Service Level Agreement

Last Updated: 4th April 2016.

The Australian Cloud Solutions (ACS) Service Level Agreement (SLA) is an agreement relating to the use of ACS Cloud Services, and is entered into between ACS and our clients (You). This agreement is designed to give our clients a level of confidence around the reliability of our platform, and our commitment to delivering a high quality service.

This SLA is to be read in conjunction with but does not take precedence over any signed and active ACS Cloud Server Reseller Agreement.

SERVICE LEVEL AGREEMENT

We will use reasonable endeavours to ensure that the ACS Cloud Platform provides Service Availability of at least 99.95% measured over a calendar month, subject to the terms and conditions set out in this Annexure.

DEFINITION OF SERVICE AVAILABILITY

“Service Availability” describes the availability of:

1. A cloud instance (where the instance is up and available to the internet); and

2. The hosting environment (being the servers, storage, routers, switches and internet connectivity) under our exclusive control.

3. Service Availability is measured as a percentage of time that the ACS Cloud Platform is operational and contactable from the internet, calculated over a calendar month, excluding any Scheduled Outages.

SERVICE LEVEL INCLUSIONS AND EXCLUSIONS

4. The Service Level applies only to a released product.

5. The Service Level does not apply to:

1. Any scheduled outages, being any outage windows scheduled by us when maintenance is required to be performed on the ACS Cloud Platform (Scheduled Outages);

2. Any services running within the cloud instances;

3. Any Beta product (being any product released to the market for testing and feedback);

4. Any outages or downtime initiated or caused by your acts or omissions, any software of configuration issues relating to your software, hardware or services.

5. We have no obligation to meet the Service Level if any undisputed invoice is overdue for payment or if your account is suspended for any reason in accordance with this Agreement.

OUTAGES

7. We will use reasonable endeavours to notify you of any Scheduled Outages at least 5 Business Days prior to the date on which the Schedule Outage is proposed to occur.

8. If we anticipate that the Services and/or Additional Services will be offline for more than 30 consecutive minutes at any time, we will notify you by posting details on our Website.

SERVICE CREDITS

9. If we fail to meet any Service Level (Service Level Failure), your sole and exclusive remedy is to claim a Service Credit equal to 10% of the monthly fees paid or payable for the Services (excluding GST) in the calendar month in which the Service Level Failure occurred, subject to the terms and conditions set out in this Annexure.

10. To claim a Service Credit, you must email us at support@aucloud.com.au within 30 days of the Service Level Failure and provide the following details:

1. Your registered email address, contact name and phone number;

2. Details of the date(s) and time(s) of the Service Level Failure; and

3. Details of the outage you experienced (Service Credit Claim).

11. We will assess your Service Credit Claim within 20 Business Days of receipt of all information required to be provided pursuant to clause 10 of this Annexure.

12. If we are satisfied that a Service Level Failure occurred in accordance with your Service Level Claim, we will apply the Service Credit to any fees and charges invoiced by us to you within 3 months of the date of your Service Level Claim. We are not obliged to apply the Service Credit to any invoice after this timeframe.

13. Service Credits cannot be transferred or applied to another account, and are not redeemable for cash.

QUESTIONS OR CLARIFICATION

If you have any questions or require clarifications of any part of this Service Level Agreement, please do not hesitate to contact ACS by calling 1300 700 885 or by emailing support@aucloud.net.au