Web Services SLA

SERVICE LEVEL AGREEMENT RELATING TO THE SUPPLY OF SERVICES (“SERVICE LEVEL AGREEMENT”)
  1. COVERAGE AND TERMINOLOGY
    1. This Service Level Agreement (SLA) applies to the Services provided by or on behalf of Digital Innovations to a current client.
    2. The application of this SLA with respect to Service Level Credits to the client by Digital Innovations is subject to and conditional upon the client’s account with Digital Innovations being current (i.e., not past the due date for payment of fees) at the time of any Outage giving rise to a Service Level Credit and at the time any credit is requested is made under this SLA.
  2. SERVICE LEVEL COMMITMENT
    1. A Digital Innovations website Service (i.e., a Service based largely or wholly on the provision of infrastructure for a website) is Availableif it can be accessed by third parties via HTTP and/or HTTPS outside the Digital Innovations network, as assessed by Digital Innovations.
    2. A Digital Innovations Non-website Service is Available if the Service can be accessed from outside the Digital Innovations network at the operating system level, as assessed by Digital Innovations.
    3. Availabilitymeans the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Digital Innovations Service is Available. Unavailable means any time the Digital Innovations Service is not Available. An Outage is defined as any continuous period the Digital Innovations Service is not Available.
    4. Under no circumstances does the SLA cover anything (including software) not provided by Digital Innovations as part of the Digital Innovations Service.
    5. Service Level Credits. Subject to the terms and conditions of this SLA, should the Availability of a Digital Innovations Service drop below 99.99% in any calendar month (i.e., an outage of more than 4.32 minutes), Digital Innovations will provide a credit to the Customer’s account based on the duration of the Outage, according to the following table

