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Terms and Conditions & SLA (Service Level Agreement)

Terms and Conditions & SLA (Service Level Agreement)

Terms and Conditions

FASTDOT.COM.AU Pty Ltd (ABN 49 002 454 631), trading as FASTDOT (“FASTDOT ”)

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES (“STANDARD TERMS”)

  1. APPLICATION OF THESE STANDARD TERMS
    1. A person or company (Customer) that places an order with FASTDOT (Order) for the provision of services (FASTDOT Services), subject to FASTDOT’s acceptance of the Order, enters into a binding legal agreement with FASTDOT(the User Agreement) which consists of:
      • the Order;
      • these Standard Terms and Conditions of Service ; and
      • the Service Level Agreement, which can be viewed . The Service Level Agreement details the terms and conditions of requesting support from FASTDOT, FASTDOT’s Service Level Commitment, the process for requesting Service Level Credits, and the terms and conditions relating to FASTDOT System Maintenance.
    2. By placing the Order, the Customer agrees to be bound by the User Agreement and FASTDOT will create the Customer’s account for the FASTDOT Services (Customer Account).

 

  1. INTERPRETATION
    1. In the User Agreement, unless the context requires otherwise:
      • The singular includes the plural and vice versa.
      • A reference to any gender includes all other genders.
      • A reference to a statute means that statute as in force from time to time, and to any statute passed in substitution for that statute.
      • The word includesmeans includes but is not limited to.
      • Where one part of speech of a word is defined, other parts of speech of that word have corresponding meanings.
      • A reference to A$, $A, dollar, or $ is to Australian currency.
      • If a day on or by which an obligation must be performed or an event must occur is not a business day in the place where it is to be performed, the obligation must be performed or the event must occur on or by the next business day.
      • Headings are for ease of use and reference only, and do not affect interpretation.
      • In Writingincludes emails.

 

  1. PROVISION OF THE SERVICES
    1. FASTDOT Services are intended for use by commercial entities (including non-profit and charitable entities, government agencies and departments, schools, and similar organisations). Any individual placing an order accepts this limitation, and further accepts that any Consumer Protection legislation which operates in any jurisdiction does not apply to the User Agreement, to the degree permitted by law.
    2. FASTDOT Services are provided only to individual Customers who are 18 years of age and older.
    3. FASTDOT will commence supplying the FASTDOT Services to the Customer within seven days of the date of the Customer’s first payment for the Charges unless otherwise agreed in writing with the Customer.
    4. FASTDOT will continue to provide the FASTDOT Services unless suspended in accordance with Section 8 or until the User Agreement is terminated in accordance with Section 10.
    5. Each FASTDOT Service has a specification and description of suitable use (Product Description). It is the responsibility of the Customer to ensure that the particular FASTDOT Service selected is appropriate for their needs.
    6. As part of the sign-up process, FASTDOT will provide the Customer with the log-in information necessary for the Customer to access and use the FASTDOT Services.

 

  1. CHARGES
    1. The initial subscription to a FASTDOT Service requires the Customer to provide the details of a valid and accepted credit card for payment.
    2. The credit card data provided by the Customer to FASTDOT will be used to establish a payment account with a third-party payment processor. The credit card details will be held by FASTDOT to facilitate subsequent payments.
    3. The Customer is responsible for ensuring that the credit card details provided to FASTDOT are current and correct.
    4. Charges for the FASTDOT Services (Charges) will be calculated according to the billing option and pricing structure for the particular FASTDOT Services selected by the Customer and charged in advance to the Customer’s credit card.
    5. Some Charges cannot be determined in advance (e.g., internet traffic usage). Charges for such FASTDOT Services not prepaid by the Customer will be invoiced and charged monthly.
    6. cPanel Web Hosting customers that require troubleshooting or technical support must order “Advanced Technical Support” as a prepaid add on from their Client Area (https://my.fastdot.com.au/cart.php?gid=addons).
    7. All Charges are exclusive of taxes, duties and government charges, other than income tax, imposed or levied in Australia or overseas in relation to the supply of the FASTDOT Services (Taxes). The Goods and Services Tax (GST) and other Taxes imposed on FASTDOT shall be added to the Charges where applicable, and shall be paid in accordance with Section 5.
    8. The Customer is liable for all Charges for FASTDOT Services accessed through the Customer’s identification or log-in information whether authorised by the Customer or not, other than unauthorised access resulting from the negligence or wrongful conduct of FASTDOT.
    9. Charges may be modified in accordance with Section 12.

