WEBSITE SERVICE LEVEL AGREEMENT

 

This Website Service Level Agreement (SLA) applies to you ("Customer") if you have ordered any of the following web hosting account services from or Charlies Garage (the "Services")(“CG”) and your account is current (i.e., not past due) with CG.

1. Web hosting plans (10MB, 50MB, 150MB, 500MB, 1GB or 10GB range of plans) on a monthly pay, 12 month contract or an annual pay, 12 month contract.

2. As used herein, the term "Website 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 website is available for access by third parties via Hypertext Transfer Protocol (HTTP), as measured by CG ("we" or "us").

1. Support access and response

1.1 We provide access to support as follows:

1. Help desk and email support: available 24 hours a day, 7 days a week including public holidays.

2. Phone support: generally Monday to Friday, excluding public holidays from 9:00 AM to 5:00 PM.

3. After hours emergency: available to Platinum service level subscribers.

1.2 We aim to respond to all support requests within one hour. Response times may vary depending on the complexity of enquiry and current support request volumes.

2. Standard service level

2.1 Standard service level (Bronze website support) is the base service level for the Services and includes:

1. Online help desk: submit a ticket 24/7 through our online help desk;

2. Phone support: during standard hours of trade (weekdays 9AM to 5PM);

3. Routine backups: the last daily, weekly and monthly backups are retained on the server;

4. Website consultancy: discuss your desired website goals and receive professional advice;

5. Troubleshooting: we can spend a few minutes to help diagnose any website problem;

6. Backup restores: if you need your website restored, we will restore a routine backup once per month at no cost.

3. Enhanced service levels

3.1 We offer enhanced service levels such as Silver, Gold and Platinum website support packages for an additional cost.

3.2 Features of enhanced service levels may include:

1. Website uptime refund: refund or credit will be provided when requested within 30 days of our failure to guarantee uptime (refer to 4. Website availability agreement below).

2. After hours emergency: we provide a means to contact us directly outside of hours and escalate issues and requests directly to management.

3. Website protection: should someone maliciously attack your website, deface it, or similar detriment we will restore your website to full working order and then secure it on your behalf.

4. Website administration: we provide hands-on administration of your websites so you can focus on your business.

5. Advanced support (refer to 3.3 Advanced support)

6. Last 7 daily backups: the last seven daily backups are retained on our server for your website/s.

7. Remote backups: we backup your website/s and email to a remote server for added safety.

8. Backup restores: the amount of backup restores allowed each month.

3.3 Advanced support

3.3.1 Advanced support includes:

1. Website maintenance: we act as your personal web team to advise on and maintain your website for you.

2. Website development: we perform any development work on your website as directed such as:

   1. adding pages and content

   2. enhancing website functionality

   3. copying files and images to website

   4. installing web applications

   5. coding tasks (e.g., PHP, HTML, CSS, Javascript).

3. Solutions analysis: we review, research and recommend systems and solutions to enhance your website and provide you and your business with competitive advantages.

4. Remote desktop support: we log into your computer remotely to assist with any website related matter, or to provide onscreen support and training.

5. Discounted advanced support: if you run out of allocated minutes for advanced support during a month, we reward higher service levels with less expensive rates.

3.3.2 Advanced support usage is calculated on a per minute basis.

3.3.3 Where a quoted amount of time for an advanced support request is provided by CG, the quoted amount of time will be deducted from your advanced support quota rather than actual amount of time upon completion.

4. Website availability agreement

4.1 CG aims to achieve 100% website availability to all customers.

4.2 CG will issue a percentage monetary refund or credit amount in accordance with the following schedule:

Website Availability	Total downtime*	Refund claimable
99.99% to 100%	0 to 43.2 minutes	0%
98% to 99.99%	43.2 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%

* Total downtime calculated on a 30 day month. May be more or less depending on number of days in month.

4.3 The amount refunded or credited will be calculated based on the monthly service charge for the affected Services.

4.4 Website availability conditions

4.4.1 Customer shall not receive any refund or credit under in connection with any failure or deficiency of Website Availability caused by or associated with:

1. circumstances beyond CG’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, 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;

2. failure of access circuits to CG's Network, unless such failure is caused solely by CG;

3. scheduled maintenance and emergency maintenance and upgrades;

4. DNS issues outside the direct control of CG;

5. issues with FTP, POP, IMAP, or SMTP customer access;

6. false SLA breaches reported as a result of outages or errors of any CG measurement system;

7. 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 CG’s Terms and Conditions and Acceptable Use Policy;

8. e-mail or webmail delivery and transmission;

9. DNS (Domain Name Server) Propagation.

10. outages elsewhere on the Internet that hinder access to your account. CG is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CG will guarantee only those areas considered under the control of CG: CG server links to the Internet, CG’s routers, and CG’s servers.

4.5 Refund or credit request procedure

4.5.1 To receive a refund based upon SLA performance:

1. submit a help desk ticket within thirty (30) days of the end of the month for which you are claiming;

2. list your affected web hosting services that you have with us for which are claiming a monetary refund or credit on;

3. let us know in your ticket whether you would like a monetary refund or credited amount.

4.5.2 Unavailability must be confirmed by CG, afterwhich you will be immediately refunded or credited the amount according to our refund schedule.

4.5.3 Notwithstanding anything to the contrary herein, the total amount refunded or credited to the customer in a particular month under this SLA shall not exceed the total hosting fee paid by the customer for such month for the affected Services.