Managed Services Agreement

Arktisma Unit Trust trading as Serversaurus (“Serversaurus”, “we”, “us” or “our”) welcomes you to serversaurus.com.au (the “Website”). These terms and conditions of service (collectively, with Serversaurus’ Privacy Policy, the “Terms of Service” or “Agreement”) govern your use of the Website and the services, features, content or applications operated by Serversaurus (together with the Website, the “Services”), and provided to the Subscriber (the “Subscriber”, “you” or “your”).

Alongside our standard SLA and Terms, the following additional terms are for our managed services (managed cloud, managed VPS, and other managed dedicated services):

1. Deployment Guarantee

1.1 Unless otherwise stated, Serversaurus does not guarantee a deployment timeframe but will use reasonable endeavours to deploy the server(s) promptly. Serversaurus may, from time to time, agree to provide a guaranteed deployment timeframe for an additional fee. Where such Deployment Guarantee is agreed, Serversaurus will deploy the Server(s) by the date stated, provided that you promptly provide all information that we reasonably request from you to complete deployment. Servers are deemed deployed as of the time that Serversaurus generates an email message to you that includes the information needed to allow you to transfer information to and from the Server(s). Apart from any rights and remedies you may have under law, your sole and exclusive remedy for our failure to meet the Deployment Guarantee shall be a credit equal to the amount of the fee paid for the Deployment Guarantee service. You are not entitled to a credit if you request or cause the deployment delay. This Deployment Guarantee does not apply to any software or other managed services. If you request (orally or in writing) that we deploy your servers by a specific date or on an “expedited” basis for no additional fee, then the Deployment Guarantee shall not apply, and we commit only to using reasonable endeavours to deploy the Server(s) by the date requested.

2. Managed Backup

2.1 Serversaurus’ managed backup services are designed to facilitate restoration of data to the server or device from which the data originated in the event the primary data is lost or corrupted. Our standard managed backup service includes full server-based backups every 24 hours. Additional incremental backup services are available as required.

2.2 While Serversaurus attempts to keep regular backups of data stored on our systems, we do not guarantee the existence, accuracy, or regularity of our backup services and, therefore, the client is responsible for making backups of data. Serversaurus does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients’ information. Serversaurus is not responsible or liable for any loss of business which may occur due to downtime.

3. Denial of Service (DoS) Attack Mitigation

3.1All managed services within the Serversaurus network are protected with dedicated NSFOCUS DoS mitigation infrastructure, however we cannot guarantee that this service can be effective in all kinds of DoS attacks. The Serversaurus DoS mitigation service is designed to assist in the prevention/mitigation of network flood type attacks. It cannot protect against protracted and specific attacks to your application.

3.2 WARNING STATUS: In the event that your bandwidth usage meets or exceeds 50% of the capacity of any one of our Internet Service Providers, or the attack begins to approach the Serversaurus DoS Mitigation Service capacity, we will promptly notify you to warn of impending escalation procedures, such as null routing, upstream blocking, or suspension of service. We will confer with you regarding measures that may be available, if any, to avoid further escalation.

3.3 CRITICAL STATUS: In the event that your bandwidth usage meets or exceeds 80% of the capacity of any one of our Internet Service Providers, or the attack exceeds the Serversaurus DoS Mitigation Service capacity, we may null route your traffic or take other measures as necessary to protect our network and other customers without notice to you, but will notify you promptly of the steps taken and confer with you regarding measures available, if any.

3.4 You acknowledge that the Serversaurus DoS Mitigation Service may not successfully mitigate all attacks, and may also result in some legitimate traffic being diverted from your website(s). We reserve the right to escalate to a Warning or Critical status as we deem necessary in our sole discretion to protect our network and other customers. We may refuse or discontinue the Serversaurus DoS Mitigation Service at any time by giving reasonable advance notice if we determine, in our sole discretion, that the website(s) and/or domains for which you have requested the service pose an undue risk to our network or other customers.

3.5 SERVERAURUS MAKES NO WARRANTY OR GUARANTY WHATSOEVER REGARDING THE SERVERSAURUS DDOS MITIGATION SERVICE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4. Unsupported configuration elements or services

4.1 If you ask Serversaurus to implement a configuration element (hardware or software) or hosting service in a manner that is not customary at Serversaurus, or that is in “end of life” or “end of support” status, we may designate the element or service as “unsupported,” “non-standard,” “best efforts, ” “reasonable endeavors,” “one-off,” “EOL,” “end of support” or with like term. Serversaurus makes no representation or warranty whatsoever regarding any Unsupported Service, and you agree that Serversaurus shall not be liable to you for any loss or damage arising from the provision of the Unsupported Service apart from rights and remedies you may have under law in relation to Non-excludable Rights. The Deployment and Service Level Guarantees shall not apply to the Unsupported Service, or any other aspect of the Hosting Services that is adversely affected by the Unsupported Service. You acknowledge that Unsupported Services may not interoperate with Serversaurus’s other services, such as backup or monitoring.

5. Monitoring & Response

5.1 Serversaurus goes to every effort for effective external monitoring. Serversaurus uses third party services to provide accurate monitoring outside of our network, with checks scheduled to run every 5 minutes. This monitoring alerts engineers of potential problems with: a) Network access b) Web service access (HTTP/HTTPS unless otherwise requested). Other kinds of checks/monitoring may be setup by arrangement.

5.2 Maximum initial response time for managed services is 2 hours. Our email, phone number and online ticketing system will be provided to handle support requests. Final request resolution and total resolution time will vary depending on the nature of the issue, and are not covered with an SLA. Response time is measured from the time at which Serversaurus staff are notified of the issue(s) by our monitoring systems.

