1.1           This Service Level Agreement (SLA) forms part of Your Agreement with Anchor and applies when the description of Your Service states that the Service Level Agreement applies.  Capitalised terms in this SLA use the meanings set out in the Agreement.

Uptime Service Level

1.2           Anchor warrants that the Hosted Environment and Network will be available to be accessed at least 99.9% (Uptime) of each full calendar month during the Service Period, subject to clauses 1.4 to 1.8 of this SLA.

1.3           Where Anchor fails to meet the Uptime Service Level and You have complied with provisions of this SLA then You are entitled to claim the following Service Credits against the next monthly Fee (or if the Service Level is failed in the last month of a Service Period Anchor will provide apply a credit against the last invoice).

Uptime Percentage in a full calendar monthCredit
99.9% - 100%No credit - Uptime is met.
98% - 98.99%10% of the monthly Fee for the Hosted Environment*
95% - 97.99%20% of the monthly Fee for the Hosted Environment*
Below 95%50% of the monthly Fee for the Hosted Environment*
*does not include any other usage fees, Fees for Back Up Service or Support Services or Fees for Professional Services

1.4           Uptime will be calculated monthly by Anchor and such calculation will be deemed binding on the parties in absence of manifest error.  Upon request Anchor will provide You with a report setting out the Uptime for the previous calendar month.  There is no Uptime Service Level provided for part months.

1.5           If You want to claim a Service Credit You must provide written notice to Anchor setting out the claim for a Service Credit, such notice to be received by Anchor within 10 days of the date of receipt of the Uptime report.  If no such notice is received by the due date You waive Your rights in respect of the failure to meet the Uptime warranty.

1.6           If Anchor:

(a)             exceeds a 95% Uptime but does not exceed 98.99% Uptime in any three consecutive full calendar months; or

(b)             fails to exceed a 90% Uptime in any full calendar month,

then You may give Anchor written notice requiring the Uptime Service Level of 99.9% to be met the following month and if it is not met then You may terminate the Agreement by giving notice to Anchor within 10 days of the end of that month.

1.7           To the extent permitted by law, the Service Credit procedure and remedies in this SLA (including the right to terminate under clause 1.6 of this SLA) are the sole and exclusive remedies for any failure to meet the Service Levels in any particular month.

1.8           When calculating any Service Level, any failure to meet the Service Level that is directly or indirectly caused by any one or more of the following items shall not constitute a failure of the Service Level:

(a)             Scheduled Maintenance;

(b)             a malfunction or failure of any network, including the internet, that is not part of the Network;

(c)             any of Your Content and Software;

(d)             any unlawful, negligent or wilful act or omission, by You, Your agents, contractors or invitees or any other person (other than a person who is acting for and on behalf of Anchor, its Related Bodies Corporate or their respective contractors);

(e)             any breach of the Agreement, including the Acceptable Use Policy, by You;

(f)              any act or omission of a third party (other than Anchor, its Related Bodies Corporate or their respective contractors);

(g)             any Force Majeure event;

(h)             Anchor’s exercise of its rights under clauses 6.6, 6.7 or 14.1 of the Agreement.