Knowledgebase

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 FASTDOT Pty. Ltd. (ACN 002454631) to a current Customer (as defined in the Standard Terms).
2. The application of this SLA with respect to Service Level Credits to the Customer by FASTDOT is subject to and conditional upon the Customer’s account with FASTDOT 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.

1. SERVICE LEVEL COMMITMENT
1. A FASTDOT website Service (i.e., a Service based largely or wholly on the provision of infrastructure for a website) is Available if it can be accessed by third parties via HTTP and/or HTTPS outside the FASTDOT network, as assessed by FASTDOT.
2. A FASTDOT Non-website Service is Available if the Service can be accessed from outside the FASTDOT network at the operating system level, as assessed by FASTDOT.
3. Availability means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the FASTDOT Service is Available. Unavailable means any time the FASTDOT Service is not Available. An Outage is defined as any continuous period the FASTDOT Service is not Available.
4. Under no circumstances does the SLA cover anything (including software) not provided by FASTDOT as part of the FASTDOT Service.
5. Service Level Credits. Subject to the terms and conditions of this SLA, should the Availability of a FASTDOT Service drop below 99.99% in any calendar month (i.e., an outage of more than 4.32 minutes), FASTDOT will provide a credit to the Customer’s account based on the duration of the Outage, according to the following table

1. Service Level Credits are calculated based on the Credit Percentage multiplied by the monthly service charge for the affected FASTDOT Service.
2. A Customer will not receive Service Level Credits, and FASTDOT 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 FASTDOT’s 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 FASTDOT’s network or upstream providers, unless such failure is caused solely by FASTDOT.
• Planned, Urgent, or Emergency Maintenance Periods.
• DNS issues outside the direct control of FASTDOT, 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 FASTDOT for the Customer to administer the system;
• false SLA breaches reported as a result of outages or errors of any of FASTDOT′s 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 FASTDOT 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 FASTDOT Services or account; or
• browser or DNS caching that may make the FASTDOT Services inaccessible to the Customer when others can still access the FASTDOT 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 FASTDOT’s reasonable control.

• The maximum Service Level Credit under this SLA shall not exceed one month’s fee for that FASTDOT Service paid by the Customer with respect to that month during which the FASTDOT Services are detrimentally impacted.
• Service Level Credits shall not be made for any FASTDOT Service on trial or provided free of charge.
• Service Level Credits are neutral is relation to any applicable taxes charged to the Customer or collected by FASTDOT.
• Service Level Credits are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in availability of the FASTDOT 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 FASTDOT Accounts Department (accounts@FASTDOT.com.au) within 30 days of the Outage or issue first occurring.
2. The Customer must provide their Account ID and all dates and times they believe the FASTDOT Service was not available in any Service Level Credit Request.
3. If the Service unavailability is confirmed by FASTDOT, credits will be applied within two billing cycles after FASTDOT’s 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 FASTDOT Customer.

1. MAINTENANCE
1. In order for FASTDOT to provide the FASTDOT Services, the Customer acknowledges and accepts that FASTDOT will need to perform maintenance on the systems used to provide the FASTDOT Services, and that such maintenance could result in the FASTDOT 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 FASTDOT 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. FASTDOT will undertake planned maintenance on a monthly cycle, posted on the FASTDOT website and via Customer Notification channels. Planned Maintenance which will occur between 10pm and 7am AEST.
4. Urgent Maintenance. FASTDOT will provide at least 24 hours advance notice via the FASTDOT website and Customer Notification channels of an Urgent Maintenance Period being required, which will occur between 10pm and 7am AEST.
5. Emergency Maintenance. FASTDOT 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 FASTDOT environment without any liability to the Customer for any resulting loss, damage or expense. FASTDOT 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.

1. TECHNICAL SUPPORT
1. FASTDOT 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 FASTDOT, for:
• All software running on or associated with the FASTDOT 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 FASTDOT Service.
3. Should FASTDOT 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 FASTDOT 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 FASTDOT website, https://my.fastdot.com/submitticket.php at any time.
• by phone on the Support Contact number (published on the FASTDOT website) during Standard Business Hours.
5. FASTDOT reserves the right to decline to act on any service request or support ticket not submitted according to section 5.4.
6. FASTDOT 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 FASTDOT’s response time to tickets, are not subject to the terms of this SLA.
8. Standard Business Hours. FASTDOT’s Standard Business Hours are Monday to Friday from 9am to 5pm AEST, excluding Public Holidays observed in NSW, Australia.

• Customer support outside of Standard Business Hours is provided on an on-call basis. A call-out is defined as any work undertaken by FASTDOT or subcontractors outside of Standard Business Hours in response to the Customer’s request. This work may be undertaken remotely.
• FASTDOT reserves the right to modify its Standard Business Hours as required for operational reasons. Any changes, temporary or permanent, will be posted on the FASTDOT website.
• Charges set out in this SLA can be varied by FASTDOT at any time subject to giving prior notice via the FASTDOT website and/or the Customer notification channels.