SLA Service Level Agreement

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 of 4Sprung Pty Ltd and your account is current (i.e., not past due) with 4Sprung. 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 4Sprung.
        
Technical Support

4Sprung will provide You with technical support for setup of your hosting account, access basic site settings and other related issues at no additional charge. 4Sprung will not provide free 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 or Us for you.
        
Business Hours:

Ticket Support is available 8 hours a day during business hours [Excluding Public Holidays].
    
4Sprung′s target response time to technical support requests is less than four  hours.   

 The response time depends on the complexity of the enquiry and current  support request volumes.

Non-Business Hours:

Ticket Support is available 8 hours a day [Excluding Public Holidays].
Emergency Support: 4Sprung may have on call technicians to respond to critical  issues after hours. This can be accessed by lodging help desk ticket or calling our phone number
Emergency Support without 4Sprung “extended support” management services will be charged at $125 + GST per hour (minimum 1 hour).  Please note that any emergency support outside of business hours for all issues, including subscriptions that have “extended support”, will incur a fee of $225 +GST per hour (minimum is one hour charge).

Service Level
        
Objective:
4Sprung aims to achieve 100% Web Site Availability for all customers.

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%, 4Sprung will issue a credit to You according to the following table:

                                Total Downtime                             Credit percentage

99.99% to 100%     0 to 4.32 minutes                           0%
98% to 99.99%       4.32 min to 14 hrs 24 mins         10%
95% to 97.9%        14 hrs 24 mins to 36 hrs               25%
90% to 94.9%         36 hrs to 72 hrs                             50%
89% or below         more than 72 hrs                       100%



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

Maintenance Procedure

4Sprung will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.
4Sprung 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 4Sprung hosting’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, e-commerce 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 4Sprung′s data Centre Network or it’s upstream providers, unless such failure is caused solely by 4Sprung;
        scheduled maintenance and emergency maintenance and upgrades;
        DNS issues outside the direct control of 4Sprung;
        issues with FTP, POP, IMAP, or SMTP customer access;
        false SLA breaches reported as a result of outages or errors of any 4Sprung′s             measurement system;
        customer’s acts or omissions (or acts or omissions of others engaged or authorized         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 4Sprung′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. 4Sprung is         not responsible for browser or DNS caching that may make your site appear             inaccessible when others can still access it. 4Sprung will guarantee only those             areas considered under the control of 4Sprung : 4Sprung server links to the             Internet, and 4Sprung′s servers.

Please note: Server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond 4Sprung′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 4Sprung to perform routine maintenance on the servers. Such maintenance often requires taking 4Sprung web and email servers off-line, typically performed during off-peak hours. 4Sprung will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. 4Sprung reserves one hour of Service unavailability per month for maintenance purposes. Such unavailability is not included in the Service Availability calculation.

Credit Request

To receive a credit based upon SLA performance, send an email or written credit request to the Accounts Department (ask.us@4sprung.com.au). You must provide your Account ID and all dates and times of server or network unavailability. Credit requests must be received by the Accounts Department within 30 days of the end of the month for which you are requesting a credit. If the unavailability is confirmed by 4Sprung, credits will be applied within two billing cycles after 4Sprung′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 4Sprung and are the customer’s sole and exclusive remedy with respect to any failure or deficiency in availability of the customer’s services.

Note: Credits are not refundable and can be used only towards future billing charges within your 4Sprung account.

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