SLA Service Level Agreement

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j2 Australia Hosting Pty Ltd (ABN 24 601 377 904), trading as Ausweb (“Ausweb”)
SERVICE LEVEL AGREEMENT RELATING TO THE SUPPLY OF SERVICES (“SERVICE LEVEL AGREEMENT”)

COVERAGE AND TERMINOLOGY

This Service Level Agreement (SLA) applies to the Services provided by or on behalf of AUSWEB.COM.AU Pty Ltd (ABN 41 117 199 292) to a current Customer (as defined in the Standard Terms).

The application of this SLA with respect to Service Level Credits to the Customer by Ausweb is subject to and conditional upon the Customer’s account with Ausweb 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.

SERVICE LEVEL COMMITMENT

An Ausweb website Service (i.e., a Service based largely or wholly on the provision of infrastructure for a website) is Available if it can be accessed by third parties via HTTP and/or HTTPS outside the Ausweb network, as assessed by Ausweb.

An Ausweb Non-website Service is Available if the Service can be accessed from outside the Ausweb network at the operating system level, as assessed by Ausweb.

Availability means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Ausweb Service is Available. Unavailable means any time the Ausweb Service is not Available. An Outage is defined as any continuous period the Ausweb Service is not Available.

Under no circumstances does the SLA cover anything (including software) not provided by Ausweb as part of the Ausweb Service.

Service Level Credits. Subject to the terms and conditions of this SLA, should the Availability of An Ausweb Service drop below 99.9% in any calendar month (i.e., an outage of more than 43.2 minutes), Ausweb 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

99.9% to 100% 0 to 43.2 minutes 0%

98% to 99.9% 43.2 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%

Service Level Credits are calculated based on the Credit Percentage multiplied by the monthly service charge for the affected Ausweb Service.

A Customer will not receive Service Level Credits, and Ausweb 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 Ausweb’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 Ausweb’s network or upstream providers, unless such failure is caused solely by Ausweb;

Planned, Urgent, or Emergency Maintenance Periods;

DNS issues outside the direct control of Ausweb, 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 Ausweb for the Customer to administer the system;

false SLA breaches reported as a result of outages or errors of any of Ausweb′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 Ausweb 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 Ausweb Services or account; or

browser or DNS caching that may make the Ausweb Services inaccessible to the Customer when others can still access the Ausweb Service.

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 Ausweb’s reasonable control.

The maximum Service Level Credit under this SLA shall not exceed one month’s fee for that Ausweb Service paid by the Customer with respect to that month during which the Ausweb Services are detrimentally impacted.

Service Level Credits shall not be made for any Ausweb Service on trial or provided free of charge.

Service Level Credits are neutral in relation to any applicable taxes charged to the Customer or collected by Ausweb.

Service Level Credits are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in availability of the Ausweb Services.

SERVICE LEVEL CREDIT REQUEST PROCEDURE

To claim a credit, the Customer must open a support ticket from within their AUSWEB Client Area and submit it to the Billing Inquiry department within 30 days of the Outage or issue first occurring.

The Customer must select the related service and all dates and times they believe the Ausweb Service was not available in any Service Level Credit Request.

If the Service unavailability is confirmed by Ausweb, credits will be applied within two billing cycles after Ausweb’s receipt of the Service Level Credit Request.

Service Level Credits are not refundable and can be used only towards future billing charges on the Customer’s account.

Service Level Credits are not transferable to another Ausweb Customer.

MAINTENANCE

In order for Ausweb to provide the Ausweb Services, the Customer acknowledges and accepts that Ausweb will need to perform maintenance on the systems used to provide the Ausweb Services, and that such maintenance could result in the Ausweb Services being unavailable during some or all of the Maintenance Period.

The Customer further acknowledges and accepts that it is the Customer’s responsibility to ensure the Customer-provided components within their Ausweb 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.

Planned Maintenance. Ausweb will undertake planned maintenance on a monthly cycle, communicated via Customer Notification channels. Planned Maintenance will occur between 10pm and 7am AEST.

Emergency Maintenance. Ausweb 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 Ausweb environment without any liability to the Customer for any resulting loss, damage or expense. Ausweb 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.

TECHNICAL SUPPORT

Ausweb 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

The Customer is responsible, unless otherwise explicitly stated in writing by Ausweb, for:

All software running on or associated with the Ausweb 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 Ausweb Service.

Should Ausweb 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 Ausweb Service), the performance of these services or any consequential support relating to these services is not subject to the terms of this SLA.

To request support, the Customer must raise a support ticket using https://my.ausweb.com.au/clientarea.php

See https://ausweb.com.au/client-area-tutorials/submitting-support-tickets-client-area/ for guide to submitting support tickets in client area.

Ausweb reserves the right to decline to act on any service request or support ticket not submitted according to section 5.4.

Ausweb offer no guaranteed response or resolution time to support tickets due to the unpredictable nature of ticket issues, workload, and support request queries.

Support Tickets, and Ausweb’s response time to tickets, are not subject to the terms of this SLA.

Standard Business Hours. Ausweb’s Standard Business Hours are Monday to Friday from 9:00am to 5:00pm AEST, excluding Public Holidays observed in Victoria, Australia.

Ausweb reserves the right to modify its Standard Business Hours as required for operational reasons. Any changes, temporary or permanent, will be posted on the Ausweb website.

Charges set out in this SLA can be varied by Ausweb at any time subject to giving prior notice via the Ausweb website and/or the Customer notification channels.

	Total Downtime	Credit Percentage
99.9% to 100%	0 to 43.2 minutes	0%
98% to 99.9%	43.2 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%

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