 

  1. PAYMENT
    1. FASTDOT provides a pre-paid service. Therefore the Customer must pay any Charges in advance by the due date specified to the Customer by FASTDOT to receive the FASTDOT Services.
    2. Apart from any 30-day money-back guarantee provided for new purchases described on the FASTDOT website, FASTDOT is not required in any circumstances to refund any prepaid charges unless the Customer’s account is terminated by FASTDOT in accordance with Section 10.
    3. All overdue Customer Accounts will incur interest at the rate prescribed under the Penalty Interest Rate Act (Vic.).
    4. FASTDOT may refer Customer Accounts more than 30 days in arrears to a debt collection agency, without notice to the Customer.
    5. The Customer must pay FASTDOT on demand any expenses incurred by FASTDOT as a result of the Customer’s failure to pay the Charges by the due date, including debt collection fees and FASTDOT’s legal costs on a full indemnity basis, regardless of whether FASTDOT has commenced legal proceedings to recover the amount due.
    6. If the Customer has a bona fide dispute regarding the Charges payable on the Customer’s Account (Dispute), and has notified FASTDOT of the Dispute and the reasons for it, the Customer may withhold the disputed amount of the Charges until the Dispute is resolved, but must not withhold any other part of the Charges.
    7. The Customer must pay FASTDOT the undisputed amount of the Charges immediately and the disputed amount of the Charges within 60 days of the due date for payment unless the Dispute has been resolved or referred by a party to a court, tribunal, or other body with authority to resolve it.

 

  1. USE OF THE SERVICES
    1. The Customer is responsible at its own expense for the provision of all equipment, including computer hardware and telecommunication connections, needed to use and access the FASTDOT Services.
    2. The Customer must comply with:
      • all laws and all reasonable directions from FASTDOT in relation to the use of the FASTDOT Services; and
      • any other reasonable policies FASTDOT may notify to the Customer from time to time in connection with the provision or use of, or access to the FASTDOT Services.
    3. If the FASTDOT Services include hosting services which incorporate material created by third parties, the Customer must obtain, at its own expense, all necessary authorisations for FASTDOT to use or reproduce the material to the extent necessary to provide the FASTDOT Services.
    4. The Customer must ensure any person who accesses the FASTDOT Services does not use, or attempt to use, the FASTDOT Services:
      • to infringe the intellectual property rights of any person, including use, sale, or transmission of software or other material which infringes copyright;
      • to publish, distribute, or issue any information or material which is illegal in the State of Victoria, obscene, defamatory, threatening, or abusive, or which vilifies any group of persons;
      • for any purpose or activity which is illegal, or to promote any such activity;
      • in a way that is inconsistent with the Product Description, and in particular, use the FASTDOT Services to perform tasks or activities proscribed in the Product Description for that Service, if any;
      • to provide links to another website which contains any content which contravenes these conditions;
      • to interfere with or disrupt FASTDOT or its business, other Internet users or other service providers, or their computers, software or hardware, including by the propagation malicious software such as computer worms, Trojans, and viruses;
      • to access without authorisation any other computer accessible via the FASTDOT Services.
      • with any software that enables online anonymity, misleading IP identification, provides a hidden service, or prevents FASTDOT from complying with legal obligations.
    5. The Customer shall take all reasonable steps to ensure that the Customer’s hardware, software, or network configuration (including IP addresses) are not used to cause any security breach or attack on FASTDOT’s or other Customers’ hardware, software or network configurations.
    6. The Customer must not run software that is intended, or has the effect of, adversely impacting other customers, servers (physical or virtual), or platforms within the FASTDOT network, or interrupting or causing data collection systems (including billing and rating systems) from correctly operating.
    7. The Customer is responsible for all access and activities undertaken through their account. FASTDOT is not responsible for any damages whatsoever arising from the disclosure of the Customer’s passwords or a third-party gaining access to the Customer’s account due to insecure or weak password selection by the Customer.
    8. If the Customer has reason to believe or be concerned that their FASTDOT Services or Account has been compromised, they should notify the FASTDOT Service Desk immediately.
    9. The Customer must ensure that the Account information it provides to FASTDOT is complete, accurate and up to date throughout the period that FASTDOT provides the FASTDOT Services to the Customer. FASTDOT relies on this Customer-provided information for notifications and other communication. FASTDOT will not be liable for any damages or costs arising as a consequence of the Customer’s details being out of date or otherwise incorrect due to the Customer’s inaction or providing incorrect or incomplete information to FASTDOT.

