QSLA (Quality Service Level Agreement)

This Aussie Interconnect Service Level Agreement (“SLA”) applies to all dedicated servers. Client agrees that Aussie Interconnect internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify Aussie Interconnect and Aussie Interconnect and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits. This SLA may be amended at any time by Aussie Interconnect.

1. Definitions.

1.1. Full Managed Services (“Full Managed Services”) is defined as security audits, application and software updates, user management, and software installs on the dedicated server to be performed by Aussie Interconnect for the client. Aussie Interconnect will maintain the server and provide monthly System Administration to the server. Special requests for Administration on the server will be completed within 24 hours of request and be made by the client or authorized agent working for the client. All services performed on the dedicated server are subject to $65.00 an hour labour fee. Full Managed Service do not allow root or administrator access to the server.

1.1.1 Managed Services (“Managed Services”) is defined as a monthly system overview by a System Administrator. Aussie Interconnect will perform a set of performed checks, audits, and reports on the server and provide monthly e-mail regarding your server. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, application patches, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable. Aussie Interconnect agrees to provide Client with notification during monthly report on what items are "free of charge" and what items are "billable". To participate in Managed Services Client agrees to maintain an updated username and password with FULL rights to the server.

1.1.2 Unmanaged Services (“Unmanaged Services”) is defined as servers that are rented to Clients. Aussie Interconnect performs no maintenance, security checks, and user management for the client. Aussie Interconnect will perform system administration on a per incident basis. All services performed on the server come without warranty or guarantee. All service performed on the dedicated server are subject to a $65.00 an hour labour fee.

1.1.3 Co-Location Services ("Co-Location Services") is defined as servers that are property of the Clients with rackspace, bandwidth, and Ethernet ports which are rented on a monthly basis. All services performed on the server come without warranty or guarantee. Client is responsible for supplying replacement parts, hot swappable hardware and software media. All services performed on the Clients servers are subject to a $65.00 an hour labour fee. Clients that use Aussie Interconnect have an option to participate in Managed Services. This is subject to the approval of a Aussie Interconnect Administrator and an additional monthly fee.

1.2. Aussie Interconnect Network (“Aussie Interconnect Network”) is defined as the equipment, software and facilities within Aussie Interconnect network segment, including Aussie Interconnect contracted ISP service to which Aussie Interconnect network segment is connected, collectively used by Aussie Interconnect to provide the service.

1.3. Service Availability (“Service Availability”) is the total time in a calendar month that the Aussie Interconnect is available through the Internet, provided that Client has established connectivity. Aussie Interconnect takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The Aussie Interconnect Network will be available to clients free of Network Outages for 100% of the time, exclusive of server reboots.

1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.3 above that is determined to have been caused by a problem in Aussie Interconnect Network as confirmed by Aussie Interconnect. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. Aussie Interconnect provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of Aussie Interconnect

1.5. Scheduled Service Downtime (“Scheduled Service Downtime”) is any Aussie Interconnect interruption of Managed Services. Scheduled Service Downtime occurs during Aussie Interconnect standard server maintenance window, which occurs with a 24 hour notice to the Client via e-mail.

1.6. Performance Credit (“Performance Credit”) occurs when 100% network uptime is not met. Aussie Interconnect will refund 50% of your monthly fee for a network service outage equal to or greater than 60 continuous minutes. After an additional 60 minutes, we will refund another 50%, for a total of 100% of your monthly fee. To receive your credit for a qualified network service outage you must open a ticket with our support department during the downtime. The following information must be included in your email: Company Name, Account Number, Daytime Contact information and Date/Time of outage. Requests for credit following any service outage will not be granted nor will any credit be issued without a prior ticket having been opened. NO EXCEPTIONS.

1.7 Monitoring Service (“Monitoring Service”) is the service Aussie Interconnect provides and monitors TCP/IP based ports and applications through its internal monitoring service. To participate in this, Aussie Interconnect must have valid system administrator access to repair the server in the event of a service/daemon failure.

1.8 Optional Billable System Administration ("Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the Operating System or software installed on the server beyond default configuration. Support provided to the client that requires Aussie Interconnect to login to the server can be considered Billable System Administration. Fees for this service are billed out at a $65.00 minimum charge with hourly rates of $65.00/HR if required.

2. Service Downtime Performance Credit.

2.1. In the event of Service Downtime in which monthly Service Availability is less than 100%, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions.

3.1. This SLA does not cover Service Downtime caused by problems in the following:

3,1.1. Client’s local area network.

3.1.2. Client-provided Internet connectivity or end-user software.

3.1.3. Anything inside Client’s internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

4. Service Downtime Exclusions.

4.1. The following are excluded from the monthly calculation of Service Availability:

4.1.1. Any utilized Scheduled Service Downtime.

4.1.2. Any problems outside Aussie Interconnect Network.

4.1.3. Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:

4.1.3.1. Server reboots.

4.1.3.2. Non-compliant use of any software installed on the server.

4.1.3.3. Client initiated server over-utilization.

4.1.3.4. Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

5. Billable System Administration which is defined in section 1.8 includes the following.

5.0.1 System Administration of the clients server.

5.0.2 Software installations performed by Aussie Interconnect

5.0.3 Virus and Security Scans of the server.

5.0.4 Configuration of the Operating System, web Server, and custom software installed on the server.

5.0.5 Security Audit and reports of the server.

5.0.6 Patches, Upgrades, and Service Pack installations.