Domestic Hosting Services

Definitions

1.1. “CloudLinux” means server-side software that monitors resources to ensure operation within set limits.

1.2. “Monthly Downtime” is calculated over a 31 day month.

1.3. “Partner Service” means the relationship between Web Hosting People staff and the Partner, with the purpose of assisting the Partner with a question they have asked.

1.4. “Partner”, “Reseller” or means the person or entity who ordered our services.

1.5. “Service”, "Service(s)" or "Services" means any product(s) or service(s) the Partner has signed up to use. This can include, but is not limited to, any Legacy Services, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, VPS and SMS services. These product(s) and service(s) are identified in full within the Web Hosting People management system. Additionally, the specific details of the Services can be found within the Web Hosting People management system.

1.6. “SLA” means Service Level Agreement (this agreement).

1.7. “Web Hosting People”, "WHP" or “Company” means Web Hosting People of Victoria, Australia.

1.8. “Web Hosting People Management System” refers to Web Hosting People’s partner account, billing and management portal, available online at https://webhostingpeople.com.au

1.9. “Support Ticket” refers to a secure electronic message sent by the Partner to Web Hosting People via the Web Hosting People management system for assistance or for any questions they may have with any Service(s).

1.10. “Website Availability" means the percentage of time in a calendar month that the Service was available for access by third parties by HTTP (port 80) and/or HTTPS (port 443), as determined by Web Hosting People's internal and external monitoring.

2. Our Goal

2.1. Web Hosting People’s goal is to achieve 100% Web Site Availability for all Partners.

2.2. Web Hosting People maintains a fully redundant network, utilises enterprise grade Dell hardware, RAID disk mirroring and a variety of other technical implementations to achieve uptime goals.

3. Remedy

3.1. Subject to Sections 4 and 5 below, Web Hosting People will issue an account credit to the Partner if the Web Site Availability of the Service is less than 100%, based on the following:

a. For any Custom cPanel shared web hosting Service(s) created 2 May 2018 onwards

Website Availability	Monthly Downtime	Credit Percentage
100% to 99.9%	Up to 44 minutes	0%
99.9% to 98%	Between 44 minutes and 14 hours 52 minutes	15%
98% to 95%	Between 14 hours 53 minutes and 37 hours 12 minutes	30%
95 to 90%	Between 37 hours 13 minutes and 74 hours 24 minutes	65%
Less than 90%	More than 74 hours 25 minutes	100%

b. For EW or BW cPanel shared web hosting Service(s)

Website Availability	Monthly Downtime	Credit Percentage
100% to 99.9%	Up to 3 hours 43 minutes	0%
99.9% to 98%	Between 3 hours 44 minutes and 14 hours and 52 minutes	15%
98% to 95%	Between 14 hours and 53 minutes and 37 hours and 12 minutes	30%
95 to 90%	Between 37 hours and 13 minutes and 74 hours and 24 minutes	65%
Less than 90%	More than 74 hours 25 minutes	100%

c. Unless specified, all other Service(s) do not offer any credit percentage for website availability that is less than 100%.

3.2. The credit amount will be calculated on the monthly Service fee minus any discounts which have been applied.

3.3. The Partner will be notified by Web Hosting People by email in the event of a credit being available, which must be claimed by the Partner opening a support ticket via the Web Hosting People management system.

4. Exceptions

4.1. The Partner will not be entitled to any remedy under this SLA if the Web Site Availability is reduced or impaired due to any exception named in this section of the agreement.

4.2. Circumstances beyond Web Hosting People’s reasonable control, including but not limited to, 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, Denial of Service attacks, or failure of third party software (including but not limited to cPanel, Installatron, RVSiteBuilder, Web Hosting People management system, ecommerce software, payment gateways, statistics or free scripts).

4.3. Scheduled maintenance or upgrades and emergency maintenance or upgrades as per Section 5 of this agreement.

4.4. DNS propagation issues outside the direct control of Web Hosting People.

4.5. Issues with FTP, POP3, IMAP, SMTP, SSH, cPanel or Webmail.

4.6. SLA breaches reported by third party monitoring services belonging to the Partner.

4.7. Partner’s acts or omissions (or acts or omissions of others engaged or authorised by Partner), including but not limited to, custom scripting or coding (CGI, Perl, HTML, PHP, etc), any negligence, wilful misconduct, or use of the Service in breach of Web Hosting People Terms of Service and Acceptable Use Policy.

4.8. CloudLinux making the Service unavailable due to excessive resource consumption.

4.9. Email or webmail delivery and transmission.

4.10. Outages elsewhere on the internet, DNS caching, browser caching, or any other reason that hinders access to your Service while others can still access it.

5. Maintenance

5.1. Web Hosting People will perform scheduled maintenance at a time which is deemed suitable by Synergy Wholesale, and should it require any Service(s) to be offline for greater than thirty (30) minutes, Synergy Wholesale will post details of the scheduled maintenance at least two (2) days prior. These periods are not included in the website availability calculations.

5.2. Unscheduled maintenance will be performed as required by Web Hosting People, and should any Service(s) be offline for greater than thirty (30) minutes, Web Hosting People will post details of the maintenance and any updates until it has been completed. These periods are not included in the website availability calculations.

6. Acceptance

6.1. The Partner signified acceptance of this Service Level Agreement upon signing up to Web Hosting People, and their account was created within the Web Hosting People management system.

7. Changes

7.1. Web Hosting People may amend our Service Level Agreement at any time. Changes to this agreement will become effective upon their publication to our website.

7.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Web Hosting People account.

If you have any questions about this agreement please contact our Customer Care team via email at info@webhostingpeople.com.au

International Hosting Services

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage.

All use of hosting space provided by Web Hosting People is subject to the terms of this Agreement and the Acceptable Use Policy.

Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Web Hosting People expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Web Hosting People may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Web Hosting People's terms and conditions.

Bandwidth Usage.

Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

Uptime Guarantee.

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Web Hosting People and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact our Billing department by emailing info@webhostingpeople.com.au with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller Terms and Client Responsibility

1. Resellers shall ensure that each of their clients complies with this Agreement.
2. Resellers are responsible for supporting their clients. HostGator does not provide support to clients of HostGator's resellers. If a reseller's client contacts Web Hosting People, Web Hosting People reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
3. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Web Hosting People will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
4. Web Hosting People is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Web Hosting People from and against any and all claims made by any User arising from the reseller's acts or omissions.
5. Web Hosting People reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Web Hosting People.
6. Resellers in the Web Hosting People Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.