This website is operated by NEXTDC Limited ACN 143 582 521.

Add-On Service Terms and Conditions

The terms and conditions listed below apply to any Add-On Services requested by the Customer. NEXTDC may update or modify these terms and conditions without notice and at its sole discretion.

Notwithstanding any provision to the contrary in any Master Services Agreement (or equivalent) entered into between the Customer and NEXTDC, and only in relation to this Add On Services Request, the aggregate liability of NEXTDC for any loss or damage, howsoever caused (including by the negligence of NEXTDC), suffered by the Customer in relation to this Add On Services Request is limited to:

(i) where the Customer suffers loss or damage as a result of a failure by NEXTDC to meet a Service Level, the relevant Service Credit specified in the SLA; and

(ii) in every other case, an amount equal to the Add On Services Fees paid by the Customer to NEXTDC in the twelve (12) months prior to the Customer first suffering loss or damage.

Guest Access

By submitting the request for Guest Access, the Customer understands and accepts that:

The escort must remain with, and accepts full responsibility for, the guest(s) for the duration of the access period.
NEXTDC can only issue a Guest Pass and provide access to the facility once NEXTDC has confirmed that the nominated escort is authorised.
NEXTDC reserves the right to refuse or withdraw access to any of its facilities at its discretion.

Contractor Access

By submitting the request for Contractor Access, the Customer understands and accepts that:

The escort must remain with, and accepts full responsibility for, the contractor for the duration of the access period.
NEXTDC can only issue a Contractor Pass and provide access to the facility for an inducted contractor once NEXTDC has confirmed that the contractor has been inducted.
NEXTDC can only issue a Contractor Pass and provide access to the facility for a contractor requiring an escort once NEXTDC has confirmed that the nominated escort is authorised.
NEXTDC reserves the right to refuse or withdraw access to any of its facilities at its discretion.

Induction

By submitting the request for Induction(s), the Customer understands and accepts that:

they are responsible for the personnel for whom the induction is requested.
A separate site induction is required at each NEXTDC data centre. Online inductions are valid for 12 months.
NEXTDC reserves the right to refuse any induction request in its own discretion.
they authorise NEXTDC to issue an Identification and Access Card (IDAC) to the inductee upon completion of their induction.
If all allotted free IDACs have been exhausted , NEXTDC will levy a charge of $10.00 per month (plus GST) for each additional IDAC issued to the Customer’s personnel.

Car Park Booking

By submitting the request for a Car Park Booking, the Customer and each of the Customer’s Personnel understands and accepts that:

Parking is at the risk of the driver/owner of the vehicle and NEXTDC accepts no liability whatsoever for any theft or damage to a vehicle or its contents while parked at a NEXTDC facility.
they are liable for and indemnify NEXTDC for any loss, damage or personal injury that may arise as a result of the presence of any vehicle or as a result of the actions or omissions of the driver or passenger(s) on NEXTDC premises.
NEXTDC reserves the right to refuse any parking request at its discretion.

Deliveries

By submitting the request for Deliveries, the Customer understands and accepts that:

NEXTDC is not liable for the condition of any delivered or stored goods. However, NEXTDC may inform the Customer if any visibly damaged items are noticed.
NEXTDC is not responsible for any loss or damage to any goods stored on NEXTDC premises. All storage of goods is at the Customer’s sole risk.
Goods not collected by the nominated collection date may be dealt with at NEXTDC's sole discretion and may attract additional charges. Goods which remain uncollected for a period of 3 months beyond the nominated collection date may be treated as being abandoned and NEXTDC may deal with such goods as it sees fit, including:

(i) storing it at the Customer’s expense at an on-site or off-site location;

(ii) shipping such property to the Customer’s address for notices specified in the Master Services Agreement (or equivalent) at the Customer’s risk; or

(iii) destroying such goods and charging the Customer for the cost of such destruction, to be paid upon demand. The Customer agrees to indemnify NEXTDC in relation to any claim relating to the loss, corruption, release or transfer of any data of any nature held on the goods dealt with by NEXTDC under this clause.

NEXTDC reserves the right to refuse any delivery request at its discretion.