Total Downtime

Credit Percentage

99.99% to 100%

0 to 4.32 minutes

0%

98% to 99.99%

4.32 mins to 14 hrs 24 mins

10%

95% to 97.9%

14 hrs 24 mins to 36 hrs

25%

90% to 94.9%

36 hrs to 72 hrs

50%

89% or below

more than 72 hrs

100%
  1. Service Level Credits are calculated based on the Credit Percentage multiplied by the monthly service charge for the affected Digital Innovations Service.
  2. A Customer will not receive Service Level Credits, and Digital Innovations will have no liability to the Customer under this SLA or otherwise in connection with any failure or deficiency of Availability caused by or associated with:
    • circumstances beyond Digital Innovations’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, act of terrorism, armed conflict, embargo, fire, flood, strike or other labour 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 Digital Innovations’ network or upstream providers, unless such failure is caused solely by Digital Innovations;
    • Planned, Urgent, or Emergency Maintenance Periods;
    • DNS issues outside the direct control of Digital Innovations, including DNS propagation of DNS entries;
    • the provision or use of domain names or SSL certificates;
    • issues with FTP, POP, IMAP, or SMTP access;
    • issues with access to any system Control Panel or Portal provided by Digital Innovations for the Customer to administer the system;
    • false SLA breaches reported as a result of outages or errors of any of Digital Innovations′ measurement or monitoring systems;
    • the restoration of data from backup;
    • the Customer’s acts or omissions (or acts or omissions of others engaged or authorized by the Customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the Digital Innovations Services in breach of the User Agreement;
    • e-mail or webmail delivery and transmission; or
    • outages elsewhere on the Internet that hinder or prevent access to the Customer’s Digital Innovations Services or account; or
    • Browser or DNS caching that may make the Digital Innovations Services inaccessible to the Customer when others can still access the Digital Innovations Service.
  3. Outages and other detrimental impacts of the following causes will be ignored when calculating the Customer’s Service Availability:
    • Planned, Urgent, or Emergency Maintenance Periods;
    • Denial of Service attacks, hacks, or other forms of third-party intrusion;
    • Any Outage caused, or substantially caused, directly by the actions of the Customer;
    • IP address blacklisting by third parties; and
    • Outages or interruptions caused by the actions of third parties outside of Digital Innovations’ reasonable control.
  4. The maximum Service Level Credit under this SLA shall not exceed one month’s fee for that Digital Innovations Service paid by the Customer with respect to that month during which the Digital Innovations Services are detrimentally impacted.
  5. Service Level Credits shall not be made for any Digital Innovations Service on trial or provided free of charge.
  6. Service Level Credits are neutral is relation to any applicable taxes charged to the Customer or collected by Digital Innovations.
  7. Service Level Credits are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in availability of the Digital Innovations Services.
  1. SERVICE LEVEL CREDIT REQUEST PROCEDURE
    1. To request a Service Level Credit under this SLA, the Customer must send an email or written credit request to the Digital Innovations Accounts Department ([email protected]) within 30 days of the Outage or the issue first occurring.
    2. The Customer must provide their Account ID and all dates and times they believe the Digital Innovations Service was not available in any Service Level Credit Request.
    3. If the Service unavailability is confirmed by Digital Innovations, credits will be applied within two billing cycles after Digital Innovations’ receipt of the Service Level Credit Request.
    4. Service Level Credits are not refundable and can be used only towards future billing charges on the Customer’s account.
    5. Service Level Credits are not transferable to another Digital Innovations Customer.
  2. MAINTENANCE
    1. In order for Digital Innovations to provide the Digital Innovations Services, the Customer acknowledges and accepts that Digital Innovations will need to perform maintenance on the systems used to provide the Digital Innovations Services, and that such maintenance could result in the Digital Innovations Services being unavailable during some or all of the Maintenance Period.
    2. The Customer further acknowledges and accepts that it is the Customer’s responsibility to ensure the Customer-provided components within their Digital Innovations Service may require the Customer’s intervention before (e.g., to stop or shut down their software) and after (e.g., to restart their software) the Maintenance Period.
    3. Planned Maintenance. Digital Innovations will undertake planned maintenance on a monthly cycle, posted on the Digital Innovations website and via Customer Notification channels. Planned Maintenance which will occur between 10pm and 7am AEST.
    4. Urgent Maintenance. Digital Innovations will provide at least 24 hours advance notice via the Digital Innovations website and Customer Notification channels of an Urgent Maintenance Period being required, which will occur between 10pm and 7am AEST.
    5. Emergency Maintenance. Digital Innovations reserves the right to perform Emergency Maintenance without any prior notification to the Customer should it be deemed necessary to protect and maintain the security and integrity of the Digital Innovations environment without any liability to the Customer for any resulting loss, damage or expense. Digital Innovations will provide notification of an Emergency Maintenance event as soon as is practical (which may be after the Emergency Maintenance Period) via Customer Notification channels.
  3. TECHNICAL SUPPORT
    1. Digital Innovations will provide the Customer with basic technical support at no charge to
      • Enable the establishment of the Customer billing account;
      • Create an administrator account for each subscription; and
      • Login and access the subscription service.
    2. The Customer is responsible, unless otherwise explicitly stated in writing by Digital Innovations, for:
      • All software running on or associated with the Digital Innovations Service, including application development and support;
      • Service monitoring;
      • Website coding and maintenance;
      • The transfer or importation of any code, images, or content;
      • Configuration beyond what was provided when the account was established, including reverting back to the starting configuration; and
      • The backup and restoration of any applications, code, or data associated with the Digital Innovations Service.
    3. Should Digital Innovations agree to undertake any of the services in section 5.2 on an ad hoc basis (i.e., not included in the Product Definition for the Digital Innovations Service), the performance of these services or any consequential support relating to these services is not subject to the terms of this SLA.
    4. To request support, the Customer must raise a support ticket in one of the following ways:
      • through the Digital Innovations website, www.digitalinnovations.com.au, at any time;
      • by email to [email protected], at any time; or
      • by phone on the Support Contact number (published on the Digital Innovations website) during Standard Business Hours.
    5. Digital Innovations reserves the right to decline to act on any service request or support ticket not submitted according to section 5.4.
    6. Digital Innovations offer no guaranteed response or resolution time to support tickets due to the unpredictable nature of ticket issues, workload, and support request queries.
    7. Support Tickets, and Digital Innovations’ response time to tickets, are not subject to the terms of this SLA.
    8. Standard Business Hours. Digital Innovations’ Standard Business Hours are Monday to Friday from 8:30am to 5:00pm AEST, excluding Public Holidays observed in Victoria, Australia.
    9. Calling the Digital Innovations Support Contact number outside of Standard Business Hours for non-urgent and non-critical issues can result in a $50 +GST call fee being charged to the Customer account.
    10. Customer support outside of Standard Business Hours is provided on an on-call basis. A call-out is defined as any work undertaken by Digital Innovations or subcontractors outside of Standard Business Hours in response to the Customer’s request. This work may be undertaken remotely.
    11. If a Customer’s Service includes Digital Innovations’ Extended Support, call-outs outside of Standard Business Hours will be charged at $125 +GST per hour (minimum 1 hour).
    12. If a Customer’s Service does not include Digital Innovations’ Extended Support, call-outs outside of Standard Business Hours will only be undertaken for critical issues (as defined by Digital Innovations). The Customer will be charged $250 +GST per hour (minimum 1 hour) for any call-out.
    13. Digital Innovations reserves the right to modify its Standard Business Hours as required for operational reasons. Any changes, temporary or permanent, will be posted on the Digital Innovations website.
    14. Charges set out in this SLA can be varied by Digital Innovations at any time subject to giving prior notice via the Digital Innovations website and/or the Customer notification channels.