Austronix.Net SERVICE LEVEL AGREEMENT

As a Austronix.Net customer you are responsible for reading and accepting our official policies regarding usage of our services.

This Austronix.Net Service Level Agreement (“SLA”) applies to all websites. Client agrees that Austronix.Net internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify Austronix.Net and Austronix.Net and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.

This SLA may be amended at any time by Austronix.Net.
1. Definitions.

1.1. Austronix.Net Services (“Austronix.Net Services”) is defined as a system overview by a System Administrator. Austronix.Net will perform a set of performed checks, audits, and reports on the server. From time to time security updates, application patches, and System Administration may be performed free of charge, to enhance and improve the overall performance of the clients website.

1.2. Austronix.Net Network (“Austronix.Net Network”) is defined as the equipment, software and facilities within Austronix.Net network segment, including Austronix.Net contracted ISP service to which Austronix.Net network segment is connected, collectively used by Austronix.Net to provide the service.

1.3. Service Availability (“Service Availability”) is the total time in a calendar month that the Austronix.Net is available through the Internet, provided that Client has established connectivity. Austronix.Net takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The Austronix.Net Network will be available to clients free of Network Outages for 99.9% of the time.

1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.3 above that is determined to have been caused by a problem in Austronix.Net Network as confirmed by Austronix.Net. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. Austronix.Net provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of Austronix.Net.

1.5. Scheduled Service Downtime (“Scheduled Service Downtime”) is any Austronix.Net interruption of Services. Scheduled Service Downtime occurs during Austronix.Net standard server maintenance window, which occurs with a 24 hour notice to the Client via e-mail.

1.6. Performance Credit (“Performance Credit”) occurs when 99.9% uptime is not met. Austronix.Net will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time the support ticket is opened by a customer to the time the website is once again able to transmit and receive data.

1.7 Monitoring Service (“Monitoring Service”) is the service Austronix.Net provides and monitors TCP/IP based ports and applications through its internal monitoring service.

1.8 Website Administration (“Website Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the clients Website. Support provided to the client that requires Austronix.Net to login to the website can be considered Website Administration. Austronix.Net agrees to provide Client with notification before commencement of work on what items are "free of charge" and what items are "billable". Fees for this service are billed out at a $49.00 minimum charge with hourly rates of $99.00

2. Service Downtime Performance Credit.

2.1. In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions.

3.1. This SLA does not cover Service Downtime caused by problems in the following:

3,1.1. Client’s local area network.

3.1.2. Client-provided Internet connectivity or end-user software.

3.1.3. Anything inside Client’s internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

4. Service Downtime Exclusions.

4.1. The following are excluded from the monthly calculation of Service Availability:

4.1.1. Any utilized Scheduled Service Downtime.

4.1.2. Any problems outside Austronix.Net Network.

4.1.3. Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:

4.1.3.1. Inaccurate configuration.

4.1.3.2. Non-compliant use of any software installed on the server.

4.1.3.3. Client initiated server over-utilization.

4.1.3.4. Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

5. Website Administration which is defined in section 1.8 includes the following.

5.0.1 System Administration of the server.

5.0.2 Software installations performed by Austronix.Net

5.0.3 Virus and Security Scans of the server.

5.0.4 Configuration of the Operating System, Web Server, and custom software installed on the server.

5.0.5 Security Audit and reports of the server.

5.0.6 Patches, Upgrades, and Service Pack installations.

6. Server Hardware.

6.01 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

6.0.2 Hardware replacement will occur within 24 hours of the reported problem, Austronix.Net will refund 25% of the monthly fee per additional 24 hours of down time (up to 100% of customer's monthly fee).

6.03 Restoration is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Austronix.Net will restore the system to original state.

6.04 Austronix.Net is not responsible for the restoration of data to websites. If hardware failure occurs and data loss occurs, client is ultimately responsible for data restoration. Austronix.Net shall not be liable for loss of data under any circumstance. While we do take every precaution to keep daily backups of websites it is the clients ultimate responsibility to restore lost website data.

6.05 Austronix.Net does not take responsibility for the overall security of clients Website. If websites are compromised in any way, Austronix.Net reserves the right to audit the website. Servers receive monthly security audits as part of the overall Website Administrator's program but individual website security is the responsibility of the client. Austronix.Net reserves the right to cancel service if websites are compromised from the use of unsecured passwords or blatant disregard to simple security measures. A fee of $99.00 per hour will take place for any security related work done due to a website being compromised.
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