 

  1. BACK-UPS AND REDUNDANCY
    1. Unless explicitly stated in the Product Description for a FASTDOT Service, FASTDOT does not back up or otherwise replicate a Customer’s Service or the data associated with the FASTDOT Service.
    2. Unless explicitly stated in the Product Description for a FASTDOT Service, the FASTDOT Service is not provided on a redundant or high-availability basis. If a platform from which the FASTDOT Service is provided fails, the Customer may permanently lose data and any FASTDOT Service would be unavailable until the FASTDOT Service is restored.
    3. FASTDOT will only perform backups of a Customer’s FASTDOT Service if the Product Description explicitly states backups are included, or if there is an agreement between FASTDOT and the Customer in writing for FASTDOT to perform backups as part of a subscription.
    4. If the Customer’s FASTDOT Service does not include backups under section 7.3, the Customer will be solely responsible to perform or to arrange any backups necessary to protect the Customer from data loss.
    5. If FASTDOT has performed a backup for the Customer under section 7.3, the Customer may request data be restored (Restore) from the backup. To arrange a Restore, the Customer must raise a support ticket with the FASTDOT Service Desk according to the process described in the Technical Support section of the SLA. The Customer needs to specify the data to be restored in the ticket.
    6. Unless otherwise specified in the Product Description, restores on Shared Hosting subscriptions are charged at $60 +GST during Standard Business Hours, or $250 +GST per restore (minimum one hour) outside of FASTDOT’s Standard Business Hours.
    7. For subscriptions other than Shared Hosting, FASTDOT will provide one Restore per Customer Service per calendar month without charge. Subsequent Restores are charged at $125 +GST per hour during Standard Business Hours, or $250 +GST per hour (minimum one hour) outside of FASTDOT’s Standard Business Hours.
    8. The charges for Restores in sections 7.6 and 7.7 may be changed by FASTDOT from time to time by FASTDOT posting the new charges on its website.

 

  1. SUSPENSION OF SERVICES AND REMOVAL OF CUSTOMER CONTENT
    1. FASTDOT may from time to time, without need to issue notice to the Customer, suspend a FASTDOT Service or Services, or disconnect or deny the Customer access to the FASTDOT Services if:
      • the Customer breaches the User Agreement;
      • the Customer provides FASTDOT with false, incomplete or out of date information that in FASTDOT’s reasonable opinion results in an operational issue;
      • the Customer’s Account is overdue or in arrears;
      • it is necessary to do so due to any technical failure of, or for the upgrading or scheduled, preventative or remedial maintenance of FASTDOT’s systems and software;
      • in FASTDOT’s reasonable opinion, it is required by law to do so; or
      • in FASTDOT’s reasonable opinion, the Customer’s use of the FASTDOT Services adversely affects FASTDOT system performance or the integrity of the FASTDOT network or systems.
    2. The Customer must consult FASTDOT before undertaking any actions they that do not fall inside the day to day operation of their FASTDOT Service, including the running of any load or penetrating testing. Failure to do so may result in immediate suspension of the service if the actions are seen as a threat to the FASTDOT network.
    3. FASTDOT Services suspended under this Section will not be reinstated until the breach is remedied, if capable of being remedied, or the account and any penalty is paid in full, and a fee of $75 for the administrative costs of reinstatement is paid. FASTDOT reserves the right to increase the reinstatement fee in the event that there are multiple instances of suspension caused by the Customer’s actions.
    4. FASTDOT may permanently remove the Customer content (including data, code, and applications) and backups if the Customer’s Service is suspended for more than 10 business days.

