SERVICE LEVEL AGREEMENT, TERMS OF SERVICE

ANU Internet Services, hereafter called ANU, may amend this SLA/TOS at any time. Updated copies of the SLA/TOS will be located at http://www.anu.net/

This ANU Service Level Agreement (“SLA”) applies to all colocated, dedicated, managed and virtual servers. This agreement does not pertain to shared hosting accounts. Client agrees that ANU internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify ANU and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.

This SLA may be amended at any time by ANU.

1. Definitions

1.1 Managed Services (“Managed Services”) is defined as a monthly system overview by a System Administrator. ANU will perform a set of performed checks, audits, and reports on the server as defined in appendixes A, B, C and D and provide a monthly e-mail regarding your server. From time to time security updates, application patches, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable. ANU agrees to provide Client with notification during monthly report on what items are "free of charge" and what items are "billable".

1.1.1 Unmanaged Services (“Unmanaged Services”) is defined as servers that are rented to Clients. ANU performs no maintenance, security checks, and user management for the client. ANU will perform system administration on a per incident basis. All services performed on the server come without warranty or guarantee. All service performed on the dedicated server are subject to an €95.00 per hour labour fee (Mon-Fri 09:00-18:00). (OffPeak is €195 per hour, OffPeak hours includes: After 18:00 Weekdays, Weekends and Holidays)

1.1.2 Colocation Services ("Colocation Services") is defined as servers that are property of the Clients with rackspace, bandwidth, and Ethernet ports which are rented on a monthly basis. All services performed on the server come without warranty or guarantee. Client is responsible for supplying replacement parts, hot swappable hardware and software media. All services performed on the Clients servers are subject to an €95.00 per hour labour fee (Mon-Fri 09:00-18:00). (OffPeak is €195 per hour, OffPeak hours includes: After 18:00 Weekdays, Weekends and Holidays) Clients that use ANU have an option to participate in Managed Services. This is subject to the approval of a ANU Administrator and an additional monthly fee.

1.2. ANU Network (“ANU Network”) is defined as the equipment, software and facilities within ANU network segment, including ANU contracted ISP service to which ANU network segment is connected, collectively used by ANU to provide the service.

1.3. Service Availability (“Service Availability”) is the total time in a calendar month that the ANU is available through the Internet, provided that Client has established connectivity. ANU takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The ANU Network will be available to clients free of Network Outages for 99.99% of the time.

1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.3 above that is determined to have been caused by a problem in ANU Network as confirmed by ANU. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. ANU provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of ANU.

1.5. Scheduled Service Downtime (“Scheduled Service Downtime”) is any ANU interruption of Managed Services. Scheduled Service Downtime occurs during ANU standard server maintenance window, which can occur only with a 24 hours prior notice to the Client via e-mail or other communication methods as agreed.

1.6. Performance Credit (“Performance Credit”) occurs when the guaranteed uptime is not met. ANU will refund the customer 2% of the monthly fee for each 30 minutes of downtime, up to 50% of the customer's monthly fee. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

1.7 Monitoring Service (“Monitoring Service”) is the service ANU provides and monitors TCP/IP based ports and applications through its internal monitoring service. To participate in this, ANU must have valid system administrator access to repair the server in the event of a service/daemon failure.

1.8 Billable System Administration is operation, configuration, performance tuning, security configurations, and any interaction with the Operating System or software installed on the server not covered under your service agreement. Support provided to the client that requires ANU to login to the server can be considered Billable System Administration. Fees for this service are billed out at a €95 minimum charge with hourly rates of €95.

