Compressive Business SLA by NURO Group Limited

SLA Guarantee Components:

Datacentre Uptime: 100%
Cloud Hosting Uptime: 100%
DNS Servers Uptime: 100%
Network Equipment Uptime