Service Level Agreement

This Service Level Agreement (“Terms”, “Service” “Agreement”) are an agreement between Root Layer Technologies (“Root Layer Technologies”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms of service for your use of the rootlayertechnologies.com.au website and any of its products or services (collectively, “Website” or “Services”).

This Service Level Agreement (“SLA”) describes the activities undertaken by Root Layer Technologies our Network and System Administrators and by you.

Capitalised terms used in this Agreement “SLA” and not otherwise defined herein shall have the meaning in the Agreement.

Application of Root Layer Technologies SLA

The Root Layer Technologies, Service Level Agreement (“SLA”) provides “you” the “customer” with certain rights, responsibilities and remedies regarding the performance of Root Layer Technologies and the Service(s) (as defined below). Use of Root Layer Technologies service(s) constitutes acceptance and agreement to the Root Layer Technologies “AUP” (Acceptable Usage Policy) as well as Root Layer Technologies and our Terms of Service Agreement (Terms of Service) available at https://www.rootlayertechnologies.com.au/legal.

Definitions

For purposes of these Root Layer Technologies’ Service Level Agreement, the following terms have the meanings set forth below:

* “Base Monthly Service Fee” consists solely of the base monthly fee paid by Customer for the affected Service(s) and excludes all other fees which might be charged to the customer, including, by way of example and not limitation to, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under standard rates, hourly support, and other types of optional additional services.

* “Base Quarterly Service Fee” consists solely of the base quarterly fee paid by Customer for the affected Service(s) and excludes all other fees which might be charged to the customer, including, by way of example and not limitation to, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under standard rates, hourly support, and other types of optional additional services.

* “Base Semi-Annually Service Fee” consists solely of the base semi-annually fee paid by Customer for the affected Service(s) and excludes all other fees which might be charged to the customer, including, by way of example and not limitation to, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under standard rates, hourly support, and other types of optional additional services.

* “Base Yearly Service Fee” consists solely of the base yearly fee paid by Customer for the affected Service(s) and excludes all other fees which might be charged to the Customer, including, by way of example and not limitation to, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under standard rates, hourly support, and other types of optional additional services.

* “Base Biennially Service Fee” consists solely of the base biennially fee paid by Customer for the affected Service(s) and excludes all other fees which might be charged to the customer, including, by way of example and not limitation to, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under standard rates, hourly support, and other types of optional additional services.

* “Base Triennially Service Fee” consists solely of the base triennially fee paid by Customer for the affected Service(s) and excludes all other fees which might be charged to the customer, including, by way of example and not limitation to, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under standard rates, hourly support, and other types of optional additional services.

Summary of Root Layer Technologies’ SLA

As described in more detail below, this Service Level Agreement provides commitments based upon the goals in the following key areas.

Service Availability SLA

Due to our extensive network infrastructure, Root Layer Technologies can provide its customers with a 99% Network Uptime Guarantee. In the event that any service does not experience 99% uptime in any given billing period, Root Layer Technologies will credit the customer 2% of their base monthly service fee for the first hour of downtime (“where the service is unreachable via a steady “ping” by the Network Operations Centre”) and subsequently an additional 2% for each hour of downtime thereafter with a maximum of a 15% refund of the monthly service fee. Any scheduled or unscheduled emergency downtime that is undertaken by Root Layer Technologies will not apply towards this downtime calculation, nor to the total credit calculation. This guarantee applies to Root Layer Technologies’ network uptime and not to any hardware, software or services running on a customer’s Server(s).

Coverage

This Service Level Agreement (“SLA”) applies to the customer who holds an account with any of the hosting services offered by “us” where the monthly billing for each and any individual hosting service is over $50.00 / month. Your account must be current and paid-up to date. Accounts with overdue or late payments are not covered by the (“SLA”) until all dues have been remitted.

Scheduled works and outages

Any scheduled outages and notified urgent maintenance will not be included in the total up-time calculation for the month. From time to time upgrades to hardware and/or software may be required. Where possible such upgrades will be performed outside of business hours and Customers will be notified as far as practicable in advance of such upgrades taking place. Where practical, consideration will be given to Customers’ input as to preferred times for scheduled outages to take place.

All scheduled outages will be posted on the Root Layer Technologies news feed and sent to the Network Operations Centre (@RootLayerNoc) Twitter Feed. The post will include the scheduled date of the outage, the service or platform the outage will affect, the reason for the outage, and the scheduled commencement time and the estimated finish time of the outage.

From time to time urgent maintenance will be required to a physical device providing service(s) to a customer and in this case, the customer will be emailed, and this SLA may be suspended from being applicable to the customer’s service(s) until the urgent maintenance is completed.

Ticket Response Time – SLA

Root Layer Technologies’ customers are covered by our twenty-four, seven technical support service which includes “tickets, live chat, phone support and email” with access to our “Emergency SMS service line”. All support requests are handled by “Sophie” the Root Layer Technologies virtual assistant. Sophie routes all tickets to the correct department/team to ensure that you get the best support possible.