2. Service Downtime Performance Credit

2.1. In the event of Service Downtime in which monthly Service Availability is less than the guaranteed availability, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions

3.1. This SLA does not cover Service Downtime caused by problems in the following:

3.1.1. Client’s local area network.

3.1.2. Client-provided Internet connectivity or end-user software.

3.1.3. Anything inside Client’s internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

4. Service Downtime Exclusions

4.1. The following are excluded from the monthly calculation of Service Availability:

4.1.1. Any utilized Scheduled Service Downtime.

4.1.2. Any problems outside ANU Network.

4.1.3. Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:

4.1.3.1. Inaccurate configuration.

4.1.3.2. Non-compliant use of any software installed on the server.

4.1.3.3. Client initiated server over-utilization.

4.1.3.4. Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

5. Billable System Administration which is defined in section 1.8 includes the following:

5.0.1 System Administration of the clients server.

5.0.2 Software installations performed by ANU

5.0.3 Virus and Security Scans of the server.

5.0.4 Configuration of the Operating System, Web Server, and custom software installed on the server.

5.0.5 Security Audit and reports of the server.

5.0.6 Patches and Upgrades.

6. Server Hardware for Managed and Unmanaged Servers

6.0.1 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

6.0.2 Hardware replacement will occur within 48 hours of the reported problem, ANU will refund 15% of the monthly fee per additional 24 hours of down time (up to 100% of customer's monthly fee).

6.0.3 Restoration is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, ANU will restore the system to original state.

6.0.4 ANU is not responsible for the restoration of data to server. If hardware failure occurs resulting in data loss, client is ultimately responsible for data restoration. ANU shall not be liable for loss of data under any circumstance.

6.0.5 ANU does not take responsibility for the overall security of servers. If servers are compromised in any way, ANU reserves the right to audit the server. Servers receive monthly security audits as part of the overall Managed Server program but security is the responsibility of the client. ANU reserves the right to cancel service if servers are compromised for the use of unsecured passwords or blatant disregard to simple security measures. A fee of €95 per hour will take place for any security related work done due to the server being comprimised.

7. Payment Terms

7.0.1 ANU requires a minimum twelve months commitment on all server colocation service(s) purchased by Client. This document is binding for twelve months from the date these terms become effective and will automatically terminate after twelve months unless otherwise arranged by ANU and Client.

7.0.2 Unless otherwise agreed, payment must be received for service(s) ordered by Client prior to acceptance of terms of service. Payment must be received within 30 days of date marked on invoice. Payment can be submitted to ANU via credit card, wire transfer, or another prearranged payment method.

7.0.3 ANU reserves the right to withhold all equipment and/or disable all services if Client is in breach of the Payment clause, outlined above, until payment has been received.

APPENDIX A. System and Management
The management contract is inclusive of

* Operating System maintenance release upgrades
Note: Full upgrades, e.g. from CentOS 4 to CentOS 5, will be billed at our
hourly rate. Maintenance upgrades are for example from 7.2 to 7.3 and
are covered by the managed server contract.

* Standard software service release updates
Note: As with OS upgrades, full software upgrades will be billed by the
hour. Maintenance releases are covered by the managed server contract.

* Mail Server (adding/deleting users, mail forwards, auto-responders)

* Web Server and FTP Server management including:
- access control (adding/editing/deleting users)
- adding domains
- basic password security

* Other customer specific tasks detailed in service agreement
Note: System administration and troubleshooting services do not include
costs of support services, replacement parts or shipping costs from third-party
vendors should they be necessary to return the server to service.


APPENDIX B. Software Installation
Standard or customer-specific applications. Specific setup and configuration
instructions must be provided by customer.

Installed Software - CentOS Linux
* Standard RedHat Utilities
* GNU Utilities: gcc, gzip, diff, etc.
* Lanaguages: C, Perl, Python
* Unix Shells: sh, bash 2, csh, tcsh
* Editors: emacs, vi, pico
* Email Tools: Pine, Elm, mail
* Apache web server
* SSH
* Postfix mail server

Note: Software not installed by ANU staff will not be supported under
standard or managed services agreements.

APPENDIX C. Software Configuration

Initial configuration will be provided for standard services:

* Apache 2 web server
* SSH 2 remote shell

APPENDIX D. Server audits and reports

ANU will provide a monthly overview of your server, including

* Resource usage
* Uptime
* Software versions
* A list of actions performed on the server during the past month