|Terms of Service|
Effective July 1, 2008
Velocity Host has developed this Service Level Agreement (SLA) to promote the reliability of our services, emphasise our commitment to providing the highest levels of network uptime and document our policies for compensating Clients where our services do not exceed the stated minimum performance levels as detailed in this SLA.
Your use of Velocity Host’s services constitutes your acceptance of this Policy.
Velocity Host reserves the right to modify this policy at any time.
1. Definitions In this document, unless the context requires otherwise:
Velocity Host, We, Our or Us refers to Velocity Host [ABN 17 396 833 552] Customer, You or Your refers to the person or legal entity using the service provided by Velocity Host, Service or Services refers to the provision of internet presence services supplied by Velocity Host to the Customer, including, but not limited to web hosting, email, dedicated, colocation and all associated services.
2. Services Covered by this SLA
2.1 This SLA only applies to selected Velocity Host services, as defined in the following table:
3. 99.50% Uptime Guarantee
3.1 In the event of Downtime as defined below, Velocity Host will, at the Customer’s request, credit the Customer’s account in accordance with the table below:
SLA % Band Equivalent Hours Per Month Monthly Fee Rebate %
4. Downtime & Service Outages
4.1 An outage refers to any interruption of services covered under this Service Level Agreement, where the content of Customers service is unavailable for access via HTTP and/or HTTPS, as measured by Velocity Host.
4.2 Where an outage continues for a period of more than 5 minutes, then such outage will be deemed Downtime.
4.3 Where Velocity Host determines the outage is related to faulty hardware, downtime is calculated from when Velocity Host has acknowledged the fault is due to hardware failure to when Velocity Host either replaces the faulty components or provisions a new server and powers the server on. Time taken to reload software, rebuild RAID arrays and/or assist Customer with restoration of backups is excluded for the purpose of calculating downtime.
4.4 Unless expressly stated to the contrary, the following do not constitute outages or downtime as defined above and no credit will be due to the Customer for downtime calculated where:
4.4.1 The problems relate solely to FTP, POP, IMAP, SMTP and/or Web mail;
4.4.2 Scheduled or emergency maintenance is performed and that maintenance is advised via email to the Customer prior to the maintenance being performed;
4.4.3 Any failure or delay that is due in whole or in part to circumstances beyond the reasonable control of Velocity Host, 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, upstream provider(s) or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Services;
4.4.4 DNS issues occur outside the direct control of Velocity Host, including but not limited to, DNS propagation;
4.4.5 Downtime results from any act or omission of the customer (or their authorised agent), including without limitation, custom scripting or coding (e.g. CGI, Perl, HTML, ASP, etc), negligence, wilful misconduct, or use of the Services in breach of Velocity Host’s Terms and Conditions of Use and Acceptable Use Policy;
4.4.6 Email or webmail delivery and transmission;
4.4.7 Outages elsewhere on the Internet hinder access to your account.
5. Customer Claims Process
5.1 In order to receive a credit, Customer must make a formal request by emailing
5.2 The total amount credited to a Customer in a particular month under this Agreement shall not exceed the total recurring monthly contract fee for dedicated servers paid by Customer. Excess data fees, management package fees and additional products/services fees are excluded from all calculations for credits.
6. Investigation of Service interruptions
6.1 At Customer’s request, Velocity Host will investigate any report of Downtime, and attempt to remedy any Downtime expeditiously. If Velocity Host reasonably determines that all services furnished by Velocity Host are functioning properly, and that Downtime arose from some other cause, Velocity Host can continue to investigate the Downtime at Customer written request and expense.
6.2 In the event that Customer disputes the amount of Downtime calculated by Velocity Host, Velocity Host will assign a technical support manager to review the system logs, Customer emails and any other relevant information, and provide Customer with details of this review. If there is still dispute following the provision to Customer of a detailed review, the onus rests with the Customer to provide evidence to the contrary. Velocity Host management reserve the right to assess any evidence provided by Customer and provide Customer with a final decision.
7. Modifications to SLA
7.1 Velocity Host reserves the right to modify this SLA at any time. All modifications will be posted on the Velocity Host website and shall take effect 14 days from publication.
8. Sole Remedy
8.1 The terms and conditions contained within this Service Level Agreement shall be the Customer’s sole remedy and Velocity Host’s sole obligation for any Downtime