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Definitions

Acceptable use policy:
Rules relating to the use of Maxnet’s Networks and/or service.
Administrator Console:
Administrative interface which enables an administrator to perform backup and restoration tasks.
Agent:
Background software running on customer hardware/application specific backup software running on customer hardware (e.g. MS SQL).
The Agreement:
Standard Terms and Conditions, Supply Agreements, Service Description Terms and Conditions, and Service Level Agreements plus any annexure.
Application Patches:
Updates released by the application vendor to fix or improve software availability: (of a service) Date from which/period between which a service is available for customer use.
Avamar® Grid:
Online backup environment owned and operated by Maxnet that provides the underlying technology for the MOB Service.
Backup:
Copy taken of data from an end-user’s machine saved to the MOB service to enable the restore of the original after a data loss event.
Backup Methods:
Full- A complete backup of all data selected.
Differential- A cumulative backup of all changes made after the last full backup.
Incremental- A “normal” incremental backup will only backup files that have been changed since the last backup of any type.
Backup Window:
Specified period of time in which backups are permitted to be performed on the MOB platform.
Bandwidth:
The rate of data transfer, throughput or bit rate, measured in bits per second (bps).
Blackout Window:
Specified period on time within which backups are not permitted to be performed but restores are permitted to be performed on the MOB platform.
Blanking plates:
Plates within a rack to control air flow.
Business Day:
Means a weekday (other than a public holiday).
Business Hours:
Monday to Friday 0900hr NZST am to 1700hr NZST, excluding public holidays.
Cabinets:
Physical enclosure to a rack where customer servers are housed.
Call-Out:
A call-out is defined as a phone call from the Customer or the Customer’s authorised network technician to the on-call engineer outside normal business hours (i.e. 1701hr NZST - 0859 NZST, and all day weekends/public holidays.)
Client:
Application or agent installed on customer’s hardware to initiate a connection with a server.
Client Initiated Restore:
A restore initiated from a Client installed on the end-users machine. (note: these types of restores are denied by the MOB service).
Contract:
Agreement formed between Maxnet and The Customer.
Colocation:
The housing of servers (virtual or physical) in a dedicated third party data centre.
Commencement Date:
The date from which services are deemed to be in place as established in a notice to proceed or, in the absence of such notice, the date of the agreement or such other date as may be established therein or by the parties thereto, e.g. RFS Date.
Confidential Information:
Terms of Agreement/any confidential information relating to the business and affairs of a party including (without limitation) operating processes, technical specifications, trade secrets and know-how.
Contract Term:
The fixed period of time during which the customer agrees to purchase services and Maxnet agrees to supply services, as indicated under Term of Contract in an agreement.
Customer Premise Equipment (CPE), Customer Located Network Equipment (CLNE):
Equipment installed at the customer’s site eg. Router supporting a WAN service.
CPU:
Central Processing Unit.
The Customer, The Client, you, your:
Refers to the organisation, individual, guarantor or other entities purchasing services from Maxnet.
Demarcation Point:
The point at which Maxnet’s network ends and the customer’s starts.
Domain:
A Maxnet configured Avamar® Domain for use by either a reseller or end-user customer.
Domain Administrator:
Administrator of a Domain with full administrator control within the confines of that Domain.
Domain Hosting:
Hosting of a domain name e.g. companyname.co.nz
Downtime:
The amount of time, from the time of notification by The Customer to Maxnet Network Operations (NOC) staff, for which any or all of The Customer’s servers or services colocated or provided in the Maxnet facility, are unreachable due to the physical environment or core network failure (i.e. infrastructure within Maxnet’s control) excluding (a) The Customer’s applications or equipment, (b) acts or omissions of The Customer, or any use or user of the service authorised by The Customer or (c) reasons of Force Majeure (d) Denial of Service Attacks or (e) scheduled outages.
DR:
Disaster Recovery.
End User, End User Customer:
End-user whose machines are being backed up by the MOB service.
Environmental Law:
A body of laws designed to protect the environment, planning, heritage and health and safety.
Equipment:
Physical equipment belonging to the Customer or Maxnet.
Fault:
Any outage or interruption, reduced power operation, degradation or impairment of the service/operation of The Customer’s Servers and other equipment that is not a planned/scheduled network outage. For the purpose of this definition reduced power operation means loss of one power feed and degradation of remaining feed.
Firewall:
Software or hardware that is designed to block unauthorised access to or from a private network while permitting authorised communications.
