SERVICE LEVEL AGREEMENT

Last Updated: 1st April 2014

The iNode Cloud Service Level Agreement (SLA) is an agreement relating to the use of iNode Cloud Cloud Services, and is entered into between Kabisi Group Pty Limited (iNode Cloud) and our clients (You). This agreement is designed to give our clients a level of confidence around the reliability of our platform, and our commitment to delivering a high quality service.

This SLA agreement is to be read in conjunction with the iNode Cloud Terms and Conditions.

SERVICE LEVEL AGREEMENT

We will use reasonable endeavours to ensure that the iNode Cloud Cloud Platform provides Service Availability of at least 99.95% measured over a calendar month, subject to the terms and conditions set out in this Annexure.

Support Boundaries – iNode Cloud provides technical support to its direct customers only and is designed to assist customers with the use of and connections to the hosting service and does not extend to fixing issues that relate to the coding of a website or web application hosted within The Customer hosting service.

Support to Customers of The Customer – iNode Cloud does not provide direct technical support to customers of The Customer. Resellers, Affiliates, Dedicated and VPS customers, and customers who have multiple individual hosting accounts under a single iNode Cloud Panel account must not advise their customers to contact iNode Cloud directly and should instead contact iNode Cloud on their customer’s behalf.

Advanced Support – Where iNode Cloud can and agrees to provide advanced support to The Customer, additional service fees are required for the provision of the advanced support. Fees for advanced support are payable in advance based on the time estimated by iNode Cloud for the additional task to be carried out. iNode Cloud provides no guarantees that an issue or task will be resolved within the estimated time, and if further time is required, additional advanced support time will need to be paid for prior to any further labour being carried out.

Responsibility for Content and Account Activity – The Customer is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the iNode Cloud infrastructure, other client accounts hosted by iNode Cloud, or the external systems of visitors viewing the hosted content.

Acceptable Usage – The Customer must ensure at all times they comply with iNode Cloud’s Acceptable Usage Policy and must not host any content or allow any account activity that breaches the Acceptable Usage Policy. Breaches to the Acceptable Usage Policy are governed by the following conditions:

First violation – When iNode Cloud determines a hosting service has violated any element of the AUP, The Customer shall receive an email warning advising of the violation. The hosting service may at iNode Cloud’s discretion be subject to a temporary suspension until the customer to agrees to cease any violations, at which point iNode Cloud will unsuspend the service.

Second Violation – When iNode Cloud determines a hosting service has committed a second violation of any element of the Acceptable Usage Policy, the hosting service shall be subject to immediate suspension or termination without further notice.

Suspension of Service or Cancellation – iNode Cloud reserves the right to suspend access to The Customer’s hosting service if in the judgment of iNode Cloud The Customer’s service is the source or target of the violation of any of the terms of the Acceptable Usage Policy or these terms of service. If inappropriate activity is detected, all accounts of The Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured and in extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the hosting service is suspended.

Web applications – The Customer must ensure all web applications utilised on the hosting service are kept secure, patched and up to date. Open source applications are vulnerable to attacks via exploits in the software, and the developer’s of the software generally provide updates when vulnerabilities have been detected. It is The Customer’s responsibility to install any and all updates/patches to maintain the application’s security. If The Customer does not have the required skill to perform the updates, The Customer will need to employ the services of a Web Developer who is able to assist.

Maintaining Compatibility – The nature of the hosting environments and server applications such as Apache, PHP and MySQL is that they are constantly being updated to maintain stability, performance and security. Keeping web based applications patched and up to date ensures both a secure website and data, and is also essential to maintain compatibility with changes in server applications. iNode Cloud incrementally updates all server applications on a regular basis and it is the responsibility of The Customer to maintain installed web applications to ensure compatibility with the latest stable and supported releases of all server applications.

Resource Usage – All hosting services purchased have a variety of resource limitations applied in accordance to the applicable plan associated with the service. It is The Customer’s responsibility to ensure their hosting service does not exceed the resources allocated and to upgrade their service if it is determined more resources are required to continue the smooth operation of a hosting service.

Resource Usage Abuse – iNode Cloud implements per account resource restrictions on all hosting services which will vary from plan to plan. In addition to these, customers must not:
1. Use 50% or more of the allocated CPU resources for more than 60 seconds.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run an account on any service as a file store for content not related to the operation and delivery of their web applications or that may breach the iNode Cloud Acceptable Usage Policy.
4. Run any type of indexing software on any hosting service.
5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
6. Run any type of bit torrent application or tracker or participate in any illegal file-sharing activities.
7. Run cron tasks on any hosting service with intervals of less than 2 minutes.
8. Run excessively large MySQL databases on any hosting service. Databases with an excessive number of MySQL tables (in excess of 1000) or of a size greater than 1GB can negatively affect the performance of the server and are strictly forbidden.
9. Run any MySQL queries longer than 15 seconds on any hosting service. MySQL tables should be indexed appropriately and regularly maintained to ensure individual tables do not contain an excessive number of rows.
10. Store multiple backups of a hosting service on any hosting service. Backup archives created by a server’s backup tools are designed to be downloaded off the server for maintaining offsite backups. Making backups that contain other backup archives can cause heavy load on the storage arrays and is strictly forbidden. Any hosting services found to have multiple backups on the server may have them removed without prior notification.
11. Generate backups on any hosting service consuming greater than 15GB of disk space. You must first contact Technical Support and then a backup will be generated for you.
12. Store emails in the trash folder for longer than 30 days. Emails that have been in the Trash folder for more than 30 days will be automatically deleted.

