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  1. Definitions
    1. “CloudLinux” means server-side software that monitors resources to ensure operation within set limits.
    2. “Monthly Downtime” is calculated over a 31 day month.
    3. “Partner Service” means the relationship between Marketing System Solutions and the Partner, with the purpose of assisting the Partner with a question they have asked.
    4. “Partner” or “Reseller” means the person or entity who ordered our services.
    5. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Partner has signed up to use. This can include, but is not limited to, any Legacy Services, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, VPS and SMS services. These product(s) and service(s) are identified in full within the Marketing System Solutions management system (Client Area). Additionally, the specific details of the Services can be found within the Marketing System Solutions management system and website.
    6. “Contractor” or “Freelance Contractor” shall mean a company, person(s) or any other independent contractor engaged by the Company to perform the services as outlined in this agreement. The Contractor is not an employee, agent, or representative of the Company.
    7. “SLA” means Service Level Agreement (this agreement).
    8. “Force Majeure” is a term referring to unforeseeable events beyond the control of the parties involved
    9. “Marketing System Solutions”, “MSS”, or “Company” means Marketing System Solutions Pty Ltd (ABN 12 677 165 981).
    10. “Marketing System Solutions management system” and “Client Area” refers to MSS’s partner account, billing and management portal, available online at http://marketingsystemsolutions.com/members/index.php?rp=/login .
    11. “Support Ticket” refers to a secure electronic message sent by the Partner to MSS via the MSS management system for assistance or for any questions they may have with any Service(s).
    12. “Website Availability” means the percentage of time in a calendar month that the Service was available for access by third parties by HTTP (port 80) and/or HTTPS (port 443), as determined by MSS preferred provider for internal and external monitoring.
  2. Preferred Provider’s Goal
    1. Their goal is to achieve 100% Web Site Availability for all Partners.
    2. They maintain a fully redundant network, utilising enterprise grade Dell hardware, RAID disk mirroring and a variety of other technical implementations to achieve uptime goals.
  3. Remedy
    1. Subject to Sections 4 and 5 below, our preferred provider  will issue an account credit to the Partner if the Web Site Availability of the Service is less than 100%, based on the following:
      1. (a) For any Custom cPanel shared web hosting Service(s) created 2 May 2018 onwards
Website Availability
Monthly Downtime
Credit Percentage
100% to 99.9%
Up to 44 minutes
0%
99.9% to 98%
Between 44 minutes and 14 hours 52 minutes
15%
98% to 95%
Between 14 hours 53 minutes and 37 hours 12 minute
30%
95% to 90%
Between 37 hours 13 minutes and 74 hours 24 minutes
65%
Less than 90%
More than 74 hours 25 minutes
100%
      1. (b) For EW or BW cPanel shared web hosting Service(s)
Website Availability
Monthly Downtime
Credit Percentage
100% to 99.5%
Up to 3 hours 43 minutes
0%
99.5% to 98%
Between 3 hours 44 minutes and 14 hours and 52 minutes
15%
98% to 95%
Between 14 hours and 53 minutes and 37 hours and 12 minutes
30%
95% to 90%
Between 37 hours and 13 minutes and 74 hours and 24 minutes
65%
Less than 90%
More than 74 hours 25 minutes
100%
      1. (c) Unless specified, all other Service(s) do not offer any credit percentage for website availability that is less than 100%.
  1. Exceptions
    1. The Partner will not be entitled to any remedy under this SLA if the Web Site Availability is reduced or impaired due to any exception named in this section of the agreement.
    2. Circumstances beyond MSS’ reasonable control, including but not limited to, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour 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, Installatron, RVSiteBuilder, MSS management system, e-commerce software, payment gateways, statistics or free scripts).
    3. Scheduled maintenance or upgrades and emergency maintenance or upgrades as per Section 5 of this agreement.
    4. DNS propagation issues outside the direct control of MSS.
    5. Issues with FTP, POP3, IMAP, SMTP, SSH, cPanel or Webmail.
    6. SLA breaches reported by third-party monitoring services belonging to the Partner.
    7. Partner’s acts or omissions (or acts or omissions of others engaged or authorised by Partner), including but not limited to, custom scripting or coding (CGI, Perl, HTML, PHP, etc), any negligence, wilful misconduct, or use of the Service in breach of MSS Terms of Service and Acceptable Use Policy.
    8. CloudLinux making the Service unavailable due to excessive resource consumption.
    9. Email or webmail delivery and transmission.
    10. Outages elsewhere on the internet, DNS caching, browser caching, or any other reason that hinders access to your Service while others can still access it.
  2. Tasks and Maintenance (Website and WP Plug-in)
    1. MSS will perform  scheduled maintenance at a time which is deemed suitable by MSS, and should it require any Service(s) to be offline for greater than thirty (30) minutes, MSS will post details of the scheduled maintenance at least two (2) days prior. These periods are not included in the website availability calculations.
    2. Unscheduled maintenance will be performed as required by MSS, and should any Service(s) be offline for greater than thirty (30) minutes, MSS will email the Partner details of the maintenance and any updates until it has been completed. These periods are not included in the website availability calculations.
    3. The Contractor may not assign or transfer any of its rights, or delegate any of its obligations, under this Agreement without the prior written consent of the Company. Notwithstanding the foregoing, the Company may assign its rights and obligations under this Agreement to any affiliate or in connection with any merger, acquisition, or sale of all or substantially all of its assets or equity, without the Contractor’s consent.
    4. In the event of any assignment of this Agreement by the Company, the Partner agrees to novate this agreement to the assignee, provided that the assignee agrees in writing to assume all of the Company’s obligations hereunder. The Partner hereby consents to any such novation and agrees that it shall look solely to such assignee for the performance of the obligations of the Company under this agreement following the effective date of such novation.
    5. Except as expressly provided in this Agreement, neither party shall be required to obtain the ongoing consent of the other party to perform its obligations under this Agreement. Any consent required under this Agreement shall be considered given once written consent is provided by the consenting party at the time of the initial agreement. Such consent shall remain effective throughout the term of this Agreement unless revoked in writing.
    6. The Company may assign its rights and obligations under this Agreement to any affiliate or in connection with any merger, acquisition, or sale of all or substantially all of its assets or equity, without the Partner’s consent.
  3. Force Majeure
    1. Neither party hereto shall be liable for any breach of its obligations hereunder resulting from any event not under the reasonable control of that party, including but not limited to acts of God, war, riots, civil commotion, acts of terrorism, strikes, lockouts, labor disputes, pandemics, epidemics, governmental regulations or actions, fires, floods, storms, or other natural disasters. The parties agree that the availability of the Internet, connections made through the Internet, and services provided by third parties are not within the reasonable control of either party. In the event of a Force Majeure occurrence, the affected party shall promptly notify the other party in writing and make reasonable efforts to mitigate the effects of the Force Majeure event upon performance of this Agreement.
  4. Acceptance
    1. The Partner signified acceptance of this Service Level Agreement upon signing up to MSS, and their account was created within the MSS management system.
  5. Changes
      1. MSS may amend our Service Level Agreement at any time. Changes to this agreement will become effective upon their publication to our website.
      2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your MSS account.
If you have any questions about this agreement please contact our Customer Care team via email at support@marketingsystemsolutions.com.

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