HPE GreenLake for Private Cloud at Equinix
Table of Contents
- 1 Service Description
- 2 Use of Licensed Space
- 3 System
- 4 Power and Climate Control
- 5 Connectivity Services
- 6 Security
- 7 Service Issue Reporting
- 8 Reserved Rights
- 9 Removal of System
- 10 Services
- 11 Insurance requirements
- 12 Audits
- 13 Supplemental terms
- 14 Definitions
- 15 Customer Responsibilities
- 16 Applicable Terms and Conditions
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HPE GreenLake for Private Cloud Enterprise at Equinix combines benefits of a cloud experience with the advantages of colocation, while letting customers keep full control of the workloads, relieving customers from the capital expenditures and the burden of running a data center on their own premises. With HPE GreenLake for Private Cloud Enterprise at Equinix, Hewlett Packard Enterprise delivers a HPE GreenLake cloud service at Equinix colocation with one agreement, one point of contact, and a single invoice.
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2.1 Access
- Every person who accesses an IBX Center must use the then-in-use secure access means to enter and exit the IBX Center.
- HPE and HPE subcontractors may access HPE’s licensed space (i) during an emergency, (ii) to perform Smart Hands or other services for customer, (iii) as needed to perform those services necessary for the use of the IBX Center, or (iv) as otherwise permitted under this agreement.
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3.1 Operations and maintenance
Unless otherwise set forth in the agreement, HPE is solely responsible for the operation and maintenance of all systems within the licensed space.
HPE shall operate all systems in accordance with published technical specifications and in compliance with all colocater’s policies.
3.2 Customer-provided equipment
System housed in the HPE cage is limited to systems provided by HPE. No Customer provided equipment is permitted in the HPE cage.
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4.1 Power
Electricity is provided under a contracted power pricing model as defined in the following from an identified utility company. Electrical power delivery systems have been designed to provide an uninterrupted supply of electrical power through various primary and secondary supply mechanisms.
4.2 Climate control
The climate is controlled in the colocation area to help ensure a predictable and consistent environment.
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5.1 Equinix Fabric Connections
If purchased, the scope of the installation of Equinix Fabric Connections shall be solely to run and terminate a physical cable and test the cable to confirm the physical layer thereof, and provision layer 2 routing of the connection to the customer’s rack.
All points of interconnection, conduit and/or cable routes, and other details shall be determined by the colocater in its sole discretion and shall belong to the colocater at all times. Customer shall have sole responsibility for the circuit underlying a cross connect, including initial turn-up, integration, logical function, and other use thereof.
Customer expressly recognizes that other than completing the cross connect, HPE shall have no responsibility whatsoever for the nature, performance, quality, integration, protocol, timelines, utility, or other features of circuits provided by a third-party carrier or provider, which shall be governed solely by customer’s agreement with such carrier or provider. Unless otherwise expressly agreed in writing by HPE, all third-party carriers shall be located at a dedicated area determined at colocater’s discretion.
External Network Connectivity and SecurityTo the extent the customer purchases Equinix network services, customer shall be responsible for the consumption of bandwidth, which is attributable to customer or its IP space, including without limitation any consumption that occurs as a result of any denial-of-service attack, virus, customer system, proxy compromise, or otherwise.
Customer shall secure its network and related elements at all times from attack and/or other abuse.
Customer shall be responsible for the configuration and maintenance of any firewalls (physical or virtual) related to purchased network services.
IP addresses provided to customer hereunder shall remain the sole property of colocater with customer granted a nontransferable and non-assignable license to use the IP addresses during the agreement term.
5.2 Network system numbers and telecommunications
Customers are strongly encouraged to have their own autonomous system number as designated by the American Registry of Internet Numbers, the Réseaux IP Européens (RIPE), or the Asia Pacific Network Information Centre or their successors.
Customer will be responsible for obtaining telecommunications services as needed from the carrier of their choice. HPE will not be responsible for providing or installing such services.
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6.1 Physical security
The HPE licensed space employs the following technical and organizational measures:
Building perimeter security—It provides continual monitoring of all entrances and exits to each IBX Center. Specific architectural features and physical construction of individual IBX Center provide additional security and differ by location.
Colocation area security—Within each IBX Center, the colocation area is protected by additional security measures to form multiple layers of security. Examples of such security measures include visitor access authorization and validation via administrators and security officers, security access control vestibules, biometric readers, access card readers, locking cabinets, and extensive monitoring by video and/or
IBX Center site staff.
Private cage—HPE operate a private cage with access to the private cage restricted only to authorized persons by means of an additional card reader or biometric scanner on the cage door.
Physical security to IBX Centers will be provided using commercially reasonable controls and restricting access to only authorized personnel, which includes written policies, procedures, and internal controls reasonably designed to detect, protect against, and mitigate unauthorized physical access into the IBX Centers and into the licensed space.
HPE shall have no liability with respect to unauthorized access caused by the acts or omissions of customer or individuals that are authorized by customer to access the licensed space.