This agreement sets out the minimum level of service that Root Layer Technologies is required to meet and the corresponding penalties and compensation to the customer for not meeting such levels. Our objective is to provide a continuously operating service that is well beyond the minimum levels specified.

Support Management and Ticket Handling

As a Customer of Root Layer Technologies you understand and accept that all support requests are handled by Sophie, Sophie is the My Australian Networks Virtual Assistant. My Australian Networks and the My Australian Portal is where all customers can access support, make purchases, request new quotes and more. Root Layer Technologies processes all client relationship management through the My Australian Portal, as a customer of Root Layer Technologies your support requestions, questions and orders are processed by My Australian Networks.

Response timing

Once a ticket has been opened and assigned to the correct team, our target response time to all non-emergent technical support enquires (“Ticket and Email”) is within twenty-four hours (24) hours of submission. Response times vary dependant upon the complexity of the request from “the client”. We urge all customers with requests requiring immediate attention to contact our Australian twenty-four, seven support team:

Australian Technical Support Hotline: (07) 3810 2562

Network Operations Centre: (07) 3810 2563

Network operations centre

By contacting the Network Operations Centre (NOC), customers agree that they may incur a non-urgent service fee of one-hundred and fifty dollars (“$150.00”) for non-urgent support at the discretion of the NOC. For all non-urgent support contact via the NOC an hourly misuse service fee will apply at a rate of one hundred thirty dollars (“$130.00”) per thirty minutes to a maximum of one thousand dollars (“$1000.00”) non-urgent misuse of service fees are applied to the “customers” next invoice or directly to their account.

Department response times

Ticket response times will vary depending upon the department they are opened with and/or sent to. Accounts and Billing tickets will only be responded to Monday – Friday during business hours. Our Technical Support and Network Operations Centre will respond to all tickets twenty-four hours a day, seven days a week, three hundred and sixty-five days a year. Tickets opened to the Abuse department can take up to seven business days for a response, depending on the nature of the ticket and report. Tickets to the domains team fall into the “technical support” and will gain the same response times. All other ticket departments may have up to a one-two day response time.

Live chat/digital response team

Live chat is available for all Root Layer Technologies customers twenty-four hours a day, seven days a week, three hundred and sixty-five days a year. The live chat sales team typically responds within thirty-minutes of a chat request been initiated after-hours and within minutes of a request during standard business hours, the 24/7 Root Layer Technologies Support Team will typically respond within minutes of a chat been started and may take a few minutes during the after-hours period.

The live chat and digital response team may ask you for your support pin number, to verify your identity before commencing a chat, responding to you via social media to ensure they are speaking with an authorised person or the account holder. Your support pin can be located from within your MyAusPortal at https://www.myausportal.com as can be seen in the below example, note that you will need to unhide your Support Pin before been able to view it.

If the live chat and digital response team are unable to verify your identity using your “support pin”, we reserve the right to refuse service/support to you via digital response including (“Live Chat, Twitter, Facebook and any other source of digital/social support offered by Root Layer Technologies”). If we are not able to verify you with the support pin, we may ask for three points of ID including address, email and full name as it appears on your customer info board inside the MyAusPortal.

If we are still unable to verify you, we reserve the right to (“lockdown”) your account to ensure the privacy and security of your service and personally identifiable information. We would then require you to phone our support/accounts team to lift this restriction.

Your six-digit support pin can be changed at any time by logging into your MyAusPortal and clicking the “Generate New Pin” option, below your current support pin number, as can be seen in the below example.

Phone support service

Root Layer Technologies provides a twenty-four, seven phone support hotline to ensure customers have complete access to support at any time of the day or night, regardless of the issue they may be facing.

When contacting the phone support team, we will ask for your support pin or three points of valid ID or we may ask for three points of ID and your support pin.

Phone support may ask to remote in to your computer or may need to access your cPanel, VPS, Dedicated Server or Collocated service. By providing your support pin, and or three points of ID you authorise the representative to access any of your services to provide you support. Once finished the representative will log out of any service they may have accessed.

Emergency SMS service

Emergency SMS Service is strictly for (“Business”) customers that have a Root Layer Technologies managed service and is also available to all customers with an active “managed support service plan”, it provides an extra means of communication between Root Layer Technologies and the Customer.

Emergency SMS service response times

The SMS response times may vary and are handled by the digital response team. The digital response will acknowledge the SMS has been received and will triage and prioritise responses based on the nature of the request.

Hardware replacement SLA

Root Layer Technologies guarantees that in the event of a dedicated server affected by hardware failure, the faulty hardware will be replaced within 1 Hour of identifying the problem. In the event that this guarantee is not met, Root Layer Technologies will issue a credit for 2 x the actual amount of additional downtime (Credits are limited to a maximum of one-month credit).

