AS WaveCom Terms of Service
VMware Cloud service
Server Housing

AS WaveCom Terms of Service

Effective from July 1, 2023.

By using the services provided by WaveCom AS (registration code 10756058), you agree to the following terms and conditions ("Terms"):

1. GENERAL

1.1. The service provider is WaveCom AS (business registration code 10756058, located at Endla 16, Tallinn) ("WaveCom").

1.2. The current version of the Terms is available on WaveCom's website at www.wavecom.ee ("Website").

1.3. The term "Service" or "Services" refers to all services provided by WaveCom, including but not limited to cloud services, server hosting, private server, cloud server, web hosting, etc. Services can be ordered, modified, and terminated through the self-service portal on the website (hereinafter referred to as "Client Portal"). The current price list of WaveCom, which lists the prices for services (hereinafter referred to as "Price List"), is also published and available to the client in the Client Portal. Services have separate service-specific terms and conditions that define the details of service provision, including responsibilities and information security as well as service levels.

1.4. The term "Customer" refers to an individual who has ordered the Service in their own name or a legal entity on whose behalf the Service has been ordered.

1.5. The customer service available through the Customer Portal operates from Monday to Friday, 09:00-21:00, and on weekends and public holidays from 12:00-17:00. The customer support phone number +372 6850 000 is available from Monday to Friday, 09:00-17:00.

1.6. The use of Services in violation of the Terms or engaging in any illegal or unethical activities is prohibited.

1.7. The Terms also include technical and specific conditions that WaveCom may establish for the use of the Service ("Service Conditions"). These Service Conditions are generally displayed to the Customer before ordering the Service. By ordering and using the Service, the Customer agrees to comply with such Service Conditions.

1.8. WaveCom sends notifications and invoices to the Customer's email address provided by the Customer. The Customer ensures that the provided address is functional and that the Customer can receive invoices and other messages sent to that address. It is assumed that the Customer receives messages sent to that address no later than the second working day after sending.

1.9. Regardless of the language in which the documents concluded with the Customer are formulated, the resolution of disputes shall be based solely on the Estonian text; texts formulated in all other languages are considered translations made solely for the purpose of easier understanding by the Customer. The current version of the Terms in Estonian is always available on the Website.

1.10. WaveCom reserves the right to refuse the provision of Services in cases where the person wishing to order the Service has violated the conditions for using the services provided by WaveCom or third parties (including payment obligations) or good practices for using the internet, as well as for other substantial reasons for WaveCom. WaveCom is not obliged to justify or prove the grounds for refusal.

1.11. The Customer has the right to withdraw from the Service order made through the Website within fourteen (14) calendar days from the day of Service activation by terminating the Service through the Customer Portal. If the Customer requests a refund of the unused portion of the Service fee (the amount paid minus the fee for the days the Service was used) upon terminating the Service, it will be refunded immediately, but no later than 14 days from the receipt of the withdrawal notice by WaveCom.

1.12. WaveCom may terminate the provision of Services for substantial reasons by giving a 30-day notice.

2. CUSTOMER CONFIRMATIONS

2.1. By using the Services, it is deemed that the Customer has provided the following confirmations to WaveCom, and unless the Customer has notified WaveCom to the contrary, it is considered that these confirmations remain true and WaveCom may rely on them:

2.2. The Customer has carefully and attentively read these Terms, understands them unambiguously, and is aware of their rights and obligations.

2.3. The Customer is of legal age and capacity, there is no ongoing bankruptcy procedure or bankruptcy warning against the Customer, and in the case of a legal entity Customer, no decision on termination has been made.

2.4. All information provided by the Customer to WaveCom is accurate. The Customer understands that, in addition to WaveCom, third parties may rely on the accuracy of this information. The Customer is aware that providing false or incorrect information may result in sanctions and claims for damages against both the Customer and WaveCom.

2.5. The Customer has obtained all necessary consents and authorizations to use the Services in accordance with the requirements of the Terms, and such use does not involve a breach of any legal or administrative act, court decision, or any other legal relationship. The Customer has the means and skills to fulfill its obligations towards WaveCom.

2.6. The Customer shall immediately notify WaveCom if any of the above confirmations becomes untrue due to a change in circumstances.

3. WAVECOM'S RIGHTS AND OBLIGATIONS

3.1. WaveCom ensures the provision of Services to the Customer in accordance with ISO 9001, 27001, and 27017 standards, following industry best practices.

3.2. WaveCom provides the Customer with continuous access to the Services. However, the Customer should be aware that, due to the fact that the use of the Services depends not only on WaveCom but also on other parties (internet networks, electricity supply, etc.), WaveCom cannot guarantee uninterrupted and flawless operation of the Services beyond its scope of responsibility.