5.3 Serversaurus provides 99.9% uptime, but aims for 100% uptime.

5.4 Serversaurus retains the right to run software which may consume server resources in order to operate statistics and server-side monitoring services, to be used for the optimisation, alerting and overall system health monitoring.

5.5 From 24th Dec to 2nd of January, Serversaurus runs with a reduced support capacity. During this period, non-critical support requests are not subject to our SLA response times.

6. Fees

6.1 Your first invoice will include: A setup fee (if applicable), a monthly recurring fee (if applicable), a management fee (if applicable), and a pre-pay services fee (if applicable). We require upfront payment for any consultation based work (for example, setup charges).

6.2 If you are using Serversaurus’ virtualisation platform (“cloud”), due to the nature of our hourly based pricing model, the total of your monthly invoice may vary from month to month, as a result of, but not limited to: the different number of hours in particular months; variations in resources used; variations in bandwidth used.

6.3 If any invoice or part thereof is overdue by more than 7 days, we will impose a late fee equal to 5% of the amount that is overdue. After 30 days, we may suspend your service. If we must use legal action to collect late payment of invoices, you must also pay Serversaurus’ costs of collection, including reasonable legal fees, expenses, and court costs.

6.4 Bandwidth is charged at the rate detailed on our plan page. Bandwidth is charged on a usage basis, and you are liable for all bandwidth related charges which are related with your machine/service. If your service/application is attacked resulting in excessive bandwidth usage, you will be liable for charges depending on the nature of the attack.

7. Maintenance

7.1 It may be necessary for Serversaurus to temporarily suspend services to maintain our network, hardware, server OS, or other facilities. We will provide you with reasonable advance notice (72hrs) of the scheduled maintenance unless the nature of the maintenance is deemed critical. This will not be deemed as an interruption of the service for the purpose of calculating network, infrastructure, or hardware availability or your entitlement to credit. Notice will be provided by email, our website, telephone or Twitter.

7.2 Maintenance includes the patching of necessary software as required, and may include emergency patching which could result in temporary loss of services. Emergency patching could include critical security updates which must be installed in a time critical manner. All efforts will be taken to reduce such instances to an absolute minimum of downtime.

8. Managed services guarantee

8.1 Serversaurus guarantees that infrastructure and services related to all reasonable access to agreed services will be available for the period guaranteed in the level of care your management plan is associated with, within any given month, excluding scheduled maintenance.

8.2 For any issues which arise from the managed application layer, Serversaurus will provide a brief investigation to ascertain what the nature of the issue may be. Serversaurus will notify relevant parties (client, developer) of their initial investigations, but make no guarantees for any information provided.

8.3 Serversaurus is purely responsible for the services layer of any managed hosting, and is not responsible for application errors, bugs, or any other related problems which are not connected to Serversaurus’ web services responsibilities. Typically these responsibilities include network and web services access, but may include additional services including such services as database services depending on agreement.

9. Credits

9.1 If Serversaurus does not maintain guaranteed uptime availability within any given month, you may be eligible for credit up to 100% of your monthly bill or expected bill. Serversaurus will provide a 5% credit for each 30mins of downtime. To request credit, you must email Serversaurus support with your request within (5) business days.

9.2 The maximum total credit for all guarantees shall not exceed 100% of your fee for that billing period (or a calculated fee based on previous months if billed in a post-pay). Credits do not carry over to future billing periods.

9.3 Credits will not be provided if poor or interrupted service is related to: a) scheduled maintenance b) circumstances beyond Serversaurus’ control, including network attacks, service failures outside of our immediate network or infrastructure c) anything resulting from war, fire, flood, labour disturbance, government regulations, other government intervention, or force majeure. d) a breach by the customer to our terms or SLA.

10. Scope of full management

10.1 A fully managed server with Serversaurus comprises of the following:

10.1.1 Troubleshooting and resolution of issues affecting the operation of pre-installed software.

10.1.2 Upgrade, patching, configuration, and optimisation of pre-installed software.

10.1.3 Installation of additional modules for pre-installed software (e.g. PHP modules).

10.1.4 Installation of additional software components, subject to our sole consideration of technical feasibility, to ensure we can maintain a stable service for you.

10.1.5 Troubleshooting and resolution of server hardware, virtualisation platform, and network connectivity issues.

10.1.6 Business hours support, and critical out of hours support for issues related to Serversaurus responsibilities.

10.1.7 Monitoring as required

Customer responsibilities include:

10.6 Website software development / installation / debugging

11. Scope of standard/included management

11.1 Cloud machines come with standard management by default which includes:

11.1.1 Basic troubleshooting.

11.1.2 Critical vulnerability patching.

11.1.3 Basic business hours support.

11.1.4 Minor adhoc server based tasks by request at the sole discretion of Serversaurus engineers.

11.1.5 Troubleshooting and resolution of server hardware, virtualisation platform, and network connectivity issues.

11.1.6 Monitoring of one essential service – ie. HTTP.

Customer responsibilities include:

11.1.7 Website software development / installation / debugging / server installation & setup (unless setup is requested).

11.1.8 Notifying Serversaurus of any maintenance which may trigger an alert, resulting in Serversaurus engineer time investigating a non-issue. The customer will be charged a minimum of $160/hr of triggering false-positives without notification.

12. Publicity

12.1 You are permitted to publicly state that you are a subscriber or user of our Services. We may include your name and trade marks in a list of our subscribers, online or in promotional materials or verbally reference you as one of our subscribers. You may opt out of the provisions in this clause by e-mailing a request to our support system.