The Customer warrants that no delivery or storage item will contain any of the following:

Explosives
Flammable substances
Dangerous chemicals
Toxic substances
Magnetised materials.

The Customer indemnifies NEXTDC for any loss, damage or personal injury that may arise as a result of the actions or omissions of any persons delivering or collecting the Customer’s goods.  

Staging Room Bookings

By submitting the request for Staging Room Bookings, the Customer understands and accepts that:

NEXTDC reserves the right to refuse or cancel any room booking request at its discretion.
Staging Rooms must be left in a neat and tidy condition and all rubbish must be disposed of by the customer. Free Rubbish Disposal facilities are available for the Customers use at no charge. Where Staging Rooms are not left in a neat and tidy condition, NEXTDC may perform reasonably necessary clean-up activities and charge the Customer for these actions.

Meeting Room Bookings

By submitting the request for Meeting Room Bookings, the Customer understands and accepts that:

Meeting room hire is at NEXTDC’s discretion and requires approval.
NEXTDC reserves the right to refuse or cancel a booking application at its absolute and sole discretion and for any reason, including but not limited to, where it is considered that the nature of the booking conflicts with NEXTDC’s policies or may impact NEXTDC adversely.
Customers are obliged to remove all goods and documents (“Goods”) when vacating the meeting rooms. Any Goods remaining in the meeting rooms following conclusion of a booking will be classified and treated as abandoned, and NEXTDC may deal with it as it sees fit, including but not limited to, removing, disposing, destructing, or storing at the Customer’s sole risk and expense, any or all of the Goods.
Where Meeting Rooms are not left in a neat and tidy condition, NEXTDC may perform reasonably necessary clean-up activities and charge the Customer for these actions.
The Customer is liable for any damage caused to the premises and/or the meeting rooms during the removal of goods and will leave the premises/meeting rooms clean and tidy after the collection of goods.
The Customer agrees to indemnify NEXTDC and keep NEXTDC indemnified and hold harmless from and against any liability, action, claim, breach of confidence, loss or damage for breach of copyright or breach of data in connection with the hire /use of these meeting rooms, and/or the booking, and/or NEXTDC exercising its rights under these Conditions.
Each indemnity contained in these Conditions is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing and it is not necessary for NEXTDC to incur expense or make payment before enforcing or making a claim under an indemnity.

Cross Connect / Structured Cabling

By submitting the request for Cross Connects or Structured Cabling, the Customer understands and accepts that:

NEXTDC does not warrant that any Connectivity Service will be free from interruptions, scheduled outages, errors, defects or failures and does not accept liability in connection with same, nor shall NEXTDC be liable for any delay or loss suffered as a result of its implementation in accordance with the instructions of the Customer or steps reasonably taken by NEXTDC to implement it. "Connectivity Service" means any connection between the Data Centre Space and any other space within, between or external to the Facilities (whether or not that space is provided by NEXTDC to the Customer or to a third party (including a carrier) and includes, without limitation, cross connects, data centre interconnects, dark fibre and any like services.
By submitting this Add-On Service Request, the Customer is requesting that NEXTDC provide the Connectivity Service as described in this Request; it is the Customer’s responsibility to ensure that:

1. The A End and B End of the proposed Cross Connect Service as specified in this request have sufficient cabling of the correct type available to enable NEXTDC to install the Cross Connect Service; and

2. If the proposed Cross Connect Service involves data centre space made available by NEXTDC to a third party, the Customer has obtained, and the Customer warrants that it continues to have the consent of the third party to the provision of the proposed Cross Connect Service. Where such third-party consent is revoked, the Customer undertakes to inform NEXTDC in writing immediately and indemnifies NEXTDC for any loss or damage arising out of the Customer’s failure to notify NEXTDC or maintain the relevant third-party consent. Where the B End is not a licensed telecommunications carrier, the Customer will provide a letter of authority to NEXTDC confirming this consent.

If either (1) or (2) above are not available to NEXTDC, then the provision of the Connectivity Service will be delayed.

Where insufficient, incomplete or incorrect information is provided to NEXTDC, preventing the completion of the Connectivity Service installation, NEXTDC will not be liable for delays or losses suffered as result of such delays.