This guarantee does not include the time it takes to perform additional software related maintenance or additional check to ensure that the work carried out meets the Root Layer Technologies network hardware standards, this includes but is not limited to:

a) Rebuilding web accounts from backups
b) Cloning hard drives
c) Reloading the operating system
d) Reloading and configuring applications
e) Rebuilding RAID arrays

Network SLA exclusions

There are many possible situations that are completely beyond the control of Root Layer Technologies, and therefore are not in the scope of this Service Level Agreement. These situations can include:

a) Scheduled mainteance

Root Layer Technologies from time to time undertakes scheduled maintenance to ensure the continued stability of our network and infrastructure, the time it takes and the ability for us to perform maintenance on the network may vary (This SLA is suspended during scheduled maintenance windows). When these events are to occur, Root Layer Technologies will as much advance possible notification to “you” via email (to the registered user that receives “General and Support” email notifications listed in your MyAusPortal).

b) Hardware maintenance

On occasions, the hardware inside of your Dedicated Server may need servicing and maintenance or replacement to ensure ongoing reliability of service. Root Layer Technologies will do everything possible to minimise any impact and downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our service availability SLA.

c) Software maintenance

An essential part of managing a dedicated server is keeping the software up to date. If you choose to have Root Layer Technologies manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations. Any downtime as a result of this maintenance will not be counted toward our service availability SLA.

d) Malicious attacks

If a third party not associated with Root Layer Technologies initiates a DDoS “Direct Denial of Service” or other form of network disabling attack against your hosting or major portions of the Root Layer Technologies core network infrastructure, Root Layer Technologies will do everything in its power to stop or mitigate the attack but cannot guarantee a resolution time. Any downtime as a result of a Malicious attacks for an unmanaged server will not be covered by our service availability SLA.

e) Legal actions

In the case that legal action is taken against a customer of Root Layer Technologies and Root Layer Technologies is required by law to act in accordance with the order, Root Layer Technologies shall not be responsible for any SLA impact. When a customer is been investigated under the term “Legal Actions” we reserve the right under our Terms of Service, Service Level Agreement and Acceptable Usage Policy to suspend and or prevent access to the affected service and will grant immediate access to any service if required by law.

f) cPanel Issues

If you choose to run cPanel and Web Host Manager (cPanel/WHM) on your Dedicated Server or Virtual Private Server, the default install will be configured for automatic updates of your cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on your server. Root Layer Technologies will do whatever is necessary to fix any cPanel related problems but cannot guarantee a resolution time. Any downtime as a result of a Malicious attacks for an unmanaged server will not be covered by our service availability SLA.

SLA request

In the event that Root Layer Technologies does not meet this SLA hosting clients will be eligible to request compensation for any downtime. If Root Layer Technologies is or is not directly responsible for causing the downtime, the customer will receive a credit for (2% of their base monthly fee) of the actual downtime incurred.

Root Layer Technologies will credit the customer 2% of their base monthly service fee for the first hour of downtime (“where the service is unreachable via a steady “ping” by the Network Operations Centre”) and subsequently an additional 2% for each hour of downtime thereafter with a maximum of a 24% refund of the monthly service fee.

How to claim SLA credit

All requests for compensation must be received by the Root Layer Technologies Accounts and Billing team within 5 business days of the incident in question. The amount of compensation may not exceed more than 24% of the customer’s monthly service fee. This SLA does not apply for any month that the customer has been in breach of Root Layer Technologies Terms of Service or if the account is in default of payment.

Account credits will only be issued when an “SLA” credit request is made by the customer. All requests for SLA credits must be made within 5 business days of the incident taking place. All requests for SLA credits must be made by creating/opening a ticket with the Root Layer Technologies Accounts and Billing team via the customers MyAusPortal at https://www.myausportal.com.au.

Dispute and resolution handling

If at any time any aspect of the service is not reasonably acceptable to the customer or we disagree on the quality, substance, or disagree for any reason on the service, you agree to notify Root Layer Technologies in the form of written notification the reason, specifics and will give, Root Layer Technologies a reasonable amount of time (“Grace Period”) to respond or to rectify the issue. If after this Grace Period You are not satisfied with the results or we agree to stop the service, you can request us to stop work, and all payments outstanding for service become immediately due and payable on a pro-rata basis.

In the event that any dispute cannot be resolved amicably between the two parties, both the customer and Root Layer Technologies agrees to obtain their own independent professional arbitrator/dispute resolution specialist to decide on the unresolved conflict, with each party agreeing to pay their own legal fees associated with coming to a mutual agreement to resolve the conflict.

Viloation of this service level agreement

Breach of the Acceptable Usage Policy to take advantage of this Service Level Agreement by the “customer” may result with immediate action undertaken by Root Layer Technologies in the form of suspending or terminating your service in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where services are being used unlawfully or not in accordance with our Acceptable Usage Policy.

No credit will be available under the Root Layer Technologies’ Service Level Agreement for interruptions to any service in accordance with a violation of this Service Level Agreement, Acceptable Usage Policy, Terms of Use, Terms of Service or any other legal agreement between Root Layer Technologies and the customer.

How to report a problem

Root Layer Technologies technicians are available 24 hours day. There are a number of ways to reach us, including phone support, online help desk, self-service, SMS, and e-mail as well as Live Chat.

Contact us

If you have any questions about this Agreement, please contact us.

Phone: (07) 3180 2560
Email: [email protected]

This document was last updated on February 6, 2019