Level of Service Agreement (LSA)

Coverage and Terminology

This Service Level Agreement applies to you (“customer”) if you currently hold an account on any of SydneyWebs systems.

As used herein, the term “Web Site Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer’s Web site is available for access by third parties via HTTP and/or HTTPS, as measured by SydneyWebs.

Service Level for business hosting.

Objective:
SydneyWebs aims to achieve 100% Web Site Availability for all business customers.

Remedy:
Except under the conditions mentioned in the next section below, if the Web Site Availability of customer’s Web site is less than 100%, SydneyWebs will issue a credit to customer according to the following table:

Web Site Availability
(approx) %
Total Downtime in a 30 days
in a calendar month
Credit
(%)
99.9 to 100 0 to 1 hr (inclusive) 0
98 to 99.9 1 hrs to 1 hrs and 30 min (inclusive) 5
95 to 98 1hr and 30 min to 4 hrs (inclusive) 15
90 to 95 4 hrs to 10 hrs (inclusive) 40
90 or below more than 10 hrs 100

* The credit will be calculated based on the monthly service charge for the affected Services. It is not cumulative from one month to another. A balance per year downtime may be provided by request. Terms and conditions apply.

Maintenance Procedure

SydneyWebs will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.

SydneyWebs reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.

Conditions

Customer shall not receive any credits under this LSA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

• circumstances beyond SydneyWebs’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, 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 LSA;

• failure of access circuits to the SydneyWebs’s Network or it’s upstream providers, unless such failure is caused solely by SydneyWebs;

• scheduled maintenance and emergency maintenance and upgrades;

• DNS issues outside the direct control of SydneyWebs;

• issues with FTP, POP, IMAP, or SMTP customer access;

• false LSA breaches reported as a result of outages or errors of any SydneyWebs’s measurement system;

• customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the Services in breach of SydneyWebs’s Terms of Service and Acceptable Use Policy;

• e-mail or webmail delivery and transmission;

• DNS (Domain Name Server) Propagation.

• outages elsewhere on the Internet that hinder access to your account. SydneyWebs is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. SydneyWebs will guarantee only those areas considered under the control of SydneyWebs : SydneyWebs server links to the Internet, and SydneyWebs’s servers.

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request sending us all relevant details. Each request must include customer’s account name (per customer’s control panel login) and the dates and times of the unavailability of customer’s Web site and must be received by SydneyWebs within ten (10) business days after customer’s Web Site was not available. If the unavailability is confirmed by SydneyWebs, credits will be applied within two billing cycles after SydneyWebs’s receipt of customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this LSA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by SydneyWebs and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer’s Web site.

Note: Credits are not refundable and can be used only towards future billing charges.

Revision 1.1.0 from 25/09/2009

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