Decommission Cross Connects

By submitting the request for Decommissioning Cross Connects or Structured Cabling, the Customer understands and accepts that:

1. Any request by the Customer to decommission a Connectivity Service is subject to the terms and conditions of the Customer Contract, pursuant to which the Connectivity Service was ordered (included, but not limited to any termination charges). In the event that the Connectivity Service is subject to any termination charges, these may need to be paid in full before the decommissioning of the Connectivity Service is completed*.

2. Notwithstanding any terms to the contrary in the Customer Contract, NEXTDC shall not be liable for any loss or inconvenience suffered, or liability incurred (including any consequential or indirect loss), by the Customer or any third party (including, without limitation, any end-user of the Customer) as a result of disconnecting the Connectivity Service in accordance with the instructions of the Customer or for any steps reasonably taken by NEXTDC to implement the Customers instructions. In any other case, the aggregate liability of NEXTDC (for all claims whenever made) for any loss or damage, however caused (including, without limitation, by the negligence of NEXTDC), suffered by the Customer (or it’s end-user) in relation to the disconnection of the Connectivity Service is limited to:

(i) $100.00 (AUD); or

(ii) if the Competition and Consumer Act 2010(Cth) or any other legislation provides that there is a guarantee in relation to the Connectivity Service and NEXTDC’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 2(i) does not apply to that liability and instead NEXTDC’s liability for such failure is limited to (at NEXTDC’s election):

(a) in the case of a supply of goods, NEXTDC replacing the goods, NEXTDC replacing the goods or supplying equivalent goods or repairing the goods; or

(b) in the case of a supply of services, NEXTDC supplying the services again or paying the cost of having the services supplied again.

3. To the extent that any exclusion or limitation of direct or consequential loss/damages is not allowed within the jurisdiction, only that portion of the limitation or exclusion may not apply.

4. The Customer agrees to indemnify and keep NEXTDC indemnified and hold it harmless from and against any action, claim, proceeding or allegation by or on behalf of the Customer or any third party relating to or connected with the decommissioning of the Connectivity Service (“Claim”), including but not limited to:

(i) any direct or indirect loss of any kind or alleged by such parties; or

(ii) any loss, corruption, interception, destruction or interruption of any data or material of any kind whatsoever transmitted by the Connectivity Service; or

(iii) any legal fees costs or disbursements incurred by NEXTDC in defending or answering any such Claim on a client-solicitor basis. Each indemnity under this clause is a continuing obligation, notwithstanding any settlement of account, or the occurrence of any other thing and it is not necessary for NEXTDC to incur expense or make payment before enforcing or making a claim under this indemnity.

5. By submitting (the Customer’s decommissioning request/instructions (“Request”), Customer warrants and agrees that:

(i) the Request is complete, correct and current as at the date of the Request and for the Target Decommission Date and sufficiently clear to enable correct disconnection;

(ii) the Connectivity Service is no longer required, active or in service as at the date of this Request (unless otherwise expressly agreed in writing with NEXTDC);

(iii) it is authorised to issue the Request and the Request is not in breach of any regulatory or contractual obligation;

(iv) it has notified all affected third parties including those using the Connectivity Service and has obtained and continues to hold their valid written consent (and NEXTDC shall be entitled to request evidence of such consent); and

(v) it hereby indemnifies NEXTDC in accordance with clause 4 for any failure under this clause 5.

"Connectivity Service" means any connection between the Data Centre Space and any other space within, between or external to the Facilities (whether or not that space is provided by NEXTDC to the Customer or to a third party (including a carrier) and includes, without limitation, cross connects, data centre interconnects, dark fibre and any like connectivity services.

*In the event that the Connectivity Service is subject to a fixed term period, early termination charges may apply and there may be a delay with achieving the Target Decommission Date (noted above).

Manage IDACs

By submitting the request for Managing IDACs, the Customer understands and accepts that:

If a replacement IDAC is required, this will be an Add-On Service Request - (IDAC) and fees may apply. Replacement IDAC’s may incur a one-time charge of $50.00 ex GST in addition to the standard monthly charge where repeated replacements are required.

