AUSWEB Service Level Agreement
for Dedicated, Virtual Dedicated, and Colocation Services

AUSWEB.com.au Pty Ltd. (“AUSWEB”) provides a range of dedicated, virtual dedicated, and colocation hosting services, and this Service Level Agreement ("SLA") outlines the service guarantees we provide our Customers that utilise the aforementioned services. AUSWEB utilises a range of monitoring tools to ensure we meet our SLA to the Customer, and we retain sole discretionary power to determine if a guarantee has or has not been met.

Definitions

“Customer”: Person, persons, organisation, company, or business to whom hosted services have been supplied by AUSWEB.

“Hosted services”: Dedicated Server, Virtual Dedicated Server, or Colocation services provided by AUSWEB to the Customer.

“Up-time”: the total percentage of hours per month where hosted services do not experience down-time.

“Down-time”: the total duration per month where hosted services experience operational or access issues that are the result of issues within the AUSWEB network or on AUSWEB maintained hardware and are not due to scheduled outages or issues as outlined in the “Exclusions” section of this SLA.

“Scheduled outages”: periods where a hosted service may be inaccessible due to hardware or software maintenance or upgrades required to maintain AUSWEB’s up time guarantee.

“Un-Managed”: where a hosted service’s software administration, operation, and maintenance is not directly handled by AUSWEB System Administrators.

99.9% Network Uptime Guarantee

AUSWEB guarantees a network service availability of 99.9%, except where scheduled maintenance results in a scheduled outage for which the Customer has been notified about prior to the maintenance occurring. AUSWEB administrators will determine the onset and conclusion of any down-time that may result in a claim against this SLA through the use of industry standard network monitoring tools. AUSWEB only takes responsibility for the service availability within its immediate routing perimeters, and will not be held liable for outages that occur due to network or equipment failures outside of its direct control.

Down-time Exclusions:

The guarantees in this SLA do not cover down-time that is the result of any of the following:

• Hardware components or software owned and operated by the Customer as part of their local network or equipment infrastructure. This includes, but is not limited to, firewalls, routers, local area workstations, or other servers, equipment, and software that have the potential to control or interfere with the Customer’s local networking environment.
• Internet connectivity provided to the Customer by third party ISPs or network providers end-user software.
• Issues with FTP, POP, IMAP, or SMTP Customer access.
• DNS issues outside the direct control of AUSWEB.
• Circumstances beyond AUSWEB’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, virus attacks, hackers or data loss.
• Interruptions, delays or failures caused by the Customer or Customer's employees, agents, or subcontractors. This includes, but is not limited to, incorrect server component or software configurations, non-compliant use of any installed software, server resource(e.g. RAM, CPU, Disk Space, Network Bandwidth) over-utilisation.
• Any problems related to attacks such as hacking, DDOS attacks, bandwidth-based attacks of any nature, service exploits, or operating system exploits.
• Problems associated with an operating system, software, or applications.

Hardware Replacement Guarantee

AUSWEB guarantees that any component causing a hardware failure will be replaced within four (4) hours of the Customer notifying AUSWEB through the ticketing system. This guarantee only applies to servers with a production life of less than 24 months and is provided with the following limitations:

• This guarantee does not include the time required to rebuild a RAID array and/or reload an operating system or applications.
• AUSWEB is not responsible for the restoration of data to any server. If hardware failure and subsequent data loss occurs, the Customer is solely responsible for the restoration of their data.
• AUSWEB shall not be held liable for ay loss of data under any circumstances. If a hardware failure causes corruption to the operating system, data stored on the server, or the service configuration, AUSWEB will only attempt to restore the system to its original state when reasonably possible.

SLA Claim Processing

For a Customer to receive a credit under this SLA, a claim must be submitted within thirty (30) days of the end of the month that the down-time occurred in and is subject to the following conditions:

• A credit is only offered to AUSWEB Customers in good financial standing with AUSWEB at the time of down-time. Credits will not be applied to Customers who have unpaid and overdue amounts outstanding to AUSWEB at the time of the down-time occurring.
• To officially claim a credit, a Customer must open a support ticket from within their AUSWEB Client Area and submit it to the billing department.
• When making a claim, the Customer must include the service type, IP Address, its contact information, and a full description of the service interruption, including the dates and times of the unavailability of the services and any logs, if applicable.
• Each claim will be researched by the appropriate AUSWEB department manager and any credit approved by AUSWEB will be sent to the AUSWEB billing department, and the ticket will be updated.
• If a credit is approved by AUSWEB, credits will usually be issued within thirty (30) days of the Customer’s credit request. Credits will be calculated based on the actual level of unavailability of the affected services and will be based on the actual charges incurred by Customer for the affected services during the affected month.
• The maximum credit shall not exceed one-hundred percent (50%) of the monthly service charge for the affected services in the affected month. Credits will be issued as service credits on future billing cycles. Credits to a Customer’s account shall be that Customer’s sole and exclusive remedy in the event of down-time.

Calculation of Credits

Credits will be calculated based on the following criteria:

Network Related Down-time: Customers may apply for a credit of one percent (1%) of the monthly fee for the affected services for each ten (10) consecutive minutes of down-time.

Hardware Failure: Customers may apply for a credit of one percent (1%) of the monthly fee for the affected hardware for each ten (10) consecutive minutes of down-time where the hardware is not replaced beyond the first four (4) hours from the hardware failure being reported.

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