Hosting Services

Updated 1 September 2023

1. General 

1. The Customer must have and maintain throughout the Agreement Term, a Hosting Services Subscription. This can be either ‘Customer provided’ or ‘Dataweavers provided’, as set out in the Order Form.
   1. The Hosting Services Subscription purchased by or on behalf of the Customer must meet or exceed the Minimum Hosting Service Environment Details to deliver the As a Service Subscription and Additional Services (if any).
   2. Where the Customer has requested and Dataweavers agrees, Dataweavers may purchase the Hosting Services Subscription on the Customer’s behalf. The Customer agrees that it is responsible for and will reimburse Dataweavers all costs and expenses incurred by Dataweavers in acquiring the Hosting Services Subscription on the Customer’s behalf within fourteen (14) days of receiving a written request for payment from Dataweavers.
2. The Hosting Services Subscription must be solely used for the purpose of running the Digital Experience Platform Environment.
3. Where the Customer is required to enter into an agreement with a third party in order to utilise any Hosting Services Subscription or comply with any terms prescribed by the provider of Hosting Services Subscription, the Customer warrants that it will strictly comply with all such agreements and terms.
4. The Customer must not change or delegate control of the Hosting Services Subscription without the prior written consent of Dataweavers (which may be granted subject to conditions including as to additional protections or costs to address the impact of the change).
5. In order to perform its obligations in connection with the Services, Dataweavers may, at its discretion, Scale the Customer’s Minimum Hosting Service Environment Details, whether by Scaling Horizontal or Scaling Vertical, or a combination of both.

• 1. The Customer acknowledges that the Licensed Organisation must match the Customer and the Customer must have the appropriate licence to cover the recommended and agreed environment configuration. It is the sole responsibility of the Customer to ensure at its own cost that the deployed Digital Experience Platform Environment(s) managed by Dataweavers are licence compliant within the terms of the applicable license between the Customer and the provider of the Digital Experience Platform.
  2. The Customer must provide Dataweavers with 30 days written notice of any changes to the Customer Digital Experience Platform licence.
  3. The Customer acknowledges that it will be responsible for the costs and expenses associated with upgrading its third party products and services to enable use of the Services as contemplated in clause (a).
  4. The Customer acknowledges that any third party security or load tests that simulate an Artificial Load will be planned and logged ahead of time by raising a support ticket through the customer success portal (https://support.dataweavers.com). Artificial Load is defined as traffic to the Hosting Services Subscription that is simulated through third party applications and services and is not typical of the traffic that has been generated as a result of persons visiting the Customer’s website.

• 1. The Customer must ensure that any End User that has been provided access and use of all or any of the As a Service Subscription or Additional Services complies with the terms of the Agreement or any applicable update to any part of it from time to time.
  2. The Customer acknowledges and agrees that:
     1. it must notify Dataweavers of the identity of each End User prior to allowing the End User to access or use the As a Service Subscription or Additional Services;
     2. only End Users may access and use the As a Service Subscription or Additional Services;
     3. the Customer is responsible for all End Users’ use of the As a Service Subscription or Additional Services;
     4. the Customer must only use the As a Service Subscription or Additional Services for the purposes of operating the Customer’s business; and
     5. Dataweavers may suspend or cancel access for any End User where Dataweavers reasonably considers it is necessary for security reasons (for instance, if suspicious login activity is detected).

4. Co-operation

1. The Customer must:
   1. grant Dataweavers with Service Principal access to the Hosting Services Subscription for the term the As a Service Subscription is provided by Dataweavers to the Customer in accordance with the Agreement; and
   2. grant Dataweavers with contributor access to the Hosting Services Subscription for the term the As a Service Subscription is provided by Dataweavers to the Customer in accordance with the Agreement; and
   3. if the Hosting Services Subscription is secured by Azure Active Directory, work with Dataweavers to enable multi-factor authentication for security purposes.
2. The Customer must provide Dataweavers with Partner Admin Link to the Hosting Services Subscription to Dataweavers.

• 1. The Customer must provide Dataweavers with the details set out in the ‘Minimum Hosting Service Environment Details’ and maintain the Hosting Services Subscription in accordance with those details.