Service Level Agreement (SLA)

• Acceptance of Service Level Agreement. You agree to the terms outlined in this service level agreement herein referred to as: ("SLA", "Agreement") with respect to our site and services herein referred to as: ("Site", "Services", "Products"). This Agreement constitutes the entire and only agreement between us, hereinafter ("We" ,"Our", "Us", "Luminous Hosting", "Service Provider") and you, hereinafter ("Customer", "Client", "You", "Your"), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and all Products or Services provided by, or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site and Services.

  The customer now agrees with the following conditions:

• Uptime Guarantee. In line with this Service Level Agreement we aim to provide a 99.9% server uptime on all shared and reseller accounts. Failure to provide the agreed service may entitle you to receive a pro-rated refund up to or equal of one month of service.

  Network downtime does not include planned maintenance. Approval of the credit is at the discretion of Luminous Hosting dependant upon justification provided. The uptime of a server is defined as the reported uptime by the server's operating system. To request a credit, you must submit a support ticket by logging into your account and clicking on "Open a Ticket".

• Exceptions.

  We do not issue credits under this SLA either direct or in association with the providers network for the following:

  1. Your ISP network cannot access the server (often it is a network issue not the server down)

  2. Backbone peering point issues (ie...routers going down which results in entire regions being offline)

  3. IP access point issues arrising from steps taken by you which result in server restrictions or permanent bans being put in place and locking you out of your hosting account.

  4. Situations and Circumstances beyond reasonable control, including, without limitation,"Acts of God" (ie...fire, flood, earthquake, , etc...), acts of any governmental body, war, hostile bombing, acts in relation to or in association with terrorism, insurrection, sabotage, embargo, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, third party software system failure, or power used in or equipment needed for provision of the Service Level Agreement.

  5. Hacking, flooding, or attack attempts on the network by malicious parties, organisations and/or individuals.

  6. Outages related to Telco providers and line system failures.

• Hardware Failure. Hardware failure is a rare occurence although one that cannot be planned for and avoided completely. In the event of hardware faults which result in excessive server downtime and speed issues, the offending equipment will be replaced within 48 hours of the fault being identified. Hardware failure resulting in complete network/server outage/downtime will be corrected within eight hours from the time of problem identification. Luminous Hosting excludes router failure from the SLA.

• Credits/Refunds If you are submitting a refund request inline with our 99.9% uptime service level agreement, the request must be submitted within 72 hours of the incident happening and lodged within our ticketing system located at http://luminoushosting.com.au/myaccount/support.php. Otherwise the request will be void.