DMS Website and Application Hosting Service Level Agreement

Objectives of the Agreement

This agreement sets out the minimum level of service that Direct Marketing Software is required to meet and the corresponding penalties for not meeting such levels. Our objective is to provide the highest quality products and services that deliver well beyond the minimum levels specified.

DMS Website and Application Hosting Service Uptime

The target up-time for the Hosting Service is 99.9% each month. This uptime is determined by monitoring performed from remote locations by Direct Marketing Software, and does not take into consideration outages or issues with upstream providers, network carriers or clients’ local area networks.

Customer Support

Support for all DMS products is available from 8:45am to 4:45pm (Australian Eastern Standard Time) Monday to Friday.

All support requests regarding access to the DMS Hosting Service will be handled as soon as possible, target time to action all support requests is within 1 business hour.

All support requests regarding the DMS Software Applications will be handled as soon as possible, target time to action all support requests is within 1 business hour.

All support requests regarding integrating with the DMS Software Applications will be handled as soon as possible, target time to action all support requests is within 2 business days.

Network Performance

All Network services are continuously monitored to ensure rapid response to any faults, which may occur. Monitoring is carried out on all primary services. Monitoring feedback is provided to technical support staff via email services 24 x 7.

Scheduled Outages

Scheduled outages: From time to time upgrades to hardware and or software may be required. Such upgrades will generally be on Monday evenings between the hours of 9pm and midnight AEST to avoid interruptions. Clients will be notified, where possible, as far as practicable in advance of such upgrades if they are expected to exceed 15 minutes. Scheduled network outages under normal conditions should not exceed 2 hours per month.

Where the client is operating on dedicated resources the timing of scheduled outages can be determined by mutual agreement between DMS and the client in order to accommodate the client's requirements.

Under normal conditions the client will be advised via email and or telephone no less than 24 hours in advance of any scheduled outage expected to exceed 15 minutes.

Outages caused by Up-stream providers, such as network carriers are not covered by this Service Level Agreement as such outages are beyond the control of Direct Marketing Software.

Un-Scheduled Outages

Un-scheduled outages: From time to time unscheduled upgrades and or maintenance to hardware and or software may be deemed to be urgently required in order to maintain network and service stability and operation. Direct Marketing Software, reserves the right to perform such unscheduled activities where it deems it necessary to maintain network stability and operation.

Outages caused by up-stream providers, such as network carriers are not covered by this Service Level Agreement as such outages are beyond the control of Direct Marketing Software.

Service Agreement Exclusions

This Service Level Agreement does not cover Service Downtime caused by problems in the following:

  • Client's local area network.
  • Client-provided Internet connectivity or end-user software.
  • Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
  • Any predetermined Scheduled Service Downtime.
  • Any problems beyond the immediate Direct Marketing Software network.

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

  • Inaccurate configuration.
  • Non-compliant use of any software utilising the DMS hosting service.
  • Client initiated service over-utilisation.
  • Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
  • Problems associated with Operating System, Software, or Applications at the client’s site.
  • Failure by the client to pay their DMS Hosting Service fees.

Service Level Guarantee

The service level guarantee will be measured by Direct Marketing Software and is based on each customer’s website uptime and access to the hosted systems. If Direct Marketing Software determines that primary services were unavailable for period exceeding the maximum allowable under the prescribed up-time target, and extending for a continuous duration of 40 minutes or more per instance, upon the customer’s request, Direct Marketing Software will credit the customer’s hosting account one day worth of hosting fees for each consecutive hour the system or website is inaccessible, up to a maximum of 30 days’ worth of credit in a calendar month.

To receive credit if this guarantee has not been met, the customer must contact Direct Marketing Software within 3 business days of the outage for which credit is requested and must provide specific data, dates and times of outages.

This guarantee applies only to clients whose accounts with Direct Marketing Software are not in arrears at the time the Service Level Agreement is actioned or when the outage occurred or when a claim is made.

Direct Marketing Software reserves the right to modify this agreement at any time. Notice of any changes will be posted on the DMS website or emailed to the client.