 

  1. WARRANTIES AND LIMITATION OF LIABILITY
    1. FASTDOT does not give any express warranties in relation to the FASTDOT Services, including warranties that:
      • customers will have continuous access to, or usage of, the FASTDOT Services;
      • data stored on FASTDOT Servers will not be lost or corrupted;
      • it will be possible to restore Customer Content from FASTDOT’s back up media; or
      • FASTDOT will be able to prevent unauthorised persons obtaining access to Customer Content.
    2. Any term, condition, guarantee, or warranty which would otherwise be implied into this User Agreement is excluded, to the degree permitted by law.
    3. If a term, condition, guarantee, or warranty is implied into this User Agreement by law, FASTDOT’s liability to the Customer in relation a breach of that term, condition, guarantee, or warranty is limited, to the extent it is lawful to do so, to one or more of the following:
      • the supplying of the FASTDOT Services again; or
      • the payment of the reasonable costs of having the FASTDOT Services supplied again.
    4. The Customer acknowledges that FASTDOT does not and cannot control, supervise, or edit any information or material accessed through the FASTDOT Services and that FASTDOT is not responsible for any content or information accessed via the FASTDOT Services. The Customer will indemnify and keep indemnified FASTDOT and its directors, managers and other employees, and agents and contractors (Related Persons) should FASTDOT or its Related Persons incur loss, damage, fines, costs, or expenses as a result of FASTDOT being treated as the author or publisher of any content or information stored, accessed, or published by the Customer using the FASTDOT Services.
    5. The Customer acknowledges that the FASTDOT Services are not intended or authorised for use in circumstances where failsafe performance is required or where failures or errors in the operation of the FASTDOT Services could lead to significant financial detriment, loss or damage, or to personal harm, and the Customer agrees not to use the FASTDOT Services in such circumstances. The Customer will indemnify and keep indemnified FASTDOT and its Related Persons from and against any loss, damage or liability resulting from the use of the FASTDOT Services contrary to this clause.
    6. FASTDOT will not be liable to the Customer for any remote, indirect, consequential, special or incidental loss or damage, including without limitation, loss or damages resulting from loss of profit or loss of data or loss of electronic materials resulting from the FASTDOT Services. The Customer will indemnify FASTDOT and its Related Persons from and against any claim made against FASTDOT or any of the Related Persons by a third party as a result of the FASTDOT Services provided by FASTDOT to the Customer.
    7. In no event will FASTDOT’s aggregate liability to the Customer for damages on any basis associated with use of FASTDOT Services exceed the sum paid by the Customer to FASTDOT in the month immediately preceding a claim by the Customer.

 

  1. TERMINATION
    1. Either party may terminate the User Agreement immediately by giving notice in writing to the other if the other commits a material breach of any provision of the User Agreement which:
      • can be rectified, and fails to rectify the breach within thirty days of notice being given by the party alleging the breach, describing the breach and the action which must be taken to rectify it; or
      • cannot be rectified.
    2. FASTDOT may at its own absolute discretion cancel the Customer’s Account and the FASTDOT Services to the Customer, subject to FASTDOT giving to the Customer at least twenty one days’ prior notice of termination in writing.
    3. The Customer may terminate a User Agreement by either
      • giving FASTDOT notice of termination in writing at least five business days before the end of any period for which the Customer has paid for provision of FASTDOT Services (Paid-up Period), such termination to take effect at the end of that Paid-up Period, or
      • via the FASTDOT Customer Portal (Client Area) no later than the day before the end of the Paid-up Period.
    4. If the User Agreement is terminated by FASTDOT under section 10.1 or 10.2, all outstanding Charges will become immediately payable by the Customer to FASTDOT upon the giving of notice of termination.
    5. FASTDOT is not required to refund any prepaid Charges, unless the User Agreement is terminated by the Customer under section 10.1.
      In the event a refund is requested under this section 10.5, any refund will be for the unused portion of the subscription fee as at the date of termination.
    6. FASTDOT will erase, in a timely fashion upon termination of a FASTDOT Service, all data (including software, code, and backups) relating to that Service from FASTDOT systems unless FASTDOT and the Customer have agreed in writing the data is to be preserved for an agreed period of time. All costs associated with the storage of such data will be borne by the Customer.