HPE promptly shall report to customer any instances of unauthorized access into the licensed space that becomes known to HPE during the course of its performance of the colocation services for customer.
6.2 Customer safeguards
Not withstanding anything to the contrary in the agreement, customer acknowledges and agrees that it is the sole responsibility of customer to implement administrative, technical, organizational, and operational safeguards and other security measures to protect the security and confidentiality of confidential information and other information of customer from unauthorized access, disclosure, or control, including but not limited to, implementing appropriate access controls, theft detection measures and firewalls to protect any such information against any unauthorized access, disclosure, or control.
6.3 Notifications
Customer will designate one or more persons whom HPE may contact at any time in the event of an emergency or otherwise as needed by HPE. Customer will provide HPE a means of contacting such persons at any and all times. HPE prefers, but does not require, that such contact method be the telephone number and email address of 24 hours operations centers staffed by persons familiar with customer’s use of its licensed space and systems.
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Title to all IBX Centers and products used to deliver the colocation services (excluding systems) shall remain with colocater. HPE, including colocater, (and its employees or contractors, where applicable) retains the right to enter or access the licensed space for any legitimate business purpose. This includes without limitation, taking any reasonable measures to prevent damage or loss from occurring to the IBX Center, or any portion thereof, or customers of colocater (other than customer); and providing access to the IBX Center and/or the licensed space as deemed necessary or appropriate in response to a request by law enforcement authorities or as required by applicable law.
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HPE will prepare and plan for infrastructure installation at Equinix facilities, review and validate colocation procedures and provide ongoing management.
10.1 Facilities Operations during run phase
HPE oversee facility operation and consistently check available capacity and growth projections to ensure facility fulfils contracted operational criteria and hold colocator to the agreed KPI’s. These services include:
- Services are provided for the duration of the contract
- Address any downtime resolution assistance to the Colocation provider in following up the “back to normal” process, real time reporting to the customer of the situation, and analyzing root cause to avoid it happening again
- Assess the impact of all change requests affecting the Colocation provider datacenter and network design to ensure that the new capacity conforms to the initial design or update the design accordingly
10.2 Service Decommission/Exit
At contract conclusion, HPE takes care of synchronizing all the parties involved and activities to decommission the installed technology infrastructure and associated elements to return the facility to the colocation provider in the same condition at start of contract.
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In addition to any insurance requirements as set forth in the agreement, customer must meet the following additional insurance requirements:
11.1 Insurance
- During the term of this agreement and such additional periods of time required under this section, each party will maintain in full force and effect, at its own expense, insurance coverage as specified in this section. If a party carries claims made policies to satisfy any of the requirements of this section, such party will maintain such policies without endangering aggregate limits at the following stated minimums, for at least one (1) year after termination of the agreement.
- Worker’s compensation or social scheme
- Worker’s compensation insurance as required by law or regulation, having jurisdiction over the supplier’s employees. If the jurisdiction has a social scheme, the insuring party agrees to be in full compliance with the laws thereof.
- Employer’s liability insurance in amounts not less than the local currency equivalent of USD $1,000,000.
Where permitted by law, such policies will contain a waiver of the insurer’s subrogation rights against the other party.
- General liability or public liability
General liability or public liability insurance will be provided with limits of liability and coverage as indicated in the following:
- Premises and operations
- Products and completed operations
- Contractual liability
- Property damage (including completed operations)
- Explosion, collapse, and underground hazards (ECU) when supplier will create risk normally covered by such insurance
- Personal injury liability
General liability or public liability limits will not be less than a combined single limit for bodily injury and property damage of USD $1,000,000 (one million US dollars) per occurrence; USD $1,000,000 (one million US dollars) for personal injury liability; and USD $10,000,000 (ten million US dollars) general aggregate. In addition to the USD $10,000,000 (ten million US dollars), general aggregate products and completed operations aggregate in the amount of USD $5,000,000 (five million US dollars) will apply.
- Additional insureds
General liability or public liability policy and any automobile liability policy (if required under this section) of the insured party will include the other party, its officers, directors, and employees as additional insureds and will stipulate that the insurance afforded additional insureds will apply as primary insurance and that no other insurance carried by any of them will be called upon to contribute to a loss covered thereunder. If claims made policies are provided, the insured party will maintain such policies without endangering aggregates, for one year after the expiration of the term.
- Property
Customer will carry all-risk property insurance with limits adequate to cover the property and equipment of HPE.
- Certificates of insurance
Upon request, each party will provide the other party a certificate of insurance evidencing the required coverage and limits.
- In no event will the coverage or limits of any insurance maintained by a party under this agreement, or the lack of unavailability of any other insurance limit or diminish in any way the insured party’s obligations or liability to the other party under this agreement.
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12.1 Right to operational audit
Customer shall have the right, no more frequently than once per calendar year and at customer’s sole expense (including Smart Hands charges for HPE time), to conduct, and shall have the right to permit a third-party auditor to conduct (collectively, IBX inspectors) a confidential audit of customer’s licensed space and the common areas of the IBX Centers to verify that the IBX Centers comply with this agreement.