Force Majeure:
Natural disasters, acts of war, riots or “act of God” that prevent one or both parties from fulfilling their obligations under the contract.
The ‘Fixed Term’:
The period defined in the supply agreement as the contract term and explicitly stated in the Term of Contract section. Typically fixed term contracts terms are 12, 24, 36 months.
GST:
“Goods and Services Tax.”
GTM:
Global Traffic Management.
High Availability Services (HA):
A combination of software and hardware solutions designed to provide redundancy in the event of system failure, e.g. multiple power sources or rack cooling, multiple connections etc.
IDC:
Maxnet Internet Data Centre.
Indemnity:
Security against loss, damage or injury.
Insolvency:
The inability of a company to pay off its debts on normal business terms.
Interference:
The effect of any electromagnetic fields or radio waves arising from one or more emission(s), radiation(s), or induction(s), or any combination of one or more of those things, on the transmission or reception of any telecommunications signal, whose effect materially degrades, obstructs or repeatedly interrupts that telecommunications signal.
IP Address:
An Internet Protocol (IP) address is a numerical label that is assigned to identify a device.
LAN:
Local Area Network.
LTM:
Local Traffic Management.
MAC:
(Moves-Adds-Changes) refers to the administration necessary when users or network components are added to, removed from or change their location in the network.
Maintenance Window:
Specified period of time within which backups are not permitted to be performed but restores are permitted to be performed on the MOB platform.
Maxnet, Us, We:
Maxnet Limited, its employees, officers, agents and affiliates.
Maxnet Premium Support Team, PST:
Maxnet support team that provides Maxnet’s second level support for business grade services.
Maxnet Root Domain Administrator:
High level administrator with full administrator control of service.
MBC:
Maxnet Business Connect.
MCB:
Maxnet Cloud Backup service.
MLO:
(Manufacturers Labelled Output) is the maximum rated output of a piece of equipment as sourced from the official equipment supplier’s website and/or as determined by the Maxnet APC rack configurator. If there is a discrepancy between either source it will be at Maxnet’s discretion to choose which source prevails.
MOB Reseller:
Reseller of the MOB service granted Domain Administrator permissions to enable certain backup and restore activities to be undertaken within the confines of a Domain.
MOB Service:
Maxnet Online Backup Service utilising Avamar® technology.
Nagios Host Monitoring Service:
Monitoring system that enables organizations to identify and resolve IT infrastructure problems before they affect critical business processes.
Network Latency:
The time delay observed as data transmits from one point to another/the time it takes data to make a full circuit back to the originating point.
NOC:
Network Operations Centre.
Operating System (OS) Patches:
The latest security updates that are released by the operating system vendor to keep a computer protected from the viruses, spyware, adware, Trojan horses, malware and hackers attacks and other online threats.
Premium Rack Availability:
Colocation racks with targeted 99.7% uptime.
Virtual Private Network:
A virtual private network (VPN) is a network that uses the Internet to provide users with secure access to their network.
Racks:
Cabinets in the data centre which physically host equipment.
Ready for Service Date (RFS):
The date by which the service will be ready for Customer use. This date is typically Seven (7) working days after The Customer returns signed contracts and/or provisioning forms to Maxnet, unless otherwise agreed by Maxnet and The Customer.
Redundancy:
Systems or equipment running in parallel to the primary system to ensure additional reliability.
Restore:
Restore of backed-up data from the MOB service to the Client on the end-user’s machine.
Restore Cabinet:
Maxnet’s Data Centre hosted cabinet that enables a reseller to connect its own equipment and effect an end-user data restore by means of a dedicated out-of-bands backup network directly connected into the Avamar® Grid.
Scheduled Outage:
Schedule or planned Maxnet network maintenance.
Server Hardware:
Physical server equipment relating to the Server.
Server Initiated Restores:
A Domain Administrator initiated restore performed via the Avamar® Server.
Service Fault:
Fault which has caused an interruption to the MOB service.
Structured Data:
End-user machine Application data e.g. Databases.
The ‘Service’:
The Maxnet service, described in the Supply Agreement.
Telco:
Telecom New Zealand, TelstraClear Limited, Vector or other New Zealand network with a significant network footprint.
Terminate:
End of a contract or service/final point of service.
Unstructured Data:
End-user machine file system data. e.g. MS Word Doc.
VPS (Virtual Private Server):
Shared physical hardware with dedicated system resources.
Waiver of Notice:
A waiver of notice is a legal document which waives the legal right to formal notification.
WAN (Wide Area Network):
A computer network spanning a large geographical area.
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