co-Location Terms and the Internet Service Terms, unless expressly varied or added to by the Quotation. To the extent of any inconsistency, such documents must be read in the following descending order of priority;
(a) the Quotation;
(b) the Co-Location Terms;
(c) the Internet Service General Terms & Conditions and;
(d) the acceptable use policy.

3: SUPPLY OF CO-LOCATION SERVICES
Linknet will use reasonable endeavours to perform the Co-Location Services;
(a) with due care and skill;
(b) in a manner so as to minimise interruption to the Customer’s business; and
(c) in accordance with any specific conditions that appear on the Quotation.

4: CUSTOMER AREA
Linknet will provide the Customer with access to the Customer Area during business hours on reasonable notice and at reasonable intervals. Linknet may impose such access conditions as it considers reasonably necessary to protect the security of the Premises. Customer acknowledges and agrees that;
(a) it has been granted only a license to occupy the Customer Area and use the Linknet Equipment in accordance with these Co-Location Terms;
(b) Customer has not been granted any real property interest in the Customer Area or the Premises;
(c) Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations, or ordinances;
(d) these Co-Location Terms, to the extent it involves the use of space leased by a Linknet Company, are subordinate to that lease; and
(e) the expiration or termination of any such lease terminates these Co-Location Terms as to the Customer Area subject to the Customer’s right to have the Customer Equipment relocated in accordance with paragraph 7 of these Co-Location Terms.
Customer hereby waives and releases any claims or rights to make a claim that it may have against the lessor to any Linknet Company with respect to any Customer equipment or property located in the Customer Area or the Premises.

5: CUSTOMER EQUIPMENT
Customer must, at its expense;
(a) deliver the Customer Equipment in the Customer Area;
(b) test the Customer Equipment from time to time to ensure that the Customer Equipment is used in compliance with all applicable manufacturer’s specification;
(c) ensure that it has adequate back-up for all data, information and software stored on or served by the Customer Equipment;
(d) maintain the Customer Equipment in good working condition for the Term;
(e) not connect or attempt to connect the Customer Equipment to any Linknet network, equipment or facilities except as directed by Linknet;
(f) provide Linknet with assistance as reasonably required by Linknet to install and connect the Customer Equipment (if required by the Quotation) and perform the Co-Location Services.

6: INSTALLATION & CONNECTION
The party designated as the responsible party for installation in the Quotation must install, connect and configure the Customer Equipment and the Linknet Equipment as required for the delivery of the Co-Location Services. To the extent that such services are performed by Linknet, those services form part of the Co-Location Services. Where Customer is the responsible party, Customer must perform such services at its expense in accordance with these Co-Location Terms. Each party agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code, confidential information or other trade secrets from the other party.

7: RELOCATION OF CUSTOMER EQUIPMENT
Linknet may, on notice to the Customer, and at its sole expense, relocate the Customer Equipment to another area of the Premises to meet the reasonable business requirements of Linknet (including the needs of other customers, space restrictions or otherwise). Linknet will use reasonable endeavours to minimise any interruption to the Co-Location Services attributable to the relocation.

8: LINKNET EQUIPMENT
If the Customer has the right to use Linknet Equipment;
(a) Linknet will deliver to the Customer at the designated Customer Area the Linknet Equipment on or before the commencement of the Co-Location Services or as otherwise agreed between Linknet and the Customer;
(b) Customer must use the Linknet Equipment only for the Term and in accordance with the conditions (if any) set out in the Quotation and applicable manufacturer’s or supplier’s instruction manual, terms or guidelines;
(c) Customer acknowledges that it has not and will not acquire any right, title or interest in or to the Linknet Equipment except for the right to use the Linknet Equipment as set out in these Co-Location Terms and the applicable Quotation and Customer will hold the Linknet Equipment subject and subordinate to the rights of Linknet;
(d) Customer must not remove any Linknet Equipment from the Customer Area(s) without the prior written consent of Linknet;
(e) Customer will, at its own expense, keep the Linknet Equipment in good repair, appearance and condition, other than normal wear and tear, and, if not included in the Co-Location Services, must obtain, pay for and keep in effect for the Term a hardware and software maintenance agreement with the manufacturer or other party acceptable to Linknet (and all parts furnished in connection with such repair and maintenance must be manufacturer authorised parts which will immediately become components of the Linknet Equipment and the property of Linknet);
(f) Customer will, at its own expense, keep the Linknet Equipment free and clear from any liens or encumbrances of any kind (except any caused by Linknet)

9: UPGRADES AND ADDITIONS TO LINKNET EQUIPMENT BY CUSTOMER
Customer may affix or install any accessory, addition, upgrade, equipment or device on to the Linknet Equipment (other than electronic data) (“Additions”) provided that such Additions;
(a) are obtained from Linknet or a party authorised by the relevant manufacturer and are not subject to the interest of any third party other than Linknet;
(b) do not reduce the value of the Linknet Equipment;
(c) can be removed without causing material damage to the Linknet Equipment; and
(d) are removed at the end of the Term without causing material damage or impairment of the intended function, use, or value of the Linknet Equipment.
Any other Additions must not be installed without Linknet’s prior written consent. Any Additions not removed at the expiry of the Term will become the property of Linknet (lien free). Customer must restore all Linknet Equipment to its original configuration at the expiry of the Term.

