This Service Level Agreement (“SLA”) applies to Customers of Sitemaster. Sitemaster reserves the right to amend this SLA as the need arises. Amendments shall be effective upon posting of the revised policy on the Sitemaster web site located at http://www.sitemaster.com.au
This SLA provides Customer with certain rights and remedies regarding the performance by Sitemaster of the Sitemaster Network and Customer-Subscribed Managed Services. The “Sitemaster Network” means the Sitemaster’s leased and operated Internet Protocol (IP) routing and switching infrastructure and Customer Utilized Web Servers consisting solely of Sitemaster-leased infrastructure devices located within the Rackspace data center facility at Mascot, New South Wales, Australia, 2250. “Customer-Subscribed Managed Services” means the Services subscribed to by the Customer in addition to Web Hosting or Dedicated Hosting packages, but not including any selected Support Package. The amount of credit per customer available per month is subject to the limits described below.
A. Sitemaster Network and Subscribed Managed Services Guarantee.
1. Sitemaster’s goal is to make the Sitemaster Network and any Customer-Subscribed Managed Services available to Customer free of Outages (as defined below) 99.9% of the time. An “Outage” is an instance in which connectivity to the Sitemaster Network is interrupted or access to Subscribed Managed Services is unavailable, but does not include interruptions or unavailability arising as a result of the exceptions listed in Section E.
2. Subject to Sections E and F below, upon Customer’s request (if made in conformance with the procedure set forth below), Sitemaster will issue a credit to Customer for Outages occurring during any calendar month that, in the aggregate exceed ninety (90) minutes, if the Outage is reported to Sitemaster by Customer in conformance with the requirements and procedures set forth in Section 6 and the Outage is confirmed by Sitemaster. Such credit will be equal to one day’s worth (based on a thirty (30) day month) of the recurring monthly fees paid by Customer for the affected Services if the aggregate Outages exceed 90 minutes during a calendar month and one additional day’s service fee credit for each additional cumulative twenty-four (24) hours of unavailability within the same calendar month.
B. Notification of Dedicated Firewall Down
1. For those Sitemaster Customers subscribing to the Dedicated Firewall Managed Service, Sitemaster’s goal is to notify Customers if a firewall goes down within thirty (30) minutes of the time that Sitemaster determines that it is unable to manage or monitor Customer’s firewall.
2. Subject to Sections E and F, if Sitemaster fails to notify Customer of a firewall which Sitemaster determines that it is unable within sixty (60) minutes to manage or monitor, then upon Customer’s request (in accordance with the procedure set forth below), Sitemaster will issue a credit to Customer equal to one days’ worth (based on a thirty (30) day month) of the recurring monthly fees paid by Customer for their Dedicated Firewall Service.
3. Sitemaster shall make such notification by one of the following methods: telephone, email, fax or pager.
C. Hardware Replacement
1. In the event of a hardware failure affecting Sitemaster Network, Sitemaster’s goal is to replace such defective Hardware within forty-eight (48) hours of Sitemaster determining that replacement is necessary when the Hardware is located in a Sitemaster data center.
2. If Sitemaster fails to replace such defective Hardware within forty-eight (48) hours of Sitemaster determining that replacement is necessary, when the Hardware is located in a Sitemaster data center and failure of said hardware affects Customer, then upon Customer’s request (in accordance with the procedure set forth below) and subject to Sections 5 and 6, Sitemaster will issue a credit to Customer equal to one day’s worth (based on a thirty (30) day month) of the recurring monthly fees paid for the affected Services.
3. Sitemaster retains sole discretion to determine what constitutes a hardware failure subject to this Section.
D. Scheduled and Emergency Maintenance
1. For any Sitemaster-leased hardware in the Rackspace data center, Scheduled Maintenance shall mean:
a) Maintenance performed during a standard maintenance window on Tuesdays and Thursdays from 12 AM to 6 AM eastern time or
b) Maintenance performed during a nonstandard maintenance window and where
(i) Customer is notified at least 24 hours in advance.
2. Sitemaster reserves the right to conduct emergency maintenance at any time on an as needed basis.
1. Customer shall not receive any credits under this SLA in connection with any failure or any other deficiency of the Sitemaster Network or Subscribed Managed Services or a failure that is caused by or associated with:
a) Circumstances beyond Sitemaster’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, act of terrorism, 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;
b) Failure of access circuits to the Sitemaster Network, unless such failure is caused solely by Sitemaster;
2. Failure of customer’s Internet access service, unless such service is provided by Sitemaster and failure is caused solely by Sitemaster;
a. General third party data center facility failure;
b. General third party telecommunications failure;
c. Failure of Customer Provided Hardware or Software used in connection with the Services;
d. Scheduled and emergency maintenance as noted in Section 4;
e. DNS issues outside the direct control of Sitemaster;
f. Results of “hacker” activity stemming from network infrastructure or operating system exploits beyond Sitemaster’s control;
3. Credit Request and Payment Procedures
a. Requests for credits must be made by Customer in writing via e-mail using the contact form.. Each request for credit in any calendar month must be received by Sitemaster within seven (7) days of the occurrence giving rise to the credit claim or, in the case of SLAs computed on a monthly basis. Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Sitemaster Network and Subscribed Managed Services Availability, Notification of Dedicated Firewall Down and Hardware Replacement in any calendar month in the aggregate will not exceed the total monthly invoice for fees payable by Customer for Services for such month – Credit will only be applied to fees paid for Services affected.
b. Each valid credit will be applied to a Customer invoice within two (2) billing cycles after Sitemaster’s receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by Sitemaster.
a. Except as set forth specifically in this SLA, Sitemaster makes no claims, warranties, or representations regarding the availability or performance of the Sitemaster Network or Subscribed Managed Services and hereby disclaims any additional claims, warrants (including express or implied for customer, or representation not set forth specifically in this SLA).