3.3. WaveCom will rectify any circumstances that impede the use of the Services under WaveCom's responsibility at its own expense within the time frame specified in the Terms.

3.4. WaveCom will publish foreseeable, current, and past Service interruptions and disruptions on the Website (https://clients.wavecom.ee/status) and/or provide relevant information to the Customer upon request via email. WaveCom will strive to notify the Customer of foreseeable and WaveCom-dependent disruptions and interruptions (e.g., maintenance work) as early as possible, at least 5 days in advance.

3.5. WaveCom has the right to suspend the provision of the Service or limit the use of the Service if the Customer violates the Terms, including if the Customer has exceeded the invoice payment deadline by at least 5 days. WaveCom will notify the Customer of the suspension or limitation of the Service at least 5 days in advance, unless the circumstances of the violation justify immediate suspension or limitation (also see ACCEPTABLE USE POLICY (AUP)).

3.6. WaveCom has the right to suspend the provision of the Service if there is reason to believe that the Service is being targeted by an attack or in any other way disrupts the provision of services to other customers, even if the Customer is not at fault.

3.7. WaveCom aims to keep its Services modern and competitive. WaveCom has the right to modify the principles of using the Services, including the technology and software solutions used for providing the Service. Changes in law, technological advancements, security issues, etc., may necessitate such modifications. WaveCom will notify the Customer of such changes at least 30 calendar days in advance if the changes may significantly affect the Customer's use of the Service.

3.8. WaveCom monitors its data center, networks, and systems 24 hours a day, 7 days a week, using multiple redundant monitoring systems that notify the team through various channels, including automated calls. All system activities are centrally logged, which are in turn monitored by various AI/ML applications to identify potential errors or threats. Additionally, automated systems also monitor network traffic via the NetFlow protocol for the detection and mitigation of cyber-attacks. Monitoring is also done for possible misuse or compromise of services by clients, including but not limited to spamming, cyber attacks, third-party complaints, etc. The monitoring of services is carried out to ensure quality performance, resolve faults or threats, and ensure compliance with Terms and Conditions in a manner that is consistent with the applicable laws.

3.9. WaveCom may grant Estonian law enforcement authorities access to its equipment upon their lawful request and to the extent necessary, to enable monitoring of the use of the Services or obtaining related data.

4. CUSTOMER'S RIGHTS AND OBLIGATIONS

4.1. The Customer has the right to use the Services according to their preferences and needs, but in compliance with the requirements of the Terms, applicable laws, and good practices.

4.2. The Customer shall not use the Services in a manner that disrupts the functionality of the communication network, technical systems, and servers.

4.3. The Customer shall inform WaveCom of any deficiencies, faults, or disruptions in the operation of the Services by contacting customer service or opening a support ticket in the Customer Portal.

4.4. The Client is responsible for the security of their data and user accounts (e.g., software updates, creating and maintaining backups). The Client shall not disclose the data that enables the use of their Services (e.g., usernames and passwords) to third parties; corporate clients must ensure that people using the Services on their behalf do not disclose such data to individuals without the right to receive them. The Client is responsible for all activities carried out using their username and password. It is strongly recommended that the client uses multi-factor authentication and/or ID card in the self-service portal and disables the possibility of logging in with just a username and password.

4.5. The Customer shall update the contact person's information in the Customer Portal if there are any changes.

4.6. The Customer shall use the Services according to the technical parameters specified in the Service order. If the ordered Service does not meet their needs, the Customer shall request a Service or additional resource that meets their requirements. Additional fees may apply for exceeding the technical parameters of the ordered Service if such fees are specified in the Price List.

4.7. The Customer shall pay the monthly fee even for the period when the provision of the Service was restricted or suspended due to circumstances caused by the Customer.

4.8. The Customer has the right to request copies of ISO 9001 and 27001 certificates or any other certificates attributed to WaveCom as evidence of compliance with WaveCom's requirements. Sworn auditors appointed by the Customer have the right to request copies of audit reports on information security standards to demonstrate WaveCom's compliance.

5. PRICE AND PAYMENT

5.1. The Customer pays for the use of the Services according to WaveCom's current Price List. The Price List is available to the Customer on the Website.

5.2. WaveCom invoices the Customer for the Services according to the chosen billing period. The billing period starts from the activation of the Service in the Customer Portal, and it is not dependent on whether the Customer has actually used the Service. The Customer shall immediately notify WaveCom if the invoiced amount for the Service has not been received on time or if the invoice is incorrect.

5.3. In the event of discontinuing the Service, the Customer pays the fee for the Service provided by WaveCom until the termination of the Service. If the Customer discontinues the Service before the end of the billing period, and the Service is billed on a period basis, the Customer pays the full fee for the period, and no refunds are made.