 

  1. SUB-CONTRACTS
    1. FASTDOT may sub-contract the whole or any part of the performance of its obligations under the User Agreement without obtaining the Customer’s consent.

 

  1. VARIATION OF USER AGREEMENT
    1. FASTDOT may modify the User Agreement, including the prices charged for FASTDOT Services, at any time by posting a revised User Agreement and/or revised pricing on FASTDOT’s website, and send a notification to all Customers impacted by the change to the email address FASTDOT have on record. The Customer shall be deemed to have accepted such modifications to the User Agreement by continued use of the FASTDOT Services after such modifications have been posted.
    2. This standard User Agreement may only be modified by a written agreement between FASTDOT and the Customer, with the FASTDOT signatory being the FASTDOT General Manager, or in accordance with section 12.1. The User Agreement and any such written agreement constitute the entire agreement between FASTDOT and the Customer.

 

  1. NOTICE
    1. Any notice issued by FASTDOT or the Customer pursuant to the User Agreement shall be in writing. Notices may be delivered by hand, by receipted mail, or by email to the email address FASTDOT have on file for the Customer, or FASTDOT’s email address.
    2. Notice will be treated as given:
      • in the case of hand delivery, on the date of delivery;
      • in the case of postal delivery, on the date of delivery recorded by the postal authority; or
      • in the case of email, on receipt by the sender of notification that the email has been received by the recipient’s email server, but if the delivery or receipt is not on a business day or is after 5.00pm on a business day in the place where it is received, the notice is taken to be received at 9.00am on the next business day.
    3. It is the Customer’s responsibility to notify FASTDOT of any changes to its contact details.

 

  1. GENERAL
    1. The User Agreement (and the validity and enforceability of the User Agreement) are governed by and to be interpreted in accordance with the law of the State of Victoria in the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, and the federal courts of the Commonwealth of Australia. The parties irrevocably waive any right they may have to object to those courts exercising jurisdiction on the ground that the court is not a convenient forum.
    2. If any provision of the User Agreement is illegal, unenforceable or void in any jurisdiction, then, with respect to that jurisdiction only:
      • that provision shall be read down if possible so that it is no longer illegal, unenforceable or void in that jurisdiction; and
      • if it is not possible to read down that provision, it shall be severed from the remaining provisions of the User Agreement, with respect to that jurisdiction only.
    3. No act or omission by a party shall constitute a waiver of any of its rights under the User Agreement, other than an express waiver of those rights in writing signed by the party to be bound.
    4. FASTDOT may assign or novate its rights and obligations under this User Agreement at any time.
    5. FASTDOT may obtain information concerning the Customer from credit reporting agencies and may share information concerning the Customer’s FASTDOT account with credit reporting agencies.
    6. FASTDOT may receive, hold, and use personal information about the Customer in accordance with the FASTDOT Privacy Policy .
    7. The User Agreement supersedes all prior agreements and understandings between the parties as it relates to the FASTDOT Services provided under this User Agreement, and constitutes the entire agreement between the parties relating to the subject matter of the User Agreement.

 

Service Level Agreement (SLA)

SERVICE LEVEL AGREEMENT RELATING TO THE SUPPLY OF SERVICES (“SERVICE LEVEL AGREEMENT”)

  1. COVERAGE AND TERMINOLOGY
    1. This Service Level Agreement (SLA) applies to the Services provided by or on behalf of FASTDOT to a current Customer (as defined in the Standard Terms).
    2. The application of this SLA with respect to Service Level Credits to the Customer by FASTDOT is subject to and conditional upon the Customer’s account with FASTDOT being current (i.e., not past the due date for payment of fees) at the time of any Outage giving rise to a Service Level Credit and at the time any credit is requested is made under this SLA.

