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Service Level Agreement

VentraIP Group (Australia) Pty Ltd and VentraIP (USA) LLC provide a Service Level Agreement to customers who have purchased specific services where this agreement is in place.

1. Definitions

1.1 "VentraIP” means VentraIP Group (Australia) Pty Ltd of Victoria, Australia, and/or VentraIP (USA) LLC of Nevada, United States of America.

1.2 “Customer” means the person or entity who ordered our services.

1.3 “Service(s)” means any Business cPanel web hosting plan with a plan name in the format of BUSINESS-XXX-#, that is marked as Active in VentraIP's billing system.

1.4 “SLA” means Service Level Agreement (this agreement).

1.5 “Web Site Availability" means the percentage of time in a calendar month that the Service was available for access by third parties by HTTP (port 80) and/or HTTPS (port 443), as determined by VentraIP's internal and external monitoring.

1.6 “VIPControl” refers to VentraIP’s customer account, billing and management portal, available online at https://vip.ventraip.com.au

2. Acceptance

2.1 The Customer signified acceptance of this Service Level Agreement when they submitted their order to VentraIP for Services, and that order was approved.

3. Our Goal

3.1 VentraIP's goal is to achieve 100% Web Site Availability for all Customers.

3.2 VentraIP maintains a fully redundant network and uses RAID disk mirroring on all web hosting servers to help achieve this goal.

4. Remedy

4.1 Subject to Sections 5 and 6 below, VentraIP will issue an account credit to the Customer if the Web Site Availability of the Service is less than 100%, based on the following table.

Web Site Availability

Monthly Downtime

Credit Percentage

99.9% to 100%

0 to 43 minutes

0%

98% to 99.8%

43 minutes to 14 hours 24 minutes

15%

95% to 97.9%

14 hours 24 minutes to 36 hours

30%

90% to 94.9%

36 hours to 72 hours

65%

Less than 89.9%

more than 72 hours

100%

4.2 The credit amount will be calculated on the monthly Service fee minus any discounts which have been applied.

4.3 The Customer will be notified by VentraIP by email in the event of a credit being applied under this agreement.

5. Exceptions

The Customer will not be entitled to any remedy under this SLA if the Web Site Availability is reduced or impaired due to any of the following causes:

5.1 Circumstances beyond VentraIP's reasonable control, including but not limited to, 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 but not limited to, cPanel, Installatron, RVSiteBuilder, VIPControl, ecommerce software, payment gateways, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.

5.2 Failure of access circuits to VentraIP's network or it's upstream providers, unless the failure is caused solely by VentraIP.

5.3 Scheduled maintenance or upgrades and emergency maintenance or upgrades as per Section 6 of this agreement.

5.4 DNS propagation issues outside the direct control of VentraIP.

5.5 Issues with FTP, POP3, IMAP, SMTP, SSH, cPanel or Webmail.

5.6 SLA breaches reported by third party monitoring services belonging to the Customer.

5.7 Customer's acts or omissions (or acts or omissions of others engaged or authorised by customer), including but not limited to, custom scripting or coding (CGI, Perl, HTML, PHP, etc), any negligence, wilful misconduct, or use of the Service in breach of VentraIP's Terms and Conditions and Acceptable Use Policy.

5.8 Email or webmail delivery and transmission.

5.9 Outages elsewhere on the internet, DNS caching, browser caching, or any other reason that hinders access to your Service while others can still access it.

6. Maintenance

Any downtime caused by the following maintenance procedures will not be included in the Web Site Availability calculations.

6.1 VentraIP will announce any scheduled maintenance at least 24 hours before it is due to commence. This will be communicated to the Customer by email, and announced on our Community Forums, Twitter and Service Status page.

6.2 From time to time, VentraIP 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 configuration failure.

Last modified: Tuesday, 9th March 2010

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