5.4. The Customer pays for the consumed Services within the payment deadline specified in the respective Service Conditions. If the Service Conditions do not specify a payment deadline, the Customer pays the invoice by the due date stated on the invoice, which shall not be less than 14 days.

5.5. WaveCom has the right to modify the Price List by providing a 30-day notice to the Customer. If the Customer continues to use the Services after the changes to the Price List have come into effect, it is deemed that the Customer has accepted such changes.

6. AMENDMENT OF THE TERMS

6.1. WaveCom has the right to modify the content, prices, and Terms (including Service Conditions) of the Services by notifying the Customer in writing at least 30 calendar days in advance. If the Customer continues to use the Services after the specified date in the notice, it is deemed that the Customer has accepted the respective changes. The changes will also be published on the Website before they come into effect. If the Customer does not agree to the changes in the Terms, the Customer has the right to terminate the use of the Services by submitting a termination request in the Customer Portal, and any prepaid amounts for the unused period will be refunded by WaveCom.

6.2. WaveCom has the right to make changes to the content and form of the Services for the purpose of enhancement and development without prior notification to the Customer. However, WaveCom will strive to notify the Customer in advance of significant and substantial changes.

7. SUSPENSION AND TERMINATION OF SERVICE PROVISION

7.1. WaveCom may suspend or refuse further provision of the Service or Services if the Customer has materially or repeatedly violated the Terms.

7.2. If the provision of the Service is suspended or terminated, the Client will no longer have access to the data. Upon termination of the Service, the data will be deleted, and restoration may no longer be possible. Further details are described in the specific terms of services.

8. LIABILITY

8.1. The Services are provided to the Customer on an "as is" basis, meaning that they are made available to the Customer in their current state, including any possible deficiencies. WaveCom does not guarantee that the Services meet the Customer's expected purpose. WaveCom ensures that the services comply with ISO 9001, 27001, and other standards and product conditions.

8.2. WaveCom is not liable for Service interruptions if the interruptions were caused by the Customer's violation of the Terms.

8.3. WaveCom does not guarantee that the provision of the Services will be uninterrupted and error-free. Although WaveCom makes every effort to ensure that the provision of the Services is as uninterrupted and error-free as possible, WaveCom is not responsible for any possible damages resulting from interruptions and errors.

8.4. WaveCom is only liable for direct financial damages caused to the Customer due to intentional or grossly negligent breach of its obligations. WaveCom is not liable for claims and damages arising from the Customer's inadequate measures and practices, attacks from the Internet, or eavesdropping on network traffic. In no event shall WaveCom's maximum liability for the provision of the Services exceed the monthly fee for the respective Service.

8.5. Disputes related to the Services shall be resolved by mutual agreement. In the absence of an agreement, the dispute shall be resolved by Harju County Court.

8.6. The Customer shall reimburse all costs incurred by WaveCom in connection with the recovery of debts, including reminder fees, legal assistance, and debt collection services.

9. CONFIDENTIALITY AND DATA PROTECTION

9.1. WaveCom and the Customer shall keep confidential any information obtained from each other in any form, which has been indicated by the disclosing party as confidential or can reasonably be considered confidential, as well as sensitive and other personal data, and shall use such information solely for the performance of their obligations related to the Services.

9.2. WaveCom has the right to provide data and documents about the Customer's debt to credit registries.

9.3. With the Customer's additional consent, WaveCom has the right to use the fact of providing the Customer with the Service for its promotional activities.

10. DATA PROCESSING

10.1. WaveCom collects and uses the data provided by the Customer during registration (and later specified) for the following purposes:

10.1.1. Provision, analysis, and development of the Services;
10.1.2. Informing the Customer about matters related to the provision of the Services;
10.1.3. Managing and analyzing the customer database for marketing or statistical purposes;
10.1.4. Sending newsletters, offers, reminders, invitations, feedback surveys, etc.

10.2. During subsequent communication and the provision of the Services, WaveCom may also collect data regarding the Customer's orders, payments, sent messages, and notifications, among other things.

10.3. WaveCom has the right to record information about the Customer's IP address and store necessary cookies on the Customer's computer or other devices used to access the Services.

10.4. WaveCom may disclose the Customer's data to third parties when necessary for the protection of WaveCom's rights (e.g., to courts, debt collection agencies, bailiffs) or to fulfill a legal obligation imposed on WaveCom.

10.5. When processing the Customer's data (cloud services and server hosting), WaveCom may use authorized processors whom it deems reliable and who operate in compliance with confidentiality protection or with whom WaveCom has entered into data processing agreements. By using the Services under these Terms, the Customer grants WaveCom permission to utilize such authorized processors.

