Coverage and Terminology

This Service Level Agreement (SLA) applies to the customer or party or parties (“You”, “Your” ) who hold a current account with any of the Web Hosting (the “Services” ) services from Nathan Franklin (“Nathan”, “me”, “we”) and your account is current (i.e., not past due) with Nathan.

As used herein, the term “Web Site 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 Web site is available for access by third parties via HTTP and/or HTTPS, as measured by Nathan.

Technical Support

Nathan will provide You with technical support for setup of your account, and also basic site installation set up and other related issues at no additional charge. Nathan will not provide development-related support for web applications, scripts or components from third parties, scripts of installable applications from our Application Vault, or those developed by You.

Business Hours:

Ticket Support is available Monday to Friday from 8:30am to 5:30pm AEST [Excluding Public Holidays].

Nathan’s target response time to technical support requests is less than one hour. The response time depends on the complexity of the enquiry and current support request volumes.

Out of Business Hours:

Ticket Support: Tickets can be submitted but will be actioned next business day.

Critical Issues for customers will be charged at $120 + GST per hour (minimum 1 hour) unless it is through fault of Nathan.

Non-critical issues for all customers are chargeable at $120 + GST per hour (minimum 1 hour).

Service Level

Objective: 

Nathan aims to achieve 100% Web Site Availability for all customers. Servers are regularly monitored and notifications are issued to server admins if any potential issues may arise.

Remedy:

Except under the conditions mentioned in the next section below, if the Web Site Availability of customer’s Web site is less than 100%, Nathan will issue a credit to You according to the following table:

Total DowntimeCredit Percentage
99.9% to 100% (0 to 43.2 mins)0%
98% to 99.9% (14hrs to 43.2 mins)10%
95% to 97.9% (4 hrs 24mins to 36hrs)25%
90% to 94.9% (36 hrs to 72hrs)50%
89% or below (more than 72hrs)100%

The credit will be calculated based on the monthly service charge for the affected Services.

Maintenance Procedure

Nathan will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.

Nathan 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.

Conditions 

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

  • circumstances beyond Nathan’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, 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 Nathan’s Network or upstream providers, unless such failure is caused solely by Nathan;
  • scheduled maintenance and emergency maintenance and upgrades;
  • DNS issues outside the direct control of Nathan;
  • issues with FTP, POP, IMAP, or SMTP customer access;
  • false SLA breaches reported as a result of outages or errors of Nathan’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 (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the Services in breach of Nathan’s Terms of Service and Acceptable Use Policy;
  • e-mail or webmail delivery and transmission;
  • DNS (Domain Name Server) Propagation.
  • outages elsewhere on the Internet that hinder access to your account. Nathan is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Nathan will guarantee only those areas considered under the direct control of Nathan.

Please note: Server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond Nathan’s control including, but not limited to DoS attacks or other forms of intrusion are excluded from the uptime/downtime calculations.

To guarantee optimal performance of the hosting infrastructure, it is necessary for Nathan to perform routine maintenance on the servers. Such maintenance often requires taking web and email servers off-line, typically performed during off-peak hours. Nathan will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Nathan reserves one hour of Service unavailability per month for maintenance purposes. Such unavailability is not included in the Service Availability calculation.

Credit Request and Payment Procedures

To receive a refund based upon SLA performance, send an email or written refund request to the Accounts Department. You must provide your Account ID and all dates and times of server or network unavailability.

REFUND REQUESTS MUST BE RECEIVED BY THE ACCOUNTS DEPARTMENT WITHIN THIRTY DAYS OF THE END OF THE MONTH FOR WHICH YOU ARE REQUESTING A REFUND.

If the unavailability is confirmed by Nathan, credits will be applied within two billing cycles after Nathan’s receipt of customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

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 Services. Credits are exclusive of any applicable taxes charged to customer or collected by Nathan and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer’s Web site.

Note: Credits are not refundable and can be used only towards future billing charges