Service Level Agreement

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Charles Elena

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 Charles Elena 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 Charles Elena is subject to and conditional upon the Customer’s account with Charles Elena being current (i.e., not past the due date for payment of fees) at the time of any Outage.
    3. Charles Elena commits to 99.5% Uptime.

 

  1. SERVICE LEVEL COMMITMENT
    1. A Charles Elena 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 Charles Elena network, as assessed by Charles Elena.
    2. A Charles Elena Non-website Service is Available if the Service can be accessed from outside the Charles Elena network at the operating system level, as assessed by Charles Elena.
    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 Charles Elena Service is Available. Unavailable means any time the Charles Elena Service is not Available. An Outage is defined as any continuous period the Charles Elena Service is not Available.
    4. Under no circumstances does the SLA cover anything (including software) not provided by Charles Elena as part of the Charles Elena Service.
  1. Charles Elena 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 Charles Elena’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 Charles Elena’s network or upstream providers, unless such failure is caused solely by Charles Elena;
    • Planned, Urgent, or Emergency Maintenance Periods;
    • DNS issues outside the direct control of Charles Elena, 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 Charles Elena for the Customer to administer the system;
    • false SLA breaches reported as a result of outages or errors of any of Charles Elena’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 Charles Elena 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 Charles Elena Services or account; or
    • browser or DNS caching that may make the Charles Elena Services inaccessible to the Customer when others can still access the Charles Elena Service.
  2. 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 Charles Elena’s reasonable control

 

  1. MAINTENANCE
    1. In order for Charles Elena to provide the Charles Elena Services, the Customer acknowledges and accepts that Charles Elena will need to perform maintenance on the systems used to provide the Charles Elena Services, and that such maintenance could result in the Charles Elena 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 Charles Elena 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. Charles Elena will undertake planned maintenance on a monthly cycle, posted on the Charles Elena website and via Customer Notification channels. Planned Maintenance which will occur between 10pm and 7am AEST.
    4. Urgent Maintenance. Charles Elena will provide at least 24 hours advance notice via the Charles Elena website and Customer Notification channels of an Urgent Maintenance Period being required, which will occur between 10pm and 7am AEST.
    5. Emergency Maintenance. Charles Elena 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 Charles Elena environment without any liability to the Customer for any resulting loss, damage or expense. Charles Elena 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. Charles Elena 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 Charles Elena, for:
      • All software running on or associated with the Charles Elena 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 Charles Elena Service.
    3. Should Charles Elena 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 Charles Elena 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 Charles Elena website, www.charleselena.com.au, at any time;
      • by email, cPanel Web Hosting must use their Client Area, all other customers can email developer@charleselenaweb.com, at any time; or
      • by phone on the Support Contact number (published on the Charles Elena website) during Standard Business Hours.
    5. Charles Elena reserves the right to decline to act on any service request or support ticket not submitted according to section 5.4.
    6. Charles Elena 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 Charles Elena’s response time to tickets, are not subject to the terms of this SLA.
    8. Standard Business Hours. Charles Elena’s Standard Business Hours are Monday to Friday from 9:00am to 6:00pm AEST, excluding Public Holidays observed in Victoria, Australia.
    9. Calling the Charles Elena 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.
  • Customer support outside of Standard Business Hours is provided on an on-call basis. A call-out is defined as any work undertaken by Charles Elena or subcontractors outside of Standard Business Hours in response to the Customer’s request. This work may be undertaken remotely.
  • If a Customer’s Service includes Charles Elena’s Extended Support, call-outs outside of Standard Business Hours will be charged at $125 +GST per hour (minimum 1 hour).
  • If a Customer’s Service does not include Charles Elena’s Extended Support, call-outs outside of Standard Business Hours will only be undertaken for critical issues (as defined by Charles Elena). The Customer will be charged $250 +GST per hour (minimum 1 hour) for any call-out.
  • Charles Elena reserves the right to modify its Standard Business Hours as required for operational reasons. Any changes, temporary or permanent, will be posted on the Charles Elena website.
  • Charges set out in this SLA can be varied by Charles Elena at any time subject to giving prior notice via the Charles Elena website and/or the Customer notification channels.

 

Availability %Downtime per yearDowntime per month*Downtime per week
90% (“one nine”)36.5 days72 hours16.8 hours
95%18.25 days36 hours8.4 hours
97%10.96 days21.6 hours5.04 hours
98%7.30 days14.4 hours3.36 hours
99% (“two nines”)3.65 days7.20 hours1.68 hours
99.5%1.83 days3.60 hours50.4 minutes
99.8%17.52 hours86.23 minutes20.16 minutes
99.9% (“three nines”)8.76 hours43.2 minutes10.1 minutes
99.95%4.38 hours21.56 minutes5.04 minutes
99.99% (“four nines”)52.56 minutes4.32 minutes1.01 minutes
99.999% (“five nines”)5.26 minutes25.9 seconds6.05 seconds
99.9999% (“six nines”)31.5 seconds2.59 seconds0.605 seconds