Web Media Service Level Agreement

This document is to provide you with Web Media Pty Ltd's minimum service level agreement for the service of Dedicated Servers & Managed Dedicated Servers & Co-location.

1. The term "Web Media" refers to Web Media Pty Ltd (A.C.N. 094 207 888). The "Customer" means the Customer and their designated users right to use the service. The "service" referes to co-location services provided by Web Media.

1.1 During the term of a dedicated server service, the Customer shall have a Service Level Agreement (SLA) for any downtime reported to Web Media by the Customer.

1.2 Other than as provided in this Service Level Agreement, Web Media shall not be liable for the failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any government authority, war, sabotage, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or delay in telecommunications or third party services, failure of third party hardware and/or software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of services.

2. Web Media offers the guaranteed up-time for Australian network services to be 99% each calendar month.

2.1 Downtime for the purpose of the service offered by Web Media shall mean the interruption of ninety (90) seconds or more in the availability to users of any application, directly or indirectly made available through the Services, only if such interruption is due to either:
a.) a disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where Web Media transmits a Customer's content to Web Media carriers at the Web Media border router ports. Such carriers provide Web Media with private and dedicated bandwidth. Web Media undertakes no obligation for the circuit or link between Web Media facilities and such carrier's services.
b.) If the router packet loss is in excess of fifty percent (50%) and is sustained for one hundred and twenty (120) seconds or more, Web Media will classify this as an “outage.” If an “outage” continues for a time period of more than four (4) minutes, then such outage will be deemed Downtime. If the latency across the Web Media IP network exceeds one hundred twenty (120) milliseconds, Web Media will classify this as Downtime.
c.) a fault in the Customers hardware and/or software will not be classified as Downtime.
d.) Due to the nature of the internet and the service offered, DoS (Deinal of Service) and DDoS (Distributed Denial of Service) attacks are not classified as Downtime.

2.2 Maintenance. In order to maintain and upgrade the Web Media network and infrastructure, Web Media performs scheduled maintenance on its equipment. Outages or performance degradation during scheduled and emergency maintenance as a result of router, switch or server maintenance, are not considered Downtime for purposes of this section. Web Media shall make all commercially reasonable efforts to provide the Customer with reasonable prior notification of all scheduled and emergency maintenance procedures.

2.4 Accounts. In the event that your account with Web Media remains unpaid for a period of seven (7) days or more, Downtime will not be calculated for the past and current calendar month.

2.3 Investigation of Service Interruptions . At Customer's request, Web Media will investigate any report of Downtime, and attempt to remedy any Downtime expeditiously. If Web Media reasonably determines that all facilities, systems and equipment furnished by Web Media are functioning properly, and that Downtime arose from some other cause, Web Media can continue to investigate the Downtime at Customer request and expense.

3.In the event of network downtime in excess as describe in section 2 Web Media will at the Customer's request, credit the Customer's account at a ratio of 1.2% of each 1% downtime providing this request is made within seven (7) days of the post calendar month.

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Web Media Pty Ltd All Rights Reserved 2005 © ABN : 43094207888 - ACN : 094207888
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