Bandwidth / Data Transfer Monitoring – Bandwidth / Data Transfer is monitored in a variety of ways across our range of services as outlined below:

1. All bandwidth is monitored on a calendar month cycle and may not correspond to the exact billing cycle of the service.
2. Customer alerts are sent to the registered contact email address on file prior to any fixed bandwidth quota being reached. It is the customer’s responsibility to contact iNode Cloud to apply a suitable upgrade or add-on for the affected service to cover any extra usage beyond the fixed plan quota.
3. For Shared hosting plans with fixed bandwidth quotas, exceeding the assigned quota will result in overage charges being applied. To avoid the higher overage charges, the service needs to be upgraded to the next plan that provides sufficient bandwidth to meet the customer’s requirements.

6.4.4 Bandwidth Abuse – iNode Cloud reserves the right to shape, suspend, or terminate the service of any customer that is causing issues or performance problems for other customers on the iNode Cloud’s network. iNode Cloud reserves the right in a situation where a customer’s traffic is causing unviable costs to its business to either charge the customer at a rate that is viable (change plan/rate) or suspend/terminate the service.

6.5 Gaming Servers – iNode Cloud does not allow gaming servers on any part of our network. Services that are found to be in breach of this clause face immediate suspension without prior notification.

6.6 Media Streaming – iNode Cloud does not allow media streaming on any hosting services. Services that are found to be in breach of this clause face immediate suspension without prior notification.

 

DEFINITION OF SERVICE AVAILABILITY

2.”Service Availability” describes the availability of:

  1. A cloud instance (where the instance is up and available to the internet); and
  2. The hosting environment (being the servers, storage, routers, switches and internet connectivity) under our exclusive control.

3. Service Availability is measured as a percentage of time that the iNode Cloud Cloud Platform is operational and contactable from the internet, calculated over a calendar month, excluding any Scheduled Outages.

SERVICE LEVEL INCLUSIONS AND EXCLUSIONS

4. The Service Level applies only to a released product.

5. The Service Level does not apply to:

  1. Any scheduled outages, being any outage windows scheduled by us when maintenance is required to be performed on the iNode Cloud Cloud Platform (Scheduled Outages);
  2. Any services running within the cloud instances;
  3. Any Beta product (being any product released to the market for testing and feedback);
  4. Any outages or downtime initiated or caused by your acts or omissions, any software of configuration issues relating to your software, hardware or services.
  5. We have no obligation to meet the Service Level if any undisputed invoice is overdue for payment or if your account is suspended for any reason in accordance with this Agreement.

OUTAGES

7. We will use reasonable endeavours to notify you of any Scheduled Outages at least 5 Business Days prior to the date on which the Schedule Outage is proposed to occur.

8. If we anticipate that the Services and/or Additional Services will be offline for more than 30 consecutive minutes at any time, we will notify you by posting details on our Website.

SERVICE CREDITS

9. If we fail to meet any Service Level (Service Level Failure), your sole and exclusive remedy is to claim a Service Credit equal to 10% of the monthly fees paid or payable for the Services (excluding GST) in the calendar month in which the Service Level Failure occurred, subject to the terms and conditions set out in this Annexure.

10. To claim a Service Credit, you must email us at [email protected] within 30 days of the Service Level Failure and provide the following details:

  1. Your registered email address, contact name and phone number;
  2. Details of the date(s) and time(s) of the Service Level Failure; and
  3. Details of the outage you experienced (Service Credit Claim).

11. We will assess your Service Credit Claim within 20 Business Days of receipt of all information required to be provided pursuant to clause 10 of this Annexure.

12. If we are satisfied that a Service Level Failure occurred in accordance with your Service Level Claim, we will apply the Service Credit to any fees and charges invoiced by us to you within 3 months of the date of your Service Level Claim. We are not obliged to apply the Service Credit to any invoice after this timeframe.

13. Service Credits cannot be transferred or applied to another account, and are not redeemable for cash.

QUESTIONS OR CLARIFICATION

If you have any questions or require clarifications of any part of this Service Level Agreement, please do not hesitate to contact iNode Cloud by calling 1300 798 890 or by emailing [email protected]

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