1.0 Coverage & Terminology
This Service Level Agreement (SLA) applies to the customer or party or parties (“You”, “Your” ) who hold a current account with any of the Web Hosting (the “Services” ) services from Responsive Web Solutions and your account is current (i.e., not past due) with Responsive Web Solutions. 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 Responsive Web Solutions.
2.0 Technical Support
Responsive Web Solutions will provide You with technical support for setup of your hosting account at no additional charge. Additional support will be charged. Responsive Web Solutions will not provide development-related support for web applications, scripts or components from third parties, scripts of installable applications from our Application Vault, or those developed by You. We will, however provide technical support for websites or coding developed in-house by Responsive Web Solutions for You.
- Phone Support is available Monday to Friday from 9:00am to 5:00pm AEST [Excluding Public Holidays].
- Responsive Web Solution’s target response time to technical support requests is less than one hour. The response time depends on the complexity of the enquiry and current support request volumes.
- Critical and non-critical issues for all customers are charged at $120 ex GST per hour in quarter-hour blocks unless the cause is due to Responsive Web Solutions equipment failure.
Out of Business Hours
- Phone Support: Responsive Web Solutions has on call technicians to respond to critical issues.
- Non-critical issues should be lodged during business hours.
- Critical Issues will be charged at $160 ex GST per hour in quarter-hour blocks unless it is a Responsive Web Solutions fault.
- Non-critical issues will be charged at $120 ex GST per hour in quarter-hour blocks.
3.0 Service Level
Responsive Web Solutions aims to achieve 99.9% Web Site Availability for all customers.
Except under the conditions mentioned in the next section below, if the Web Site Availability of customer’s Web site is less than 99.9%, Responsive Web Solutions will issue a credit to You according to the following table:
- The credit will be calculated based on the monthly service charge for the affected Services.
||Downtime in a 30 day month
|99.0% to 99.9%
||4.32 minutes to 7.2 hours
|98.0% to 99.0%
||7.2 hours to 14.4 hours
|96.0% to 98.0%
||14.4 hours to 28.8 hours
|94.0% to 96.0%
||28.8 hours to 43.2 hours
|Less than 94.0%
||More than 43.2 hours
4.0 Maintenance Procedures
- Responsive Web Solutions will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.
- Responsive Web Solutions 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.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
- circumstances beyond Responsive Web Solution’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor 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 Responsive Web Solution’s Network or it’s upstream providers, unless such failure is caused solely by Responsive Web Solutions;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Responsive Web Solutions;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any Responsive Web Solution’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, willful misconduct, or use of the Services in breach of Responsive Web Solutions’ Terms of Service Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. Responsive Web Solutions is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Responsive Web Solutions will guarantee only those areas considered under the control of Responsive Web Solutions : Responsive Web Solutions server links to the Internet, and Responsive Web Solution’s servers.
- Please note: Server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond Responsive Web Solutions’ control including, but not limited to DoS attacks or other forms of intrusion are excluded from the uptime/downtime calculations.
- To guarantee optimal performance of the hosting infrastructure, it is necessary for Responsive Web Solutions to perform routine maintenance on the servers. Such maintenance often requires taking Responsive Web Solutions web and email servers off-line, typically performed during off-peak hours. Responsive Web Solutions will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Responsive Web Solutions reserves one hour of Service unavailability per month for maintenance purposes. Such unavailability is not included in the Service Availability calculation.
6.0 Credit Request & Payment Procedures
To receive a refund based upon SLA performance, send an email or written refund request to the Accounts department. You must provide your Account ID and all dates and times of server or network unavailability.REFUND REQUESTS MUST BE RECEIVED BY THE ACCOUNTS DEPARTMENT WITHIN THIRTY DAYS OF THE END OF THE MONTH FOR WHICH YOU ARE REQUESTING A REFUND.If the unavailability is confirmed by Responsive Web Solutions, credits will be applied within two billing cycles after Responsive Web Solutions’ 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 SLA 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 Responsive Web Solutions 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