10: REMOVAL OF LINKNET EQUIPMENT
Linknet may, on notice to the Customer, and at its sole expense, upgrade, replace or remove the Linknet Equipment from the Customer Area for routine maintenance, system upgrades or repairs or otherwise to meet the reasonable business requirements of Linknet (including the needs of other customers). Linknet will use reasonable endeavours to minimise any interruption to the Co-Location Services attributable to the relocation.

11: INTELECTUAL PROPERTY
All right, title and interest in and to the Linknet Equipment will remain solely with Linknet or a Linknet Company, as applicable. Except for the rights expressly granted in these Co-Location Terms, the delivery of the Co-Location Services does not and will not transfer to Customer any right, title or interest in and to;
(a) the Linknet Equipment; or
(b) any Linknet Company proprietary technology, including services, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by or licensed to a Linknet Company), including but not limited to any derivative works, improvements, enhancements or extensions of that proprietary technology.

12: CUSTOMER WARRANTIES
The Customer warrants that;
(a) it has the legal right and authority, and will continue to own or maintain the legal right and authority, during the Term, to place and use the Customer Equipment as contemplated under these Co-Location Terms;
(b) the performance of its obligations and use of the Co-Location Services will not violate any applicable laws, rules or regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other Linknet customers’ use of Linknet services;
(c) it will comply with any rules or policies made generally available customers of Linknet that receive co-location or similar services; and
(d) it will comply with any rules imposed by any third party whose content or services are accessed via the Co-Location Services.
In the event of any breach of any of the above warranties, in addition to any other remedies available at law or in equity, Linknet will have the right, in its sole reasonable discretion, to immediately suspend the Co-Location and any related Services as necessary to prevent harm to Linknet or its business. Linknet will provide notice and opportunity to rectify the breach if practicable. Once rectified, Linknet will promptly restore the Co-Location Service(s).

13: INSURANCES
Customer must effect and maintain for the Term, at a minimum;
(a) comprehensive general liability insurance in an amount not less than the equivalent of AU$5,000,000 per occurrence for bodily injury and property damage; and
(b) workers compensation insurance as required by applicable law.
Customer agrees that it will ensure and be solely responsible for ensuring that its contractors, subcontractors and agents with access to the Customer Area maintain insurance coverage at levels no less than those required by applicable law and customary in Customer’s and its agent’s industries.

14: INSPECTION
Customer will allow Linknet, on reasonable notice and at reasonable intervals, to inspect the Linknet Equipment, the Customer Equipment and any supporting documentation in relation to the Co-Location Services as reasonably required to verify Customer’s compliance with these Co-Location Terms.

15: INCORPORATION OF GENERAL INTERNET SERVICE TERMS
Internet Service Terms are incorporated herein by reference and are a part of these Co-Location Terms as if they were fully set out in these Co-Location Terms. For the purposes of incorporation by reference as set out in this paragraph, any reference to “Agreement”, “Customer”, “Company” or “Service” in the Internet Services Terms is a reference to these Co-Location Terms, Customer, Linknet Company or Co-Location Services respectively as defined in these Co-Location Terms. In determining which provisions of the Internet Service Terms are or are not required by the context of the Co-Location Terms or any particular clause or provision of the Co-Location Terms, the interpretation which best preserves the rights of Linknet will be adopted.

16: CONSEQUENCES OF TERMINATION
On termination of the Co-Location Services Customer must, as soon as practicable after the cessation of the Co-Location Services, subject to paragraph 17 of these Co-Location Terms;
(a) remove all Customer Equipment (excluding any Linknet Equipment and any Customer Equipment on which Linknet has reserved a lien) from the Customer Area and the Premises;
(b) deliver or make available all Linknet Equipment to an authorised representative of Linknet, and
(c) return the Customer Area to Linknet in the same condition as it was on the commencement of the Co-Location Services, normal wear and tear excepted.
If Customer fails to comply with this paragraph 16, Linknet may move any and all such Customer Equipment to secure storage and charge Customer for the cost of such removal and storage or liquidate the property in any reasonable manner. This paragraph 16 is in addition to paragraphs 8 (Termination) and 9 (Liabilities of Customer upon Termination) of the Internet Service Terms.

17: LIEN IN CUSTOMER EQUIPMENT
In addition to Linknet’s rights as set out in the Internet Service Terms, Customer grants, and Linknet reserves, a lien in all Customer Equipment as security for Customer's obligations under these Co-Location Terms. In the event that Customer fails to pay all undisputed amounts due and payable to Linknet under these Co-Location Terms, Customer agrees that, upon delivery of written notice to Customer, Linknet may;
(a) restrict Customer’s physical access to the Customer Area and Equipment; and/or
(b) take possession of any Customer Equipment and store it, at Customer’s expense, until taken in full or partial satisfaction of any lien or judgment, all without being liable to prosecution or for damages; until payment of any overdue charge or expense in relation to any Co-Location Services is received by Linknet.

18: CUSTOMER BOUND BY THESE CO_LOCATION TERMS AND CONDITIONS
By using the Co-Location Services the Customer agrees to be bound by these Co-Location Terms. These Co-Location Terms may change from time to time upon notice to the Customer. Notice via electronic mail to the Customer's electronic mail addresses, by the posting on Company's website and the Customer's continued use of or subscription to the Service will be sufficient notice for this purpose.

I hereby acknowledge that I have read and understood this the Linknet Server Co-location Terms and Conditions.

Signed by the customer: ________________________ Date: ___ / ___ / ____

Printed Name: ___________________________________

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