Any audit provided for in this section shall only consist of a visit to the IBX Center and/or the IBX inspector’s review of colocater’s regularly prepared records regarding the operation of the IBX Centers. Such audits shall be during normal business hours and on a mutually agreed upon date, time, and duration and subject to reasonable postponement upon colocater’s request. Customer shall
- Designate all IBX inspectors as authorized persons in advance of any such inspection.
- Ensure that such inspection will not affect other customers of colocater or colocater’s operation of the IBX Center.
- Ensure that all IBX inspectors comply with colocater’s policies during such inspection.
- Ensure that all IBX inspectors treat any colocater confidential information, which is disclosed to or gleaned by such IBX inspector in connection with the inspection in the same manner as customer is required to treat confidential information.
12.2 Audit reports
Colocater will, upon customer’s request and at no additional charge, provide customer with a copy of any audit attestation report or audit certificate, as the case may be, or successor report or certificate, setting out the status of the audits in place for the relevant IBX Centers within which customer has licensed space. Such report shall be deemed colocater’s confidential information.
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The following supplemental terms apply to these colocation services.
13.1 Compliance with laws
HPE reserves the right, upon reasonable notice, to amend or supplement the colocation services and the terms or conditions of this data sheet to meet requirements imposed by applicable law.
13.2 Confidential information
In addition to the confidentiality provision as set forth in the HPE GreenLake terms, the following applies:
13.3 Confidential information description
Confidential information shared pursuant to these colocation services shall specifically include the following:
- HPE or colocater communications
- Satisfaction surveys
- Customer lists
- Design of the IBX Centers
- The licensed space
- The colocation services provided, and their respective charges, fees, costs
- Equipment used at the IBX Centers
- The configuration of cables, networks, and services at the IBX Centers
- Any non-graphic information that the receiving party may receive, gather, or observe while at the IBX Center
| Term | Definitions |
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| Licensed space | Collectively, the location(s) within the IBX Centers where customer is permitted to colocate Systems as identified in this data sheet. |
| IBX Center | The real property, buildings, improvements, fixtures, and personal property owned, leased, operated by or on behalf of colocater in which customer is permitted to use licensed space pursuant to this data sheet |
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| Accompanying person | Each person (other than an HPE employee or subcontractor) accompanied by an authorized person while at a colocation center |
| Cross connect | A physical or wireless interconnection within a colocation data center that (i) exits customer’s licensed space or (ii) connects customer to another customer |
| Customer cross connect | A physical interconnection, including cable, connections, and other wiring that
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| POD equipment | POD equipment:
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| Redundant power circuit pair | Two identical power circuits installed in the same cabinet or rack (neither of which are part of another pair of circuits is in the same cabinet or rack) that are fed from diverse power busses and are powering-only equipment with redundant power supplies capable of auto-failover |
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In addition to any customer responsibilities set forth in the agreement, the following customer responsibilities shall apply with respect to the colocation services.
15.1 Implementation of HPE GreenLake in colocation
The customer is responsible for telecom design and requirements including procurement, installation, and testing of circuits and complete network environment.
The customer is responsible for their own carrier support.
The customer will work with HPE to identify a single point of contact for colocation services.
The customer is responsible to ensure that all capacity changes have the required space, power, and environmental resources necessary for optimal operations.
15.2 Proactive support and ongoing maintenance
The customer will need to provide HPE with a list of authorized users (required for portal setup).
The customer will provide physical interaction with systems (including power on / power off, reading error messages, implementing commands, and such) as requested by HPE. This may be accomplished by customer ordering/using Smart Hands support, subject to applicable charges.
The customer is responsible for the day-to-day operations of the systems. Smart Hands may be ordered at an additional cost to assist with support.
The customer will need to stay within contracted power usage.
15.3 Support planning and review sessions
The scope of the support planning and review sessions described in the agreement includes review and discussion of customer’s colocation needs (including forecasts) and any impact to the colocation services as part of these reviews.
15.4 Customer responsibilities on connectivity
The customer will need to provide network connectivity and bandwidth for diagnostic and metering tools to monitor hardware based on the agreed-upon implementation plan.
The customer is responsible for telecom design and requirements including procurement, installation, and testing of circuits and complete network environment.
The customer will need to provide HPE with the necessary IP addresses, LAN connections, and network topology required for diagnostic/billing connection devices and/or interconnecting software.
The customer is to supply documented processes for carrier support to troubleshoot issues with infrastructure and environment at colocation.
15.5 System customer requirements
Customer acknowledges and agrees that customer is solely responsible for maintaining appropriate cybersecurity, technical protection, and backup for all customer data stored, processed, transmitted through, or otherwise residing on the system.
| Terms | Link |
|---|---|
| Data Privacy and Security Agreement | |
| Data processing & security measures | |
| Sub-processor list | HPE Support and Professional Services sub-processor list |
| HPE aaS Terms for Customers (unless otherwise stated in the Change Order Form.) |
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