Overview

Primary Cloud Pty Ltd is committed to providing superior hosting services and take the highest level of care for our customers. Our goal is to exceed our service level requirements whilst continually maintaining exceptional customer support.

Primary Cloud provide financial rebates to our customers for unplanned outages and faults that cause them downtime.

This Service Level Agreement (SLA) applies if you have subscribed and currently hold any of our Services; and your account is current (i.e not past due and not suspended /terminated due to non-payment) with Primary Cloud.

Definitions

The following are the definitions of terms used in this Agreement:

Rebates

Primary Cloud aims to achieve 99.99% Service availability of its services for all customers.
Primary Cloud will provide a Fee Rebate against Monthly Recurring Fees set out in the Customer’s Master Services Agreement in an amount set out in the Fee Rebate Table below.
A Rebate will be applied against the Customer’s account for the calendar month in which the outage occurred. Rebates may not be transferred or applied to any other account.
Service availability is defined as the percentage of time Services are available to the customer during the course of a month. Service availability is calculated in accordance with the following formula:

Service Availability for Month = ((T – D)/T) x 100

Where: T is the total number of minutes in the Month; and D is Downtime. Downtime means any interruption to availability of Services which exceeds 90 seconds, but does not include interruptions resulting from:

Exclusions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

• circumstances beyond Primary Clouds 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, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
• attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against Primary Clouds network;
• scheduled maintenance and system upgrades, or emergency maintenance;
• any DNS or Domain Name Registry issues outside the direct control of Primary Cloud including DNS and Registry propagation issues and expiration;
• 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. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the customer’s account in breach of Primary Cloud Terms and Conditions and Acceptable Use Policy;
• issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;
• delays in e-mail delivery;
• the outage is smaller than 5 consecutive minutes;
• false SLA breaches reported as a result of outages or errors of any Primary Cloud measurement system;
• outages elsewhere on the Internet that hinder access to your account. Primary Cloud is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it. Primary Cloud will guarantee only those areas of the Internet considered under the control of Primary Cloud: Primary Cloud servers’ links to the Internet, Primary Cloud routers, and Primary Cloud servers themselves.

Maintenance

Primary Cloud will announce any scheduled maintenance at least 48 hours before it is due to commence. This will be communicated to the Customer by email. These periods are not included in the Service Availability calculations.

From time to time, Primary Cloud may be required to perform emergency server maintenance without prior notification to the customer in order to protect the integrity of the service, apply critical updates, or restart services due to a configuration failure. These periods are not included in the Service Availability calculations.

Our Backup Policy/ Loss of Business

While Primary Cloud attempts to keep regular backups of data stored on our systems, we do not guarantee the existence, accuracy, or regularity of our backup services and, therefore, the client is responsible for making backups of data. Primary Cloud does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients’ information. Primary Cloud is not responsible or liable for any loss of business which may occur due to downtime.

Questions or Clarification

If you have any questions or require clarification on any part of this Service Level Agreement, please do not hesitate to contact Primary Cloud by emailing info@primarycloud.com