Appendix B to Schedule 4 MarketplaceSellers' Rules v1.1
“Outage” means an activity, error or issue that intentionally or unintentionally brings down an affected server;
“Unacceptable Use” means use that is contrary to the provisions of the AUP.
1. Seller warrants to OnApp that Seller’s service will at all times meet or exceed the requirements of its Cloud Score, if any, applicable from time to time.
2. Sellers must comply with the SLA applicable to them, which is also hereby incorporated into and forms part of the Agreement.
3. OnApp shall comply with the payment rules applicable to Seller in accordance with its agreement with OnApp.
4. Sellers shall not access information provided for or on behalf of Buyers, analyse it, read it (by machine or human eye or otherwise), modify or adapt it copy, publish, re-distribute it or otherwise process it except as expressly authorised by the Buyer and strictly in accordance with its instructions or as strictly necessary to enable the Buyer to use the Capacity.
5. During the Agreement and for 12 months after it, Sellers shall not actively solicit for Capacity business with entities they know to be Buyers or to have been Buyers in the preceding 12 month period.
6. Sellers must not offer Capacity in territories or jurisdictions in which such services are unlawful or only permitted subject to conditions or restrictions that they do not at all times meet or fulfil.
7. Seller acknowledges and accepts that although OnApp purchases Capacity from Sellers and sells it to Buyers, it is Buyers that actually use the Capacity. OnApp makes no inquiry about and makes no representation or warranty about the nature, type or quality of Buyers or the information that they may introduce into the Marketplace and/or Seller’s Capacity. OnApp takes reasonable steps to ensure that Buyers comply with Marketplace rules and may take action to suspend or exclude them where it considers that appropriate and lawful. Seller acknowledges that OnApp is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Capacity, and OnApp will not have any liability to the Seller in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, data, equipment, networks, or other materials) or for lack of use or reduction in resources suffered by Sellers or their systems or Capacity as a result of anything done or not done by any Buyers. OnApp shall not have any liability to Seller for its suspension or termination of any Buyer at any time.
8. As part of the Agreement we shall agree with you a price, which you may publish in the Marketplace, at which you will sell to us and we will buy Capacity from you. You
will not publish another price as well or instead. During the Agreement, you may not alter or amend your price for the sale of Capacity to us without our prior written consent. Failure to comply with the provisions of this section 7 will impact your Cloud Score and may result, in our absolute discretion, in the suspension or termination of your ability to continue as a Seller and/or Buyer temporarily or permanently.
9. It is unlikely we shall need to but if we consider it necessary we may suspend or terminate your account at any time without cause on not less than 28 days written notice in which case we shall pay to you all unpaid monies that are then or may thereafter become due and owing to you subject to applicable set-offs.
10. Notifying OnApp and Buyers. As a Seller you shall notify OnApp and Buyers in writing as follows. Failure to do so will impact your Cloud Score and may result, in our absolute discretion, in the suspension or termination of your ability to continue as a Seller and/or Buyer temporarily or permanently:
(i) In cases of Unacceptable Use by a Buyer, upon first becoming aware of such use you will shutdown the Virtual Machine and notify OnApp using the “Report A Problem” button within 1 hour in critical cases (e.g. DDoS attacks) and within 24 hours in non- critical cases;
(ii) For Outages that are temporary, you must give Buyers two (2) weeks notice before the Outage starts;
(iii) For Outages that affect individual Virtual Machines, you must raise a support ticket for Hypervisor Servers and use the “Report A Problem” button;
(iv) For emergency temporary Outages, you must give Us as much notice as possible if you intend one or notify us immediately if it occurs without warning;
(v) if you wish to leave the Marketplace as a Seller or to remove a zone, (“permanent shutdown”), you must give Buyers twenty eight (28) days prior notice by notifying OnApp Support.
v1.1 – December 2015
Added clauses 2 and 8
v1 – May 2015