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WGSNET
Service Agreement

01. 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 WGSNET PTY LTD   (" WGSNET") and your account is current (i.e., not past due) with WGSNET.

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 WGSNET.


02. Technical Support


WGSNET will provide You with technical support for setup of your account, access basic site set and other related issues at no additional charge. WGSNET 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.

Email support is available 24 hours a day, seven days a week, 365 days a year, including public holidays

Phone support is available Monday to Friday, excluding public holidays from 8.30am to 5.00pm.

WGSNET's standard response time to technical support requests is within one hour. The respons time depends on the complexity of the enquiry and current support request volumes.


03. Service Level

a. Objective:
WGSNET aims to achieve 100% Web Site Availability for all customers.

b. 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%, WGSNET will issue a credit to You according to the following table:

Total Downtime in a 30 Day month Credit Percentage
99.99% to 100% 0 to 43.2 minutes 0%
98% to 99.99% 43.2 mins
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.


04. Maintenance Procedure

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

b. WGSNET 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.


05. 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:

a. circumstances beyond WGSNET Hosting's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor 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;

b. failure of access circuits to the WGSNET's Network or it's upstream providers, unless such failure is caused solely by WGSNET;

c. scheduled maintenance and emergency maintenance and upgrades;

d. DNS issues outside the direct control of WGSNET;

e. issues with FTP, POP, IMAP, or SMTP customer access;

f. false SLA breaches reported as a result of outages or errors of any WGSNET's measurement system;

g. 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, willful misconduct, or use of the Services in breach of WGSNET's Terms of Service and Acceptable Use Policy;

h. e-mail or webmail delivery and transmission;

i. DNS (Domain Name Server) Propagation.

j. outages elsewhere on the Internet that hinder access to your account. WGSNET is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. WGSNET will guarantee only those areas considered under the control of WGSNET : WGSNET server links to the Internet, and WGSNET's servers.

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

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


06. Credit Request and Payment Procedures


To receive a refund, 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 WGSNET, credits will be applied within two billing cycles after WGSNET'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 WGSNET 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

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