 

  1. SERVICE LEVEL COMMITMENT
    1. A FASTDOT website Service (i.e., a Service based largely or wholly on the provision of infrastructure for a website) is Availableif it can be accessed by third parties via HTTP and/or HTTPS outside the FASTDOT network, as assessed by FASTDOT.
    2. A FASTDOT Non-website Service is Available if the Service can be accessed from outside the FASTDOT network at the operating system level, as assessed by FASTDOT.
    3. Availabilitymeans the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the FASTDOT Service is Available. Unavailable means any time the FASTDOT Service is not Available. An Outage is defined as any continuous period the FASTDOT Service is not Available.
    4. Under no circumstances does the SLA cover anything (including software) not provided by FASTDOT as part of the FASTDOT Service.
    5. Service Level Credits. Subject to the terms and conditions of this SLA, should the Availability of a FASTDOT Service drop below 99.99% in any calendar month (i.e., an outage of more than 4.32 minutes), FASTDOT will provide a credit to the Customer’s account based on the duration of the Outage, according to the following table
Total Downtime Credit Percentage
99.99% to 100% 0 to 4.32 minutes 0%
98% to 99.99% 4.32 mins to 14 hrs 24 mins 10%
95% to 97.9% 14 hrs 24 mins to 36 hrs 25%
90% to 94.9% 36 hrs to 72 hrs 50%
89% or below more than 72 hrs 100%
  1. Service Level Credits are calculated based on the Credit Percentage multiplied by the monthly service charge for the affected FASTDOT Service.
  2. A Customer will not receive Service Level Credits, and FASTDOT will have no liability to the Customer under this SLA or otherwise in connection with any failure or deficiency of Availability caused by or associated with:
    • circumstances beyond FASTDOT’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, act of terrorism, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
    • failure of access circuits to the FASTDOT’s network or upstream providers, unless such failure is caused solely by FASTDOT;
    • Planned, Urgent, or Emergency Maintenance Periods;
    • DNS issues outside the direct control of FASTDOT, including DNS propagation of DNS entries;
    • the provision or use of domain names or SSL certificates;
    • issues with FTP, POP, IMAP, or SMTP access;
    • issues with access to any system Control Panel or Portal provided by FASTDOT for the Customer to administer the system;
    • false SLA breaches reported as a result of outages or errors of any of FASTDOT′s measurement or monitoring systems;
    • the restoration of data from backup;
    • the Customer’s acts or omissions (or acts or omissions of others engaged or authorized by the Customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, wilful misconduct, or use of the FASTDOT Services in breach of the User Agreement;
    • e-mail or webmail delivery and transmission; or
    • outages elsewhere on the Internet that hinder or prevent access to the Customer’s FASTDOT Services or account; or
    • browser or DNS caching that may make the FASTDOT Services inaccessible to the Customer when others can still access the FASTDOT Service.
  3. Outages and other detrimental impacts of the following causes will be ignored when calculating the Customer’s Service Availability:
    • Planned, Urgent, or Emergency Maintenance Periods;
    • Denial of Service attacks, hacks, or other forms of third-party intrusion;
    • Any Outage caused, or substantially caused, directly by the actions of the Customer;
    • IP address blacklisting by third parties; and
    • Outages or interruptions caused by the actions of third parties outside of FASTDOT’s reasonable control.
  • The maximum Service Level Credit under this SLA shall not exceed one month’s fee for that FASTDOT Service paid by the Customer with respect to that month during which the FASTDOT Services are detrimentally impacted.
  • Service Level Credits shall not be made for any FASTDOT Service on trial or provided free of charge.
  • Service Level Credits are neutral is relation to any applicable taxes charged to the Customer or collected by FASTDOT.
  • Service Level Credits are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in availability of the FASTDOT Services.

 

  1. SERVICE LEVEL CREDIT REQUEST PROCEDURE
    1. To request a Service Level Credit under this SLA, the Customer must send an email or written credit request to the FASTDOT Accounts Department (accounts@FASTDOT.com.au) within 30 days of the Outage or issue first occurring.
    2. The Customer must provide their Account ID and all dates and times they believe the FASTDOT Service was not available in any Service Level Credit Request.
    3. If the Service unavailability is confirmed by FASTDOT, credits will be applied within two billing cycles after FASTDOT’s receipt of the Service Level Credit Request.
    4. Service Level Credits are not refundable and can be used only towards future billing charges on the Customer’s account.
    5. Service Level Credits are not transferable to another FASTDOT Customer.