10.6. WaveCom does not disclose the Customer's personal data to third parties for marketing purposes.

10.7. The Customer can access the data stored about them in the Customer Portal.

10.8. Upon the termination of all Services, the Customer may request the removal of all collected data. However, in compliance with the law, WaveCom is obliged to retain certain data, so WaveCom will remove as much customer information as possible. Typically, WaveCom will close the user profile, clear the Customer's modifications, email, and customer support ticket logs, and delete all data not related to billing.

10.9 The possibility of data leaks has been minimized, but in such a case, WaveCom will notify all relevant parties and immediately take security measures to minimize the damage.

11. ACCEPTABLE USE POLICY (AUP)

11.1. The purpose of the Acceptable Use Policy (AUP) is to ensure compliance with applicable laws, maintain network security and availability, preserve customer privacy, and regulate other factors that may affect the provision of the Services.

11.2. Any violation of the AUP is considered a material breach of the Terms, and WaveCom has the right to temporarily suspend or permanently terminate the provision of the Services.

11.3. The use of the Services and WaveCom's infrastructure for illegal activities or activities prohibited by the AUP is strictly prohibited. Specifically, the following activities are strictly prohibited:

11.4. Sending spam or engaging in email marketing activities is strictly prohibited. Spam refers to messages sent to recipients who have not requested or consented to receiving such messages. An exception is the general email address of a legal entity associated with a specific legal entity's domain. Additionally, mass mailing to addresses registered with free service providers (e.g., Gmail, Hotmail, etc.) is not allowed, even if such an email address is used as the official email address in the business registry.

11.5. Sending mass mailings with forged email headers and/or false contact information is prohibited.

11.6. Unwanted mass postings. Sending unwanted mass postings is considered spamming. Unwanted refers to messages sent to individuals who have not specifically confirmed their desire to receive messages from the sender. Mass email senders must maintain a complete and accurate record of all individuals who have subscribed to their mailings and provide evidence, including email messages and headers showing that the individuals have subscribed, upon request by WaveCom. Failure to provide evidence will be treated as confirmation that the recipient's complaint is valid and that the posting was unwanted.

11.7. The rules for mass postings also apply to mailing lists and newsletters. Allowed are postings of mailing lists and newsletters that are focused on a specific target group that has voluntarily subscribed or made their email address available to the Customer for the purpose of sharing information. A mailing list or newsletter must provide an automated unsubscribe option and guarantee that no more emails will be sent to that email address.

11.8. It is also prohibited to engage in unwanted mass postings at another service provider, in a manner that suggests any affiliation with WaveCom, regardless of whether the message originated from WaveCom's network.

11.9. Hacking or exploiting any security vulnerabilities is prohibited. Unauthorized access to any server or system, including other WaveCom customers' accounts or WaveCom's own accounts, or scanning them, is prohibited.

11.10. The use of WaveCom's services for storing, posting, displaying, transmitting, or otherwise making child pornography available is strictly prohibited. If WaveCom becomes aware that its network is being used for the storage or transmission of child pornography, the police will be immediately notified.

11.11. Intellectual property infringement, including copyright, trademark, patent infringement, and the possession, use, and distribution of pirated software or the use of third-party software without the necessary license or consent, is prohibited.

11.12. Denial of Service (DoS) attacks or any other attempts to disrupt the operation of any service or server located on another network are prohibited.

11.13. The distribution of viruses, malware, or any other form of harmful code is prohibited.

11.14. If the Customer's use of the Service results in DoS or DDoS attacks that disrupt or impede the provision of services to other customers, WaveCom has the right to implement corresponding limitations on the Services to maintain a high service quality for other customers on WaveCom's network.

11.15. If WaveCom's email servers or IP ranges are blacklisted or included in any email filtering software used by internet companies as a result of the Customer's AUP violations, a one-time fee of €50 will be added to the Customer's account to cover the estimated working time spent on removing the servers and IP ranges from the blacklists and protecting them.

11.16. WaveCom allows the hosting of adult content on its servers, provided that it complies with the laws of the Republic of Estonia and does not otherwise violate the AUP.

11.17. If the Customer resells the Service provided to them to their customers, they remain responsible to WaveCom. The Customer ensures that their customers are aware of the provisions in the AUP and that their activities comply with the AUP.

11.18. WaveCom does not provide refunds for the suspension or termination of Services resulting from the Customer's violation of the AUP.

11.19. The Customer is responsible for the proper use of the Service within the limits of their own hardware and software infrastructure, even if it was accessed by unauthorized persons or hackers.

11.20. If the Customer has information about AUP violations by third parties, they should inform WaveCom by sending an email to abuse@wavecom.ee.

