1. Coverage and Terminology 
    This Service Level Agreement (SLA) applies to the customer or party or parties (“You”, “Your” ) who hold a current account with any of the Web Hosting, VPS & Reseller (the “Services” ) services from Verbazend and your account is current (i.e., not past due) with Verbazend. As used herein, the term “Web Site Availability” 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 Verbazend.
  2. Technical Support
    Verbazend will provide You with technical support for setup of your account, access basic site set and other related issues at no additional charge. Verbazend will not provide development-related support for web applications, scripts or components from third parties, scripts of installable applications from WHM Software install scripts, or those developed by You unless You currently have a Development Contract or Application Support Contract with Verbazend.
  3. Business Hours:
    • Ticket Support is available 24 hours a day [Excluding Public Holidays].
    • Phone support is available Monday to Friday from 8am to 8pm AEST and Saturday & Sunday 9am to 5pm AEST [Excluding Public Holidays].
    • Verbazend′s target response time to technical support requests is less than one hour. The response time depends on the complexity of the enquiry and current support request volumes.

    Non-Business Hours:

    • Ticket Support is available 24 hours a day [Excluding Public Holidays].
    • Phone support: Verbazend has on call technicians to respond to critical issues. This can be accessed by Option 2, followed by Option 0, on the support phone number.
    • Phone calls for subscriptions without Verbazend “extended support” management services will be charged at $99 + GST per hour (minimum 1 hour).
    • Please note that any calls outside of business hours for all Non-Critical issues, including subscriptions that have “extended support”, may incur a fee of $99 +GST per hour (minimum is one hour charge) and will be added to your next invoice.
  4. Service Level
    1. Objective:
      Verbazend aims to achieve 100% Web Site Availability for all customers.
    2. Remedy:
      Except under the conditions mentioned in the next section below, if the Web Site Availability of customer’s Web site is less than 100%, Verbazend will issue a credit to You according to the table available on the Uptime Gurantee page
      The credit will be calculated based on the monthly service charge for the affected Services.
  5. Maintenance Procedure
    1. Verbazend will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer via Email and the Scheduled Maintenance Page.
    2. Verbazend 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.
  6. Conditions 
    Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

    1. circumstances beyond Verbazend hosting’s 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, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, hosting platform, management systems, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
    2. failure of access circuits to the Verbazend′s Network or it’s upstream providers, unless such failure is caused solely by Verbazend;
    3. scheduled maintenance and emergency maintenance and upgrades;
    4. DNS issues outside the direct control of Verbazend;
    5. issues with FTP, POP, IMAP, or SMTP customer access;
    6. false SLA breaches reported as a result of outages or errors of any Verbazend′s measurement system;
    7. 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, etc), any negligence, wilful misconduct, or use of the Services in breach of Verbazend′s Terms of Service and Acceptable Use Policy;
    8. e-mail or webmail delivery and transmission;
    9. DNS (Domain Name Server) Propagation.
    10. outages elsewhere on the Internet that hinder access to your account. Verbazend is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Verbazend will guarantee only those areas considered under the control of Verbazend : Verbazend server links to the Internet, and Verbazend′s servers.
    11. Please note: Server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond Verbazend′s control including, but not limited to DoS attacks or other forms of intrusion are excluded from the uptime/downtime calculations.
    12. To guarantee optimal performance of the hosting infrastructure, it is necessary for Verbazend to perform routine maintenance on the servers. Such maintenance often requires taking Verbazend web and email servers off-line, typically performed during off-peak hours. Verbazend will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Verbazend reserves one hour of Service unavailability per month for maintenance purposes. Such unavailability is not included in the Service Availability calculation.
  7. Credit Request and Payment Procedures 
    To receive a refund based upon SLA performance, send an email or written refund request to the Accounts Department. You must provide your Account ID and all dates and times of server or network unavailability. REFUND REQUESTS MUST BE RECEIVED BY THE ACCOUNTS DEPARTMENT WITHIN THIRTY DAYS OF THE END OF THE MONTH FOR WHICH YOU ARE REQUESTING A REFUND. If the unavailability is confirmed by Verbazend, credits will be applied within two billing cycles after Verbazend′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 Verbazend and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer’s Web site.

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

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