1. Scope

This Service Level Agreement (the “SLA”) governs the use of all products and services delivered by Network Dynamics Pty Ltd (“Network Dynamics”). Network Dynamics may modify this policy at any time without notice and the current version of this policy will be available on the Network Dynamics website (networkdynamics.com.au) at all times.

2. Service Commitment

Network Dynamics is committed to providing services to its customers at a standard of excellence commensurate with the best practice within the IT hosting industry. Network Dynamics’ goal is to achieve an 100% service availability across all services provided to customers and uses a fully redundant network, enterprise grade switching, routing, firewall and server technology to best achieve this goal.

3. Support Requests

The customer is able to submit support requests by contacting Network Dynamics on the phone using telephone number 1300 768 249, via email (support@networkdynamics.com.au) or submitting a ticket via our customer portal. Customer support requests will be handled as soon as possible with priority being given to issues with a more critical severity rating and clients who are on a fixed-term contracted support agreement. Whilst not mandatory, the reporting of severity 1 and 2 incidents is preferred to be conducted over the phone to achieve the best response times from Network Dynamics staff.

4. Monitoring

Network Dynamics conducts internal monitoring of all core systems using multiple monitoring platforms. In the event of a services uptime being questioned for SLA based assurances, Network Dynamics monitoring platforms will determine the service uptime and the determination is final.

5. Service Performance

All services within our network are monitored 24/7 for potential performance issues. As a result, our service offering is generally of an extremely high standard. There are many factors which can impact on the performance of a given service – ie) software being used, excessive traffic or denial of service attacks, internet connection speeds, usage of a service in a way that it is not designed. As a result, service performance, speed or degradation issues are not covered by an SLA.

If you suspect a service related performance issue, please open a support ticket or send an email to support@networkdynamics.com.au so that we may investigate further.

6. Website hacking or defacement

Network Dynamics offers a “best effort” Incident report for website hacking or defacement. We do not guarantee to monitor for such issues, however we have employed security software to disable malicious code or files uploaded to your account to help protect against further hacking or defacement. If we detect and issue, we will contact you and provide information as to the suspected cause and best method of resolution.

As you are given the freedom to upload files to your account, you also have the freedom to unknowingly upload vulnerable or malicious files. Malicious files will be scanned and quarantined by our malware scanners, however there is no such scan for a vulnerable file.

Firewalls, brute force and intrusion detection methods are used on our servers, however it is your obligation to ensure that best practice security measures are followed ie) strong passwords, software kept up to date.

Should you discover a hacking or defacement related issue before we do, please open a support ticket or send an email to support@networkdynamics.com.au so that we may investigate further. After our investigations, we will issue an incident report outlining what has occurred and suggestions to help prevent it from reoccurring in the future.

7. Classification of Incidents

Classification of Incidents applies to core network and client services covered by a support contract and service schedule. It does not apply to shared hosting, issues at the application level or outside of our core network.

Classification of incidents is at the sole discretion of Network Dynamics.

8. Incident Reports

For downtime less than 45 minutes, our Status Page will indicate service availability and any updates for resolution. For downtime greater than 45 minutes, we will issue an incident report outlining the nature of the incident and steps taken to resolve and prevent repeat occurrences. Incident reports will be posted on https://status.networkdynamics.com

9. Service Level Availability

Core Infrastructure;

Network Dynamics provides a core infrastructure SLA of 99.99% for core network services. This includes our core switches, core routers and core firewall services. In the event Network Dynamics experiences core infrastructure downtime resulting in a breach of SLA, the following credits are available on request.

100% to 99.99% – Up to 4 mins – 0% Credit
99.99% to 99% – Between 4 mins and 7 hours 26 mins – 15% Credit
99% to 95% – Between 7 hours 27 mins and 37 hours 12 mins – 30% Credit
95% to 90% – Between 37 hours 13 mins and 74 hours 24 mins – 65% Credit
Less than 90% – More than 74 hours 25 mins – 100% Credit

This credit will not be applicable to any ‘add-on’ services associated with the product such as licenses and is only valid for the affected service(s).

Hosting Infrastructure;

Network Dynamics provides a hosting infrastructure SLA of 99.9% for hosting services. This includes our shared web hosting and virtual dedicated server products. In the event Network Dynamics experiences hosting infrastructure downtime resulting in a breach of SLA, the following credits are available on request.

100% to 99.9% – Up to 44 mins – 0% Credit
99.9% to 98% – Between 45 mins and 14 hours 52 mins – 15% Credit
98% to 95% – Between 14 hours 53 mins and 37 hours 12 mins – 30% Credit
95% to 90% – Between 37 hours 13 mins and 74 hours 24 mins – 65% Credit
Less than 90% – More than 74 hours 25 mins – 100% Credit

This credit will not be applicable to any ‘add-on’ services associated with the product such as licenses and is only valid for the affected service(s).

10 . Scheduled Maintenance

Network Dynamics maintains a weekly window between Thursday at 22:00 to 02:00 on a Friday morning in order to conduct maintenance related tasks. During this window, parts of Network Dynamics infrastructure may be unavailable for short periods of time. Scheduled and emergency maintenance is not included in availability or uptime calculations.

Network Dynamics will notify customers of any scheduled outage or downtime during this period with a minimum of 24 hours notification to the customer, but reserves the right to conduct hazardous work during this maintenance window without notification to the customer.

Emergency scheduled downtime may occur due to unforeseen events or security related incidents. Due to the nature of such emergency works, there may be minimal notice provided for such events. Network Dynamics will endeavour to provide as much notification as possible and try and minimise the occurrence of such events.

Notifications for scheduled or emergency maintenance will be posted on https://status.networkdynamics.com

11. Change Requests

Any requests for change must be delivered by an authorised customer representative of which can be maintained within our customer portal. Change requests will be completed during business hours and commenced within one business day of the initial lodgement of the change request in writing from the authorised customer representative.

12. Customer Credit

In the event that Network Dynamics experiences infrastructure or network downtime as a result of SLA breach then Network Dynamics will apply a credit to the customers’ account in an amount equal to the credits listed in the above tables.

Incidents are deemed to begin from the time the Customer lodges a fault ticket or phone call. All SLA credits must be requested via a support ticket or email to support@networkdynamics.com.au. SLA credit will not be available to clients who have overdue invoices on their account. SLA credit may not exceed monthly fee for any given service.

13. Exceptions

Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by:

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

b) Customer’s acts or omissions (or acts or omissions of others engaged or authorised by customer), including but not limited to, firewall blocks, custom scripting or coding (CGI, Perl, HTML, PHP, etc.), any negligence, wilful misconduct, or use of the Service in breach of Network Dynamics’ Terms of Service and Acceptable Use Policy.

c) DNS propagation issues outside the direct control of Network Dynamics.

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

e) Denial of Service attack, Distributed Denial of Service attack , hacker activity, or other malicious event or code targeted against Network Dynamics or a Network Dynamics Customer.

f) Failure of any Network, Power or Internet Infrastructure not owned or managed by Network Dynamics.

g) Circumstances beyond Network Dynamics’ reasonable control, including but not limited to, acts of any governmental body, war, insurrection, sabotage, theft, armed conflict, embargo, fire, flood, strike or other labor 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, CloudLinux, VMWare, Veeam, Network Dynamics Client Area, payment gateways, statistics or free scripts).