Service Level Agreement for Dedicated Server Clients

AUSWEB.com.au is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the AUSWEB.com.au network. The AUSWEB.com.au Service Level Agreement (SLA) guarantees our network/equipment reliability and performance.

Uptime Guarantee:
The Provider strives to maintain a 99.8% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by the Provider's monitoring systems or authorized/contracted outside monitoring services. If the Provider fails to meet it's 99.8% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. The Provider does not credit a full month's service for minor downtime. "Partial refunds for partial downtime" is our standard policy. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Provider's network caused by or associated with:
• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
• Telco Failure (ie...Telstra cutting a fiber line somewhere)
• Backbone peering point issues (ie...UUnet™ having a router go down in NSW that wipes out internet service for the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). AUSWEB utilizes only name brand hardware of the highest quality and performance.
• Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
• DNS issues not within the direct control of AUSWEB
• Network floods, hacks, attacks from outside parties or individuals
• Failure or error of any AUSWEB.com.au monitoring or measurement system
• Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of the Provider's service(s) in breach of the Provider's Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
The Provider's goal is to make the network available to the Client free of outages for 99.8% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to service failure for more than 30 consecutive minutes, excluding service failures relating to scheduled maintenance and upgrades.
Measurement:
The Provider will periodically (on average every 10 minutes) monitor the network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the Provider's network but not other networks to which Client may connect. The Provider reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.
Hardware Failure:
The Provider stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. The network utilizes only name brand hardware of the highest quality and performance. All faulty hardware affecting performance levels of equipment will be replaced within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem.

Credits:
Credit requests must be made to the Provider's Support Department, by emailing billing@ausweb.com.au. Each request in connection with network/server outages/downtime must be received by the Provider within five days of the occurrence. Upon Client's request (in accordance with the procedure set forth below), the Provider will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by the Client to the Provider and confirmed by the Provider's measurement reporting. Such credit will be equal to 6 hours service extension for every 30 minutes of network outage/downtime to be credited at the end of the period paid.
General:
The Provider reserves the right to change or modify this SLA , and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, the Provider makes no claims regarding the availability or performance of the Provider's network or servers.