Permit to Work

By submitting the request for a Permit to Work, the Customer understands and accepts that:

they accept liability for and indemnify NEXTDC for any loss, damage, death or personal injury that may arise as the result of or in connection with the actions or omissions of the Customer’s contractor while they are on NEXTDC premises.
Contractors who have not been inducted into the relevant NEXTDC facility must be escorted by an authorised person at all times.
NEXTDC reserves the right to refuse or withdraw any Permit to Work application at its discretion.
NEXTDC reserves the right to refuse or withdraw access to any of its facilities at its discretion.

Cable License

By submitting the request for a Cable License, the Customer understands and accepts that:

This Request will become part of the Customer Contract applicable to the Data Centre Space identified as the A End below. Capitalised terms used in this Add-On Service Request – Cable Licence have meaning given to them in the Customer Contract (or other like document) between the Customer and NEXTDC.
The Cable Licence Term commences on the earlier of: (i) the date the Add-On Service Request – Cable Licence has been provisioned by NEXTDC; and (ii) the Target Effective Date (as entered by the Customer in the Cable License Form). Subject to clause 1(c), the Cable Licence Term will continue for the remainder of the Customer Contract Term, or the relevant date the Customer has requested. The Cable Licence Term will continue until the: (i) expiration of the Cable Licence Term; or (ii) termination of the Customer Contract pertaining to the A End space and / or B End space.
The Data Centre Space, the subject of this Customer Contract, includes access to the Designated Area for the Specified Purpose.
Despite any other clause of this Customer Contract:

NEXTDC grants the Customer, for the duration of the Customer Contract Term and subject to the terms and conditions of this Customer Contract, a non-exclusive, revocable, non-transferrable licence to install, access, operate, use and maintain the Customer's Cables situated within the Designated Area for the sole purpose of connecting the A End to the B End ("Specified Purpose"). For the avoidance of doubt the Customer Cables must only be used for direct connections to the Service Provider at the "B" end, or NEXTDC facility interconnect rooms (any onwards connection from NEXTDC interconnect rooms will incur Cross Connect Fees at the then current rates). The Customer will at its sole expense use a person who:

Possesses an open cabler licence to either perform or supervise the Specified Purpose; and satisfies the Insurance Requirements; and is approved by NEXTDC to install cables within the Facility.
The Specified Purpose must be carried out in accordance with terms of the MSA and any conditions attached to the Permit to Work.

NEXTDC may impose conditions to the grant of Permit to Work (including what works are to remain, what is to be removed and what is to be reinstated and to what condition when the Customer vacates the Data Centre Space).

Remote Hands

By submitting the request for Remote Hands, the Customer understands and accepts that:

Notwithstanding any provision to the contrary in any Master Services Agreement (or equivalent) entered into between the Customer and NEXTDC, and only in relation to this Add On Services Request, the aggregate liability of NEXTDC for any loss or damage, howsoever caused (including by the negligence of NEXTDC), suffered by the Customer in relation to this Add On Services Request is limited to an amount equal to the Add On Services Fees paid by the Customer to NEXTDC in the twelve (12) months prior to the Customer first suffering loss or damage.

During the COVID-19 (Coronavirus) Pandemic NEXTDC will provide additional assistance where possible on a best efforts basis through an expanded non-standard Remote Hands Service. NEXTDC will contact the Customer and confirm their ability to assist with non-standard requests, advise adjusted lead-times and any other related impacts prior to completing the request (where applicable).The provision of these non-standard Remote Hands Services is outside the scope of the Master Services Agreement (or equivalent agreement) between NEXTDC and the Customer. Accordingly, NEXTDC’s liability in relation to these non-standard Remote Hands Services is limited to the cost charged by NEXTDC for providing the non-standard Remote Hands Services, due to which the Customer first suffers loss or damage. The full terms and conditions for non-standard Remote Hands requests are available here.
Subject to rights that cannot be excluded under the Australian Consumer Law, NEXTDC does not warrant that any Add-On Services will be free from interruptions, scheduled outages, errors, defects or failures and does not accept liability in connection with same, nor shall NEXTDC be liable for any delay or loss suffered as a result of its implementation in accordance with the instructions of the Customer or steps reasonably taken by NEXTDC to implement it.

NEXTDC Limited, Add On Terms of Service