Service Level Agreement

Hosting Service Level Agreement (SLA) – XUGAR & Luxon Digital

Coverage and Terminology

This Service Level Agreement (SLA) applies to you (“customer”) if you currently hold an account with any of the Web Hosting services from XUGAR (the “Services”) and your account is current (i.e., not past due) with XUGAR.

As used herein, the term “Web Site Uptime” 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 XUGAR.

Service Level
Objective:
Xugar strives to achieve a 100% Web Site uptime for all customers.

Remedy:
Except under the conditions mentioned in the next section below, if the uptime of customer’s Web site is less than 100%, Xugar will issue a credit to customer according to the following table:

Web Site Uptime Total Downtime
in a 30 days
calendar month
Credit Percentage
99.9 to 100% 0 to 43.2 minutes 0%
98% to 99.8% 43.2 mins to 14 hrs 24 mins 10%
95% to 97.9% 14 hrs 24 mins to 36 hrs 20%
90% to 94.9% 36 hrs to 72 hrs 35%
89.9% or below more than 72 hrs 50%

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

Maintenance Procedure:

  • Xugar will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer
  • Xugar 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 Uptime caused by or associated with circumstances beyond Xugar’s reasonable control, including, without limitation needed for provision of this SLA:

  • acts of any governmental body
  • war
  • insurrection
  • sabotage
  • armed conflict
  • embargo
  • fire
  • flood
  • strike or other labor disturbance
  • interruption of or delay in transportation
  • availability 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)
  • inability to obtain raw materials, supplies, or power used in or equipment
  • failure of access circuits to the Xugar’s Network or it’s upstream providers;
  • scheduled maintenance and emergency maintenance and upgrades;
  • DNS issues outside the direct control of Xugar;
  • issues with FTP, POP, IMAP, MS Exchange or SMTP customer access;
  • false SLA breaches reported as a result of outages or errors of any Xugar’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, PHP, ASP.Net, etc), any negligence, willful misconduct, or use of the Services in breach of Xugar’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. Xugar is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Xugar will guarantee only those areas considered under the control of Xugar : Xugar server links to the Internet, and Xugar’s servers.
Credit Request and Payment Procedures

Each request in connection with this SLA must include customer’s account name and the dates and times of the unavailability of customer’s Web site and must be received by Xugar within ten (10) business days after customer’s Web Site was not available. If the unavailability is confirmed by Xugar, credits will be applied within two billing cycles after Xugar’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 Xugar and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Uptime of customer’s Web site.

Note: Credits are not refundable and can be used only towards future billing charges.

Late Payments, Support and Late Fee Surcharge
You acknowledge that if any payment for renewal of an agreement is not received in our bank by the due date we may limit or suspend the Services and / or cancel this agreement.

We may choose not to cancel the agreement if you make an additional payment to us to cover the disruption caused by your late payment. This payment is:

– if you have not paid within 30 days of the due date, the late payment fee will be A$11.00 and customer response time will reduced to a 24 hour turnaround;

– if you have not paid within 60 days of the due date, the late payment fee will be A$33.00 and customer response time will be ceased until payment has been received;

– if you have not paid within 90 days of the due date, your account will be closed and services will be discontinued. Recovery action will be taken for the outstanding fees.

If your account is closed by us because you have not made a payment when due or because you have for any reason failed to give us notice of cancelation you agree to pay us:
– all of the Price for Services to the end of the quarter of cancelation, whenever that is;

– and you agree that these terms are reasonable.

Effective date:
1st January 2016