11.21. If the Customer notices a violation of their intellectual property rights, including copyright, trademark, or patent infringement, or the use of their copyrighted materials in WaveCom's infrastructure, they should contact the infringing party and request the immediate removal of the infringing content. If the infringing party refuses to remove the violation or does not respond within a reasonable time, the Customer should notify WaveCom at abuse@wavecom.ee. The email should include information on the Customer's attempts to contact the infringing party and the results, as well as information about the materials related to the infringement hosted on WaveCom's infrastructure (material name, domain, or IP address where it is located). Additionally, include official evidence that confirms the Customer's ownership of the specific intellectual property rights.

VMware Cloud service

1. Used Terms and Service Content

Service – The VMware software platform owned by WaveCom, along with the associated hardware, is designed for the provision of business-critical services and allows the client to use server services, including the possibility to use virtual servers and other cloud services according to the service description published on WaveCom's cloud platform website. The service is provided in compliance with the standards ISO 9001:2015, ISO/IEC 14001:2015, ISO/IEC 27001:2013, ISO/IEC 27017:2015. The design and operation of the platform follow the manufacturer's best practices, security implementation guides (STIGs), and security hardening guidelines. VMware by Broadcom, as the software producer, ensures compliance with all required industry standards.

The management interface for using the service is VMware Cloud Director. This software, specifically developed by VMware for cloud service providers, enables clients to flexibly manage their virtual infrastructure while ensuring complete client isolation and security. Upon ordering the service, a client organization is created within the VMware Cloud Director environment, along with an administrator account and a virtual data center. The selection and management of resources (virtual processor, memory, datastore, network capacity, and IP addresses) used within the service are done through WaveCom's self-service portal.

The data centers where the hardware used to provide the service is hosted, and where the associated data resides, are located in Estonia, are ISO 9001:2015, ISO/IEC 27001:2013 certified, and comply with industry best practices.

The service adheres to Estonian legal regulations and legislation.

2. Service Maintenance, Support, and Fault Resolution

2.1. WaveCom monitors the solution 24/7 and is responsible for the operational performance of the service platform.

2.2. The client can report issues or request support for product usage through customer service channels such as a self-service support ticket, an email to support@wavecom.ee on weekdays from 9 AM to 9 PM, and on weekends and holidays from 12 PM to 5 PM, or by phone on weekdays from 9 AM to 5 PM at 6850000. Enterprise and Partner Services clients can additionally do so via Skype/Slack channels on weekdays from 9 AM to 9 PM and outside working hours through an emergency line, the details of which are provided when ordering the service. WaveCom offers support for using the service platform but does not provide support for operations related to operating systems and applications within virtual machines. Additionally, WaveCom's Help Center offers a comprehensive knowledge base for service management.

2.3. WaveCom responds to service disruptions immediately and resolves them as quickly as possible, but no later than within one (1) hour if the disruption significantly affects service functionality, such as impacting network connectivity or the operation of virtual machines or other services. Less critical issues, such as shortcomings in the functionality of the user interface, are resolved as quickly as possible, but generally within one (1) business day, except in cases where the correction of the issue requires software vendor patches or intervention. WaveCom is committed to documenting incidents related to the service and publishing them on the system status page, where you can also subscribe to an RSS feed, or alternatively providing the information to the client in another way upon request.

2.4. To ensure a stable and secure service, WaveCom regularly performs service maintenance, and in the case of the high-availability VMware cloud service, this does not disrupt the functionality of the services. In the case of known vulnerabilities, we immediately apply vendor-provided updates when they are available. If updates are not available, we implement the vendor's recommendations and measures to mitigate the situation. These measures may or may not reduce certain functionalities of the service platform. Once the corresponding update is available, we test it and then apply it to the service platform at the earliest opportunity.

2.5. During maintenance, the functionality of management environments may be temporarily affected. WaveCom does not notify clients in advance of such maintenance, but relevant notices will be posted in the environments during the maintenance period. WaveCom will inform clients of planned service maintenance and improvement work that may potentially disrupt service availability at least five (5) calendar days in advance. Planned maintenance is always performed outside of working hours. In urgent cases, WaveCom may also carry out maintenance at other times and make configuration changes without prior notice to the client. Relevant information will be published on the system status page, where you can also subscribe to an RSS feed, and clients will be notified via email.

2.6. WaveCom's service management and maintenance involve a trained and certified team using various roles and responsibilities for managing different components. Each responsible party has an assigned substitute.

3. Data Security and Backup

3.1. WaveCom continuously backs up customer data (5 days, 3 recovery points each day) to another data center using VMware vSphere replication, but does not guarantee a reasonably timely recovery in the event of a major global failure. The customer is obligated to create backup copies of their files with sufficient periodicity and store them outside the WaveCom network. Immediate restoration is guaranteed through the paid additional services Cloud Availability Draas and Veeam Backup.

