Service Level Agreement

This Service Level Agreement (SLA) covers our VPS Cloud Hosting and Managed VPS Servers.

1. The hosting environment, including VPS services and network, target uptime is 99.9% (uptime target) of each full calendar month during the service period, subject to clause 6.

 

2. In the event that services as per clause 1 fail to meet the service level target and you have complied with the provisions in this SLA then you will be entitled to following credit:

 

Availability	Monthly Downtime	Credit Offered
99.90%	< 0h 44m	0%
99.50%	< 3h 39m	5%
99.00%	< 7h 18m	10%
98.00%	< 14h 36m	20%
97.00% and below	< 21h 54m	30%

 

3. The service level is calculated on a monthly basis. Credits are not provided for part months.

 

4. You must provide written notice to MediaCloud Australia via a support ticket and within 14 days of the rebate claim month clearly specifying the claim. MediaCloud Australia will not accept credit claims after 14 days from the relevant outage month.

 

5. To the extent permitted by law, the credit claim procedure and remedies in this SLA are the sole and exclusive remedies for any failure to meet the service levels in any particular month.

 

6. When calculating any service level, any failure to meet the service level that is directly or indirectly caused by any one or more of the following items will not constitute a failure of the service level:
   1. Scheduled or critical maintenance;
   2. A malfunction or failure of any network that is not under MediaCloud Australia direct management or control;
   3. Any of your content or software (including third party);
   4. Any operating system issues or updates;
   5. Any unlawful, negligent or wilful act or omission, by you, your agents, contractors or invitees or any other person/third party (other than a person who is acting for and on behalf of MediaCloud Australia, its related bodies corporate or their respective contractors);
   6. Any breach of the agreement, including the Acceptable Use Policy, by you;
   7. Any force majeure event;
   8. Distributed Denial of Service (DDoS) attacks;

 

7. SLA credit will not apply if the customer is in breach of any part of our Terms of Service (including any overdue invoice), or we suspend the service or any part of it in accordance with those terms, e.g. suspension of service due to overdue invoices or abuse complaints.

 

8. Service Level Agreement claims are given in the form of credit to your account; this credit can then be offset against future service invoices or purchases. For the avoidance of doubt, the credit cannot be applied to any invoice already levied at the time we apply the credit to your account, and cannot be refunded as cash to a credit card, bank account or payment provider.

 

9. To receive an SLA credit, please open a support request via our ticketing system (email, telephone or login via your account) as per clause 4. Please include a related ticket ID where you reported the fault to us, dates and times of unavailability along with any other relevant information. Once a request has been verified we will credit your account within 30 days of the date the request is received by MediaCloud Australia.