Common use of Remote Assistance Services Clause in Contracts

Remote Assistance Services. (a) Remote Assistance. Customer may, from time to time, request performance of certain services with respect to the Customer Equipment located in the Customer Area that are performed with “eyes,” “ears” and “fingers,” but without the involvement of any installation of new equipment or any troubleshooting, diagnostics, systems access or login, testing or heavy physical labor (collectively, “Remote Assistance Services”). Examples of Remote Assistance Services include the following: (i) pushing buttons, and/or keypads; (ii) physical switching of a toggle switch; (iii) setting switches on a card mounted dip switch; (iv) power cycling equipment (turning power on and/or off); (v) remote visual observations and/or verbal reports to Customer on its specific collocation cabinet(s) for environment status, display lights, or terminal display information; and (vi) re-seating or replacement of existing or Customer provided hardware elements (e.g., circuit cards and drives). (b) Instructions. Customer is required to provide clear, specific and detailed instructions with respect to the Remote Assistance Services requested. Neither Lessor nor the applicable Service Provider, or any of their respective personnel are required to act on directions that they reasonably believe are unclear or incomplete. The personnel of Lessor or of the applicable Service Provider, are not expected or required to make judgments or exercise discretion with respect to requested Remote Assistance Services, nor to make recommendations as to courses of action to follow. If personnel of Lessor or of the applicable Service Provider either do not understand an instruction, or believe it to be incorrect or inadvisable, such personnel may elect in their sole discretion not to proceed with such task until their concerns have been resolved; provided that such personnel explain such concerns to Customer. In addition to the limitations on liability set forth in the Agreement, neither Lessor nor the applicable Service Provider, nor any of their respective personnel or agents will have any liability for any damages arising out of their actions in response to or failure to act on any Customer request for Remote Assistance Services unless such damages are the direct result of such parties’ gross negligence or intentional misconduct. (c) Request Procedure. Each Customer request for Remote Assistance Services will require a separate initiation by Customer to the Lessor or to the applicable Service Provider, initially by telephone, followed by a physically or electronically signed request via fax, e-mail or other written method. If such request is received during regular business hours, Lessor or the applicable Service Provider, will use reasonable efforts to respond to Customer’s request for Remote Assistance Services within one hour of receipt of the request. If any such request is received outside of regular business hours for Lessor or the applicable Service Provider, as the case may be, Lessor or the applicable Service Provider, as the case may be, will use reasonable efforts to respond to Customer’s request for Remote Assistance Services within three (3) hours of receipt of the request. Customer’s requests shall be sent to ▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, or to such other address as may designated by Lessor or the applicable Service Provider by notice to Customer. The personnel of Lessor or of the applicable Service Provider, will call Customer to provide an explanation of the work performed once any requested Remote Assistance Services have been performed. Notwithstanding the foregoing, the parties acknowledge and agree that Lessor or the applicable Service Provider shall have the right to respond to requests for Remote Assistance Services in the manner and within the timeframe that Lessor or the applicable Service Provider deems reasonable and appropriate, in its sole but professional discretion. Additionally, the parties acknowledge and agree that the Remote Assistance Services provided by Lessor or the applicable Service Provider, are intended to be incidental to the Related Data Center Services and shall not unreasonably interfere with Lessor’s business operations. Although Remote Assistance Services are generally provided at no additional charge, in the event that Customer’s requests for Remote Assistance Services exceed that which is customary in the industry, as determined in the sole but reasonable discretion of Lessor or the applicable Service Provider, the parties shall negotiate in good faith to limit such requests and determine a mechanism for compensating Lessor for any additional requests made by Customer for Remote Assistance Services.

Remote Assistance Services. (a) Remote Assistance. Customer may, from time to time, request performance of certain services with respect to the Customer Equipment located in the Customer Area that are performed with “eyes,” “ears” and “fingers,” but without the involvement of any installation of new equipment or any troubleshooting, diagnostics, systems access or login, testing or heavy physical labor (collectively, “Remote Assistance Services”). Examples of Remote Assistance Services include the following: (i) pushing buttons, and/or keypads; (ii) physical switching of a toggle switch; (iii) setting switches on a card mounted dip switch; (iv) power cycling equipment (turning power on and/or off); (v) remote visual observations and/or verbal reports to Customer on its specific collocation colocation cabinet(s) for environment status, display lights, or terminal display information; and (vi) re-seating or replacement of existing or Customer provided hardware elements (e.g., circuit cards and drives). (b) Instructions. Customer is required to provide clear, specific and detailed instructions with respect to the Remote Assistance Services requested. Neither Lessor Licensor nor the applicable Service Provider, or any of their respective personnel are required to act on directions that they reasonably believe are unclear or incomplete. The personnel of Lessor Licensor or of the applicable Service Provider, Provider are not expected or required to make judgments or exercise discretion with respect to requested Remote Assistance Services, nor to make recommendations as to courses of action to follow. If personnel of Lessor Licensor or of the applicable Service Provider either do not understand an instruction, or believe it to be incorrect or inadvisable, such personnel may elect in their sole discretion not to proceed with such task until their concerns have been resolved; provided that such personnel explain such concerns to Customer. In addition to the limitations on liability set forth in the Agreement, neither Lessor Licensor nor the applicable Service Provider, nor any of their respective personnel or agents will have any liability for for, and Customer hereby releases all of them from, any damages arising out of their actions in response to or failure to act on any Customer request for Remote Assistance Services unless such damages are the direct result of such parties’ gross negligence or intentional misconduct. (c) Request Procedure. Each Customer request for Remote Assistance Services will require a separate initiation by Customer to the Lessor Licensor or to the applicable Service Provider, initially by telephone, followed by a physically or electronically signed request via fax, e-mail or other written method. If such request is received during regular business hours, Lessor Licensor or the applicable Service Provider, will use reasonable efforts to respond to Customer’s request for Remote Assistance Services within one hour of receipt of the request. If any such request is received outside of regular business hours for Lessor Licensor or the applicable Service Provider, as the case may be, Lessor Licensor or the applicable Service Provider, as the case may be, will use reasonable efforts to respond to Customer’s request for Remote Assistance Services within three (3) hours of receipt of the request. Customer’s requests shall be sent to support@syptec.com , or to such other address ▇▇ ▇▇▇@▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, or to such other address as may designated ▇ by Lessor Licensor or the applicable Service Provider by notice to Customer. The personnel of Lessor Licensor or of the applicable Service Provider, will call Customer to provide an explanation of the work performed once any requested Remote Assistance Services have been performed. Notwithstanding the foregoing, the parties acknowledge and agree that Lessor Licensor or the applicable Service Provider shall have the right to respond to requests for Remote Assistance Services in the manner and within the timeframe that Lessor Licensor or the applicable Service Provider deems reasonable and appropriate, in its sole but professional discretion. Additionally, the parties acknowledge and agree that the Remote Assistance Services provided by Lessor Licensor or the applicable Service Provider, are intended to be incidental to the Related Data Center Services and shall not unreasonably interfere with LessorLicensor’s business operations. Although Remote Assistance Services are generally provided at no additional charge, in the event that Customer’s requests for Remote Assistance Services Service s exceed that which is customary in the industry, as determined in the sole but reasonable discretion of Lessor Licensor or the applicable Service Provider, the parties shall negotiate in good faith to limit such requests and determine a mechanism for compensating Lessor Licensor for any additional requests made by Customer for Remote Assistance Services.