3.2. In the event of the customer terminating the service, automation immediately removes virtual machines and all service components from the Cloud Director portal and data repositories, according to the termination deadline set for the service. The customer's backup solution data is not removed instantly; instead, this process occurs within 7 days after the termination of the service.

4. Responsibility

4.1. WaveCom's responsibility is limited to maintaining the platform and related services.

4.2. The customer's responsibility includes actions taken through self-service and the regular maintenance and operation of virtual servers, including operating systems, applications, and their security.

4.3. To prevent data leaks or security incidents, the customer is required to implement secure two-factor authentication through VMware Cloud Director and close default user accounts. Most SAML and OID-based service providers are supported for two-factor authentication. The same should be applied to the self-service portal.

4.4. The customer confirms and agrees that all transactions and operations performed using the customer's self-service and VMware Cloud Director accounts are considered performed by the customer, and the customer is fully responsible for all relevant actions and transactions.

4.5. Through the administrative interface, the customer may grant access to the infrastructure to third parties, but in doing so, the customer remains responsible to WaveCom for the activities of third parties using the infrastructure.

4.6. By using the service, the customer agrees to adhere to best practices, including recommendations provided in the help center, and refrain from any activity that contradicts these service terms, WaveCom's general terms, and the requirements of Acceptable User Behavior.

5. Service Level

5.1. If WaveCom fails to meet the service level as stated in section 2.3, the customer will be credited with the affected service fee for one (1) month upon the submission of a relevant claim.

5.2. For errors that are customer-specific and not global, the (1) hour period starts from the customer's reporting.

5.3. Credits can be used towards payment for WaveCom services but cannot be exchanged for cash payouts. To request a credit, the customer must submit a relevant claim within 30 days through the customer portal or via email.

6. Applicable Conditions

6.1. In addition to these VMware Cloud Service terms, the parties are guided by AS WaveCom's general terms, Acceptable User Behavior requirements, and pricing list in their mutual relations.

7. Processing of Personal Data

7.1. If WaveCom comes into contact with personal data in the provision of the service, the processing will adhere to the provisions outlined in AS WaveCom's general terms.

8. Additional Services

8.1. MS Windows Server and Application Licenses: In addition to server resources, WaveCom provides customers with the option to use the operating system according to the pricing list. Ordering is done through self-service. MS Windows Operating System requires a minimum of 8 Core licensing per VM, and for MS SQL Core-based services, a minimum of 4 Core licensing per virtual machine is required. The customer is responsible for ensuring that the number of vCPU cores used in servers matches the number of ordered licenses. Any change in the number of vCPU cores must be accompanied by a corresponding adjustment in the licensed core count in the License service.

8.2. Veeam Backup Solution

8.2.1. WaveCom offers a backup solution using the Veeam Enterprise Plus software for backing up virtual machines and applications. Customers can choose between fast SSD or regular SAS repositories. Ordering, resource selection, and management (storage, number of virtual machines) are done through WaveCom's self-service on the respective cloud service resource management page. The service interface, Veeam Enterprise Manager, is integrated into the VMware Cloud Director environment.

8.2.2. The customer is responsible for configuring, managing, periodically testing, and restoring and deleting data in the Veeam backup.

8.2.3. Upon discontinuation of the service, the customer can choose to delete backup workflows in advance, removing all data automatically after the retention period expires. Alternatively, data deletion occurs automatically within the retention period + 7 days.

8.3. VMware Cloud Availability Draas

8.3.1. WaveCom offers a backup solution using the VMware Cloud Availability software for virtual machine migration, replication, and disaster recovery.

8.3.2. Ordering, resource selection, and management (storage, number of virtual machines, and network services) are done through WaveCom's self-service. Upon ordering, a specialized DRaaS virtual data center is created in the VMware Cloud Director environment, located in a different data center, allowing the reception of replicated data from the customer's primary data center. The VMware Cloud Availability service interface is integrated into the VMware Cloud Director environment.

8.3.3. The customer is responsible for configuring, managing, periodically testing, and restoring and deleting data in Cloud Availability Draas.

8.3.4. Upon discontinuation of the service, the customer can choose to delete replication workflows in advance, removing all data. Otherwise, data is automatically removed within 7 days of service discontinuation.

Server Housing Service Terms
 

1. Terms and Service Content

1.1.     The service allows the client to use server hosting services, including the possibility to host servers individually, by rack or half-rack, according to the service description published on the WaveCom website under the Server Hosting section.

1.2.     The service is provided at AS WaveCom’s data center, which is designed for business-critical services. Power, climate, and communication systems have N+2 redundancy, and the premises have gas extinguishing systems. The data center is equipped with an EN50131 Grade 3 security system and a redundant multi-factor biometric access system. Equipment racks are also secured with biometric locks, and only responsible technicians have access to the racks. All access activities are logged. The premises are monitored by an intelligent 4K camera system that identifies authorized personnel access.