 

  1. MAINTENANCE
    1. In order for FASTDOT to provide the FASTDOT Services, the Customer acknowledges and accepts that FASTDOT will need to perform maintenance on the systems used to provide the FASTDOT Services, and that such maintenance could result in the FASTDOT Services being unavailable during some or all of the Maintenance Period.
    2. The Customer further acknowledges and accepts that it is the Customer’s responsibility to ensure the Customer-provided components within their FASTDOT Service may require the Customer’s intervention before (e.g., to stop or shut down their software) and after (e.g., to restart their software) the Maintenance Period.
    3. Planned Maintenance. FASTDOT will undertake planned maintenance on a monthly cycle, posted on the FASTDOT website and via Customer Notification channels. Planned Maintenance which will occur between 10pm and 7am AEST.
    4. Urgent Maintenance. FASTDOT will provide at least 24 hours advance notice via the FASTDOT website and Customer Notification channels of an Urgent Maintenance Period being required, which will occur between 10pm and 7am AEST.
    5. Emergency Maintenance. FASTDOT reserves the right to perform Emergency Maintenance without any prior notification to the Customer should it be deemed necessary to protect and maintain the security and integrity of the FASTDOT environment without any liability to the Customer for any resulting loss, damage or expense. FASTDOT will provide notification of an Emergency Maintenance event as soon as is practical (which may be after the Emergency Maintenance Period) via Customer Notification channels.

 

  1. TECHNICAL SUPPORT
    1. FASTDOT will provide the Customer with basic technical support at no charge to
      • Enable the establishment of the Customer billing account;
      • Create an administrator account for each subscription; and
      • Login and access the subscription service.
    2. The Customer is responsible, unless otherwise explicitly stated in writing by FASTDOT, for:
      • All software running on or associated with the FASTDOT Service, including application development and support;
      • Service monitoring;
      • Website coding and maintenance;
      • The transfer or importation of any code, images, or content;
      • Configuration beyond what was provided when the account was established, including reverting back to the starting configuration; and
      • The backup and restoration of any applications, code, or data associated with the FASTDOT Service.
    3. Should FASTDOT agree to undertake any of the services in section 5.2 on an ad hoc basis (i.e., not included in the Product Definition for the FASTDOT Service), the performance of these services or any consequential support relating to these services is not subject to the terms of this SLA.
    4. To request support, the Customer must raise a support ticket in one of the following ways:
      • through the FASTDOT website, www.FASTDOT.com.au, at any time;
      • by email, cPanel Web Hosting must use their Client Area, all other customers can email support@FASTDOT.com.au, at any time; or
      • by phone on the Support Contact number (published on the FASTDOT website) during Standard Business Hours.
    5. FASTDOT reserves the right to decline to act on any service request or support ticket not submitted according to section 5.4.
    6. FASTDOT offer no guaranteed response or resolution time to support tickets due to the unpredictable nature of ticket issues, workload, and support request queries.
    7. Support Tickets, and FASTDOT’s response time to tickets, are not subject to the terms of this SLA.
    8. Standard Business Hours. FASTDOT’s Standard Business Hours are Monday to Friday from 8:30am to 8:00pm AEST, excluding Public Holidays observed in Victoria, Australia.
    9. Calling the FASTDOT Support Contact number outside of Standard Business Hours for non-urgent and non-critical issues can result in a $50 +GST call fee being charged to the Customer account.
  • Customer support outside of Standard Business Hours is provided on an on-call basis. A call-out is defined as any work undertaken by FASTDOT or subcontractors outside of Standard Business Hours in response to the Customer’s request. This work may be undertaken remotely.
  • If a Customer’s Service includes FASTDOT’s Extended Support, call-outs outside of Standard Business Hours will be charged at $125 +GST per hour (minimum 1 hour).
  • If a Customer’s Service does not include FASTDOT’s Extended Support, call-outs outside of Standard Business Hours will only be undertaken for critical issues (as defined by FASTDOT). The Customer will be charged $250 +GST per hour (minimum 1 hour) for any call-out.
  • FASTDOT reserves the right to modify its Standard Business Hours as required for operational reasons. Any changes, temporary or permanent, will be posted on the FASTDOT website.
  • Charges set out in this SLA can be varied by FASTDOT at any time subject to giving prior notice via the FASTDOT website and/or the Customer notification channels.

 

Any questions please contact us on https://my.fastdot.com/submitticket.php

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