Service Level Agreement (SLA)

This SLA sets forth the terms of the service levels provided by Pty Ltd (ABN 76 619 930 826) (Peakhour) to an entity who has entered into an agreement with Peakhour (Client) for a Mission Critical Plan.

  1. Interpretation
    1. Unless the contrary intention appears, terms defined in the agreement between Peakhour and the Client (Agreement) have the meaning given there, and otherwise:
      Affected Visitor Ratio
      means, in respect of each Outage Period for a given Client Website, the proportion calculated as: (the Visitors affected by an Unscheduled Outage) / (total Visitors during an Outage Period)
      Client Downtime
      means any interruption to, or failure of, the Service as a result of:
      (i) a request by the Client; or
      (ii) a failure of the Client's software, hardware or Client Website, including any Client server
      Force Majeure
      means an event that is beyond the reasonable control of Peakhour, excluding: (a) an event to the extent that it could have been avoided by Peakhour taking reasonable steps or reasonable care; or
      (b) a lack of funds for any reason
      means each billing month that a Client is a licensee of the Service
      Outage Period
      means the duration (in seconds) of any Unscheduled Outage
      Scheduled Availability
      means, in respect of each Month, the duration (in seconds) of the period that Peakhour is required to provide the Services for in accordance with clause 2.1 of this SLA
      Service Credits
      means the credit as calculated in accordance with clause 3.1
      Scheduled Maintenance
      means an interruption to, or failure of, the Service that has been previously advised to the Client by Peakhour
      Unscheduled Outage
      means an interruption to, or failure of, the Service in breach of clause 2.1 of this SLA
      means, in respect of each Month, 99.95% of that Month
      means each web browser accessing the Client Website
  2. Service level
    1. Peakhour will ensure that the Service is available for the Uptime during each Month, provided that this will not apply during an event of Force Majeure, Client Downtime, Scheduled Maintenance or where the failure arises as a result of:
      1. the Client's hardware or software;
      2. the Client's misuse of the Service;
      3. the Client's failure to take any action reasonably requested by Peakhour; or
      4. the failure of any third party products and services, including third party rulesets, software libraries, blocklists, and ISP services (whether or not those third party products and services were chosen by Peakhour).
  3. Service Credits
    1. If there is an Unscheduled Outage in breach of clause 2.1 of this SLA, Peakhour will provide the Client with, and the Client's sole remedy will be, a Service Credit, calculated as follows:

      Service Credit = (Outage Period * Affected Visitor Ratio) / Scheduled Availability
    2. Subject to clause 3.3, Peakhour is not obliged to provide any Service Credit, unless:
      1. the Client notifies Peakhour in writing of any alleged Unscheduled Outage prior to the end of the Month after the Month in which the alleged Unscheduled Outage occurred; and
      2. Peakhour reasonably agrees that there has been an Unscheduled Outage.
    3. The maximum cumulative Service Credits Peakhour will award a Client in the previous 12 Months is 1 Month of the Client's total Fees.
  4. Information and estimates
    1. Peakhour will use information reasonably available to Peakhour, including historical analysis of Service data in order to:
      1. determine whether there has been an Unscheduled Outage; and
      2. estimate or calculate any amount or figure under this SLA, including Service Credits, Outage Periods and the Affected Visitor Ratio.
  5. Terms Of Payment
    1. Service Credits will be applied to the Client's account only as a credit against the subsequent tax invoice(s) payable by the Client. If Service Credits have accrued but not been fully applied as at the date this SLA terminates, then the Client's entitlement to the Service Credits will also terminate.
  6. Termination
    1. This SLA will automatically terminate if the Agreement terminates.