1.3.     The data centers and the service provision comply with ISO 9001, 14001, and 27001 standards and industry best practices.

1.4.     Ordering and managing the resources used within the service (service type, electricity, network connections, IP addresses, etc.) is done through the WaveCom self-service portal.

1.5.     When ordering the service in the self-service environment, the service and its management interface are activated, allowing IP address and reverse DNS management, power control on/off, and monitoring electricity and network traffic volume.

1.6.     Rack and half-rack services include a Colocation Manager service, which provides an overview of the placement and descriptions of the equipment in the rack.

1.7.     As an additional option, we offer a personal security system where a device with personalized sensors (door opening, vibration, humidity, temperature) is installed in the client’s equipment rack.

2. Service Maintenance, Support, and Fault Resolution

2.1.     WaveCom monitors the data center's operations 24/7 and is responsible for the center's functionality.

2.2.     The client can report faults or request support for product use through customer service channels such as the self-service helpdesk ticket, email to support@wavecom.ee on weekdays 9-21, weekends and holidays 12-17, or by phone 6850000 on weekdays 9-17. Clients can also use Skype/Slack channels on weekdays 9-21 and the emergency line outside working hours, with details provided when ordering the service. WaveCom also offers support and spare parts for faults in the client’s equipment.

2.3.     WaveCom responds immediately to service faults and resolves them as quickly as possible, but no later than within one (1) hour if the fault significantly affects service functionality, such as network connection or service operation. Less critical errors, such as user interface functionality issues, are resolved as quickly as possible but usually within one (1) working day unless the fix requires software vendor intervention. WaveCom commits to documenting incidents related to the service and making them available on the Status page or providing them to the client upon request.

2.4.     To ensure a stable and secure service, WaveCom regularly performs service maintenance and conducts annual continuity tests. During these tests, one power feeder in an electrical room is momentarily shut down, which may cause a power loss from one of the two power rails. This does not affect services with redundant power unless the client is not using redundant power in their equipment. For individual server hosting, WaveCom provides service through a special ATS switch to ensure uninterrupted power. For rack or half-rack hosting, it is possible to build power through an ATS switch or rent additional redundant power.

2.5.     WaveCom will notify the client of scheduled service maintenance and improvement works that may potentially affect service availability at least five (5) calendar days in advance. Scheduled maintenance is always carried out outside working hours. In urgent cases, WaveCom may perform maintenance at other times and make configuration changes without prior notice to the client. Relevant information will be published on the Status page, and clients will be notified via email and RSS feed.

2.6.     WaveCom uses a trained and certified team for service management and maintenance, with different roles responsible for managing different components and having exclusive access. Each responsible person has a designated backup.

2.7.     During maintenance of management environments, short-term interruptions in the functionality of management environments may occur. WaveCom does not notify clients in advance of such maintenance, but a relevant message will be posted in the environments during the maintenance.

3. Responsibility

3.1.     WaveCom’s responsibility is limited to maintaining the operation of the data center and related services.

3.2.     The client is responsible for actions performed through the self-service portal and for the regular maintenance and operation of hosted equipment, including hardware, operating systems, applications, and their security.

3.3.     To prevent data leakage or other security incidents, the client must use secure two-factor authentication in the self-service portal. Supported options for two-factor authentication include ID card, SmartID, MFA, and U2F solutions.

3.4.     The client confirms and agrees that all transactions and actions performed in the client’s self-service portal are considered to be executed by the client, and the client bears full responsibility for these actions and transactions.

3.5.     The client agrees to follow best practices, including recommendations from the help center and to refrain from any activity that contradicts these service terms, AS WaveCom general terms, or the Acceptable Use Policy.

4. Service Level

4.1.     If WaveCom fails to meet the service level outlined in section 2.3, the client will be credited for the affected service fee for one (1) month upon request.

4.2.     For client-specific, non-global errors, the (1) hour count starts from the client’s report.

4.3.     The credit can be used to pay for WaveCom services but cannot be exchanged for cash. To receive credit, the client must submit a request within 30 days via the client portal or email.

5. Applicable Conditions

5.1.     In addition to these VMware cloud service terms, the parties will adhere to AS WaveCom’s general terms, Acceptable Use Policy, and price list in their mutual relations.

6. Personal Data Processing

6.1.     If WaveCom processes personal data during the provision of the service, it will do so in accordance with AS WaveCom’s general terms. 

7. Data Center Access Procedure

7.1.     This procedure regulates access to WaveCom AS data center by clients, their authorized representatives, and their guests.

