Service Level Agreement

1. Definitions
1.1. “CloudLinux” means server-side software that monitors resources to ensure operation within set limits.
1.2. “Customer” means the person or entity who ordered services provided by Spin Design.
1.3. “Customer Service” means the relationship between Spin Design staff and the Customer, with the purpose of assisting the Customer with a question they have asked.
1.4. “Legacy Service” or “Legacy Service(s)” means any Economy, Business, WHM Multi or other Service added from time-to-time that is not currently offered for purchase by new and/or existing Customers through any of Spin Design’s Service procurement channels.
1.5. “Monthly Downtime” is calculated over a 31 day month.
1.6. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, any Legacy Services, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name
registration or transfer or renewal, SSL, VPS and SMS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Spin Design has sent after the Customer requests the service.

1.7. “SLA” means Service Level Agreement (this agreement).
1.8. “Website Availability” means the percentage of time in a calendar month that the Service was available for access by third parties by HTTP (port 80) and/or HTTPS (port 443), as determined by Spin Design’s internal and external monitoring.
1.9. “Spin Design” means Spin Design Pty Ltd.

2. Our Goal
2.1. Spin Design’s goal is to achieve 100% website availability across all Service(s), and for all Customers.
2.2. Spin Design maintains a fully redundant network, utilities enterprise grade Dell hardware, RAID disk mirroring and a variety of other technical implementations to achieve uptime goals.

3. Remedy
3.1. Pursuant to Section 4 and 5 below, Spin Design will issue an account credit to the Customer’s account if the website availability of the Service is less than 100%, based on the following:

a . For active Premium web hosting Service(s)

Website Availability

Monthly Downtime

Credit Percentage

100% to 99.9%

Up to 44 minutes

0%

99.9% to 98%

Between 44 minutes and 14 hours 52 minutes

15%

98% to 95%

Between 14 hours 53 minutes and 37 hours 12 minutes

30%

95% to 90%

Between 37 hours 13 minutes and 74 hours 24 minutes

65%

Less than 90%

More than 74 hours 25 minutes

100%

c. For active Economy web hosting Service(s)

Website Availability

Monthly Downtime

Credit Percentage

100% to 99.5%

Up to 3 hours 43 minutes

0%

99.5% to 98%

Between 3 hours 44 minutes and 14 hours 52 minutes

15%

98% to 95%

Between 14 hours 53 minutes and 37 hours 12 minutes

30%

95% to 90%

Between 37 hours 13 minutes and 74 hours 24 minutes

65%

Less than 90%

More than 74 hours 25 minutes

100%

3.2. The credit amount will be calculated on the monthly Service fee, minus any discounts, addons or licenses which have been applied. Unless specified, all other Service(s) do not offer any credit percentage for website availability that is less than 100%.
3.3. The Customer will be notified by Spin Design by email in the event of a credit being available, which must be then claimed by the Customer by replying to the email notification.

4. Exceptions
4.1. The Customer will not be entitled to any remedy under this SLA if the website availability is reduced or impaired due to any exception named in this section of the agreement.
4.2. Circumstances beyond Spin Design’s reasonable control, including but not limited to, 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, Denial of Service attacks, or failure of third party software  including but not limited to cPanel, Installatron, R1Soft, RVSiteBuilder, VIPControl, eCommerce software, payment gateways, statistics or free scripts).
4.3. Scheduled maintenance or upgrades, including emergency maintenance or upgrades pursuant to Section 5 of this agreement.
4.4. DNS propagation issues outside the direct control of Spin Design.
4.5. Issues with FTP, POP3, IMAP, SMTP, SSH, cPanel or Webmail.
4.6. SLA breaches reported by third-party monitoring services belonging to or engaged by the Customer.
4.7. Customer’s acts or omissions (or acts or omissions of others engaged or authorised by customer), including but not limited to, custom scripting or coding (CGI, Perl, HTML, PHP, etc), any negligence, willful misconduct, or use of the Service in breach of Spin Design’s Terms of Service and Acceptable Use Policy.
4.8. CloudLinux making the Service unavailable due to excessive resource consumption.
4.9. Email or webmail delivery and transmission.4.10. Outages elsewhere on the Internet, DNS caching, browser caching, or any other reason that hinders access to the Service while others can still access it

5. Maintenance
5.1. Spin Design will perform scheduled maintenance at a time which is deemed suitable by Spin Design, and should it require any Service(s) to be offline for greater than thirty (30) minutes, Spin Design will post details of the scheduled maintenance at least two (2) days prior. These periods are not included in the website availability calculations.
5.2. Unscheduled maintenance will be performed as required by Spin Design. These periods are not included in the website availability calculations.

6. Acceptance
6.1. The Customer signified acceptance of this Service Level Agreement, as well as our Terms of Service, Customer Service Policy, Acceptable Use Policy, Privacy Policy and any applicable Registrant Agreement when they submitted their order to Spin Design for Services, and that order was accepted.

7. Changes
7.1. Spin Design may amend our Service Level Agreement at any time. Changes to this agreement will become effective upon their publication to our website.
7.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service.
If you have any questions about this agreement please contact our Customer Care team via email at info@spindesign.com.au