Service Level Agreement
Part of the Merlot Digital Legals
Last updated 2024/11/14 (November 14th, 2024)
1. Coverage & terminology
This Service Level Agreement (SLA) applies to you (“Customer”) if
- you currently hold an active Hosting and/or Server service/s from The Network Crew Pty Ltd (the “Services”), and;
- your account is current (ie. not past due) with The Network Crew Pty Ltd both at the time/s of reported down-time/s as well as the time of claim submission.
As used herein, the term “Uptime” means the percentage of a particular month (based on 24-hour days for the number of days in the subject calendar month) that the content of Customer’s service is available for access by third parties via expected protocols & ports (ie. HTTP via port 80, HTTPS via port 443, SMTP via ports 25 & 587, DNS via port 53, etc), as measured by The Network Crew Pty Ltd.
2. Service levels
The Network Crew Pty Ltd strives to achieve a variety of uptimes as a minimum across our services.
DNS Zone Hosting: 99.90%
SHOUTcast Radio Hosting: 99.90%
Virtual Servers (VPS): 99.99%
Dedicated Servers: 99.95%
Colocation (240v): 99.99%*
SSL Certificates: SLA N/A
Domain Names: SLA N/A
Note: Colo up-time pertains to power delivery only, and accounts for there always being at least 1x of the 2x power rails energised. Beyond that, you are liable for carrier uplinks (ie. cross connects to your upstream/s), any equipment shortfalls such as being single-fed (consider an ATS or equipment upgrade), and so on.
3. Remedying shortfalls
Except under the conditions mentioned in Section 5 below, if the uptime of Customer’s service is less than the guaranteed amount, TNC will issue an account credit to the Customer according to the following tables. Please reference the table in Section 2 which explains the Service Levels behind the services that we offer.
Services with 99.99% SLA:
|
Service uptime |
Downtime in an average calendar month |
Credit percentage |
|
100% to 99.99% |
0 to 4 minutes 23 seconds |
0% |
|
99.99% to 99.95% |
4 minutes 23 seconds to |
10% |
|
99.95% to 99.90% |
21 minutes 54 seconds to |
20% |
|
99.90% to 99.80% |
43 minutes and 49 seconds to |
35% |
|
99.80% or below |
more than 1 hour 27 minutes 39 seconds |
50% |
Services with 99.95% SLA:
|
Service uptime |
Downtime in an average calendar month |
Credit percentage |
|
100% to 99.95% |
0 to 21 minutes 54 seconds |
0% |
|
99.95% to 99.90% |
21 minutes 54 seconds to |
10% |
|
99.90% to 99.80% |
43 minutes 49 seconds to |
20% |
|
99.80% to 99.50% |
1 hour 27 minutes 39 seconds to |
35% |
|
99.50% or below |
more than 3 hours 39 minutes 8 seconds |
50% |
Services with 99.90% SLA:
|
Service uptime |
Downtime in an average calendar month |
Credit percentage |
|
100% to 99.90% |
0 to 43 minutes 49 seconds |
0% |
|
99.90% to 99.80% |
43 minutes 49 seconds to |
10% |
|
99.80% to 99.50% |
1 hour 27 minutes 39 seconds to |
20% |
|
99.50% to 99.00% |
3 hours 39 minutes 8 seconds to |
35% |
|
99.00% or below |
more than 7 hours 18 minutes 17 seconds |
50% |
The credit will be calculated based on the monthly service charge for the affected Service/s that the affected Customer is paying – it takes in to account discounts.
4. Maintenance procedure
TNC will, wherever possible, announce any scheduled maintenance at least 24 hours ahead of time to the Customer. We publish status advisories to https://the.uptime.business and recommend that customers subscribe to notifications. You are able to specify the services that you would like to be notified about.
The Network Crew Pty Ltd 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/s offered. This is an unavoidable dilemma that will forever exist to some degree within our industry – AWS, Google Cloud, etc, have all had their blunders!
5. Conditions on claiming
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Uptime caused by or associated with circumstances beyond The Network Crew Pty Ltd’s reasonable control, including, without limitation needed for provision of this SLA:
- acts of any governmental body
- war
- fire
- flood
- embargo
- sabotage
- insurrection
- armed conflict
- strike or other labor disturbance
- interruption of or delay in transportation
- e-mail or webmail delivery and transmission
- DNS issues outside the direct control of The Network Crew Pty Ltd
- issues with FTP, POP, IMAP, Microsoft Exchange or SMTP customer access
- scheduled maintenance as well as emergency maintenance and upgrades
- inability to obtain equipment, parts, supplies, or power needed by equipment
- availability of or interruption or delay in telecommunications & other third party services
- failure of access circuits to The Network Crew Pty Ltd’s Network and/or its upstream providers
- virus attacks & hacking incidents (ie. cyber security breaches of any internal or external systems)
- failure of third party software (including, without limitation, billing system, payment gateway/s, chat, etc)
- false SLA breaches reported as a result of outages or errors of any The Network Crew Pty Ltd’s measurement system
- customer’s acts or omissions (or acts or omissions of others engaged or authorised by Customer), including, without limitation, custom scripting or coding (ie. PHP, CGI, Perl, Python), any negligence, wilful misconduct, or use of the Services in breach of The Network Crew Pty Ltd’s Terms of Service, Acceptable Usage Policy & others
- outages elsewhere on the Internet that hinder access to your account
The Network Crew Pty Ltd is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
TNC will guarantee only those areas considered under the control of The Network Crew Pty Ltd, ie. our network links, equipment and platforms.
6. Credit request & payment procedures
SLA Claims need to be lodged per-service. For instance, if the Customer has 2x Shared Hosting services on the same underlying server (which both go down), 2x claims are needed.
Each request in connection with this SLA must include Customer’s account name and the dates and times of the unavailability of Customer’s service, and must be received by The Network Crew Pty Ltd within five (5) business days after Customer’s service is claimed to not have been available. If the unavailability is confirmed by The Network Crew Pty Ltd, account credit/s will be applied within two billing cycles after The Network Crew Pty Ltd’s receipt and approval of Customer’s SLA Credit request.
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 Service. Credits are exclusive of any applicable taxes charged to Customer or collected by The Network Crew Pty Ltd, and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Uptime of Customer’s service.
Note: SLA Credits are not refundable and can be used only towards future billing charges.