7.2.     Independent access rights to the data center are granted to Estonian citizens hosting a rack or half-rack after passing a background check.

7.3.     In other cases, and for individual server hosting, access is provided under the supervision of a WaveCom technician.

7.4.     To gain access rights to the data center, the client must submit the names, personal identification numbers, GSM numbers, email addresses, and document copies of the authorized persons requiring access.

7.5.     WaveCom AS issues biometric-based access and a security code to the client’s authorized representatives after they pass a background check, during which their credit and criminal records are reviewed. WaveCom AS reserves the right to deny access to individuals who fail the background check.

7.6.     By signing the background check consent form, the authorized individuals agree to the processing of their personal data for the purpose of the background check and for decisions regarding access rights both at the time of the decision and during the validity of the access rights.

7.7.     Access to the data center is granted to the client’s authorized representatives under the supervision or remote monitoring of a WaveCom AS representative, upon signing the access procedure, confirming compliance with its requirements. Independent access to the client's hosted equipment is available to the client's authorized representatives 24/7 (every day of the year, including national holidays).

7.8.     The data center administrator will provide instruction on the operation of the access and security systems, as well as the gas extinguishing system in the data center.

7.9.     It is forbidden to disclose information about the WaveCom AS data center to third parties. This includes, among other things, the building and room plans, the locations of various rooms relative to windows and entrances, the movement paths and corridors used in the building, and any other information, including details about the building’s construction and design, as well as the technical solutions of the rooms and support systems (unless this information is public).

7.10. The client’s authorized representatives are prohibited from bringing guests to the data center, except with prior authorization.

7.11. Access for persons with respiratory diseases, such as asthma, is at their own risk, due to the possibility of gas extinguishing activation.

7.12. The client is fully responsible for any damage or violations of this procedure caused by the client’s authorized representatives or accompanying third parties.

7.13. Data center doors must be closed. Temporarily disengaging the automatic door closer is only allowed to facilitate the transport of items, and it must be reconnected immediately after the transport operation is completed.

7.14. A client’s authorized representative must ensure that doors close after they enter and that unauthorized persons do not use the open door to gain access to the premises.

7.15. When leaving the data center, the client’s authorized representative is obliged to close the doors and arm the premises.

7.16. The client is liable for compensating WaveCom AS for any costs associated with security system alarms caused by the actions or inactions of the client’s authorized representatives.

7.17. The client is required to pay WaveCom AS a penalty of 300 EUR for each instance where the client’s authorized representatives fail to comply with the requirements in section 7.15 when leaving the data center.

7.18. During wet, muddy, or snowy seasons and in case of precipitation, the client’s authorized representatives and their guests are required to use shoe covers, available in the corridor.

7.19. Any cabling and construction work initiated by the client’s authorized representatives or third parties (outside of the hosted equipment rack) must be pre-approved by WaveCom AS personnel.

7.20. Work (including low-voltage work) must be performed by an authorized and qualified party, following EMC standards, applicable laws, and safety regulations. The cables and patches used must be halogen-free and marked as LS0H, LSZH, LSHF, LSNH, NHFR, HFFR, FRZH, LSFRZH. If necessary, suitable materials can be obtained from WaveCom AS.

7.21. The use of household appliances and electronic devices that emit EMC disturbances into the data room environment is prohibited.

7.22. It is prohibited to perform any work in the data center equipment rooms that generates dust or smoke, emits significant amounts of heat, or vaporizes liquids, or any work that poses a fire hazard.

7.23. It is forbidden to bring any liquids, flammable substances, or combustible items and materials (such as cardboard and wood) into the equipment racks.

7.24. The doors of equipment racks must be closed.

7.25. Contact with other WaveCom AS clients’ equipment racks is prohibited and will trigger an alarm.

7.26. Photography is only permitted for the client’s own equipment.

7.27. It is prohibited to bring or consume food items.

7.28. The client is responsible for removing their equipment's packaging materials and any waste resulting from installation work from the data center premises.

7.29. Storing devices, parts, or other items outside the storage room or equipment racks is prohibited.

7.30. The client’s authorized representatives and their guests are prohibited from adjusting or modifying any settings of the devices supporting and maintaining the operation of the WaveCom AS data center, except when intervention in the operation of these devices prevents an accident or widespread damage.

7.31. The client’s representatives are required to immediately report any issues encountered at the data centers (security, gas extinguishing, and climate system faults, environmental changes) to WaveCom AS personnel.

7.32. The client is liable for compensating WaveCom AS for any damage caused by the client's authorized representatives in violation of this procedure, as well as for the cost of repairs needed to remedy the damage.

7.33. WaveCom AS reserves the right to unilaterally amend this procedure by notifying the client at least 30 working days in advance.