CONFIDENTIAL
Version History
SCHEDULE 14
KS Cloud Services
Version No.
Date Comments
13.0 Added as per CCN1645
14.0 20/12/2021 Moving Schedules to V14.0
15.0 11/04/2024
Moving all Schedules to V15.0
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1.4
1.2
2.2)
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SCHEDULE 14
K5 CLOUD SERVICES
INTRODUCTION
This Schedule shall not apply in the circumstances where Post Office (or a third party
acting on behalf of Post Office) has direct access to the K5 cloud platform for the
purposes of test and development in a separate environment to the Horizon
production environments. In such circumstances, such access and use of the K5
cloud platform shall be undertaken pursuant to clause 76.
Paragraph 2 of this Schedule sets out the provisions that shall apply in respect of the
Cloud Services, amending or supplementing the terms and conditions of the
Agreement as they apply to the Cloud Services.
SUPPLEMENTARY TERMS
Termination
2.1.1
Subject to paragraph 2.1.2, Fujitsu Services may, upon not less than 12
months’ prior written notice elect to discontinue all or part of the KS Cloud
Services (such as, but not limited to, where Fujitsu Limited or Fujitsu
Services closes the K5 cloud platform or no longer supports a particular
element which is needed by the Post Office), in which case, Fujitsu Services
shall, at its cost, migrate the Cloud Services to an alternative platform as
may be selected by Fujitsu Services provided that: (i) Fujitsu Services has
acted reasonably and sought to take into consideration any concerns raised
by Post Office as to such alternative platform; and (ii) the alternative platform
provides a service that is equivalent to or better than the K5 Cloud Services
with respect to performance, functionality and security. Fujitsu Services
agrees that the total Charges payable by the Post Office for the Cloud
Services shall be unaffected notwithstanding the migration to the alternative
platform. Subject to paragraph 2.1.2, in the event that the Post Office incurs
any costs as a result of any such move to an alternative platform, Fujitsu
shall be liable to the Post Office for such reasonably demonstrable costs
provided that these shall not exceed £1,000,000.
Paragraph 2.1.1 shall not apply with respect to the implementation of those
projects that are agreed between the parties as using the K5 cloud platform
only on a temporary basis prior to migration to an alternative cloud platform
(currently being HNGT, HIH and Agent's Portal). Instead, the movement of
such projects to alternative cloud platforms is hereby agreed by Post Office,
subject to the costs of such movement being agreed by the parties.
No Direct Access
2.2.1
The parties agree that the Post Office shall not have the right to directly
access the K5 cloud platform and will not be provided with any administration
tights to do so. Any access by the Post Office (or any of its personnel, agents
or subcontractors) shall be a breach of this Agreement. Should Post Office
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request any such direct access, Fujitsu Services shall deny such request
and escalate the same to the Post Office’s Group ClO. In the event that
Post Office repeatedly breaches the provisions of this paragraph 2.2.1,
Fujitsu Services shall be entitled (provided it has first escalated the same to
the Post Office’s Group CIO), on no less than six months’ prior written notice
to the Post Office, to migrate Post Office to an alternative platform and Post
Office shall pay the reasonable costs associated with such move. Fujitsu
Services shall nevertheless maintain the provision of the Services
throughout any such migration.
In the event that Post Office subsequently wishes to have (or wishes one of
its subcontractors or agents to have) direct access to the K5 cloud platform,
the parties will agree any necessary operational changes to the Cloud
Services.
2.3 Changes
2.3.1
2.3.2
2.3.3
2.3.4
2.3.5
Fujitsu Services may: (i) change and discontinue at its discretion any of the
Cloud Services; (ii) change or remove features or functionality of any of the
Cloud Services from time to time; and (iii) change the Service Descriptions
relating to the Cloud Services. Unless paragraph 2.3.2 below applies, such
a change will not require approval from the Post Office.
Where any proposed change is material and may degrade the functionality,
performance or security of the Cloud Services, in the reasonable opinion of
the parties (as discussed in the appropriate governance forum), Fujitsu
Services will provide the Post Office with at least 3 months’ prior written
notice before such change is implemented and the parties will agree the
manner in which the effects of the change can be mitigated. Where
appropriate mitigations are not possible, Fujitsu Services shall migrate the
Cloud Services to an alternative platform in accordance with the provisions
of paragraph 2.1.
For the avoidance of doubt, where any change to the Cloud Services may
impact any software licensed to Post Office by a third party independently of
Fujitsu Services, such change shall be assessed in accordance with
paragraphs 2.3.1 and 2.3.2.
Without prejudice to clause 4, the parties will include, as an item within the
appropriate governance forum, a forward-looking schedule of changes to the
Cloud Services. Fujitsu Services will use its reasonable endeavours to keep
the list up dated such that, where possible, changes proposed are included
at least 6 months in advance.
The parties agree that prior to the commencement of any Services that make
use of the K5 cloud platform in a live environment, the parties will agree
through the Change Control Procedure any necessary changes to the
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service descriptions within the Agreement that relate to the use of the Cloud
Services.
2.4 Customer Content
241
2.4.2
Post Office is responsible for the Customer Content and: (a) shall ensure
that it does not, and that its End Users do not, use the Cloud Services to
transmit any Customer Content which is unlawful, fraudulent, defamatory,
offensive, obscene or that may bring Fujitsu Services or any other member
of its group’s reputation into disrepute or cause harm or damage in respect
of any person, entity, network or system; (b) shall obtain all necessary
permissions to use, provide, store and process Customer Content; and (c)
shall grant Fujitsu Services permission to use Customer Content to provide
the Cloud Services to the Post Office and any End Users.
“Customer Content” means the data, information and material, including
the Application Software and any data, text, audio, video, images or other
content, that the Post Office or the End User provider, transmits or stores
using any of the Cloud Services, excluding any such data, information or
material created or provided by Fujitsu Services.
2.5 Information Security
2.5.1
Fujitsu Services may install an intrusion detection system (“IDS”) in Fujitsu
Services’ equipment in order to help detect communications attempting to
disrupt or disable any of the Cloud Services, hack into Fujitsu Services’
equipment, or perform hacking using Fujitsu Services equipment, including
equipment installed for providing the Cloud Services (collectively,
“Offensive Communication’). The contents of any communications with
Fujitsu Services’ equipment or using Fujitsu Services’ equipment may be
verified by Fujitsu Services through the IDS to determine whether such
communications are Offensive Communications. Fujitsu Services may
tabulate and analyse the records of Offensive Communication obtained with
the IDS, create statistical data, and use and process the same only for
purposes of improving the security of any of the Cloud Services, the Fujitsu
Environment and Fujitsu Services’ other products and services.
2.6 Acts of Emergency
2.6.1
In the event of an emergency and where necessary to protect the integrity
of the Cloud Services or to manage or prevent a security risk, Fujitsu
Services may temporarily interrupt the Cloud Services and Fujitsu Services
shall use reasonable efforts to notify the Post Office promptly upon any such
requirement. For the avoidance of doubt, no such interruption shall act to
relieve Fujitsu Services from its obligations to provide the Services in
accordance with the Service Levels, nor shall it in any way act as a relief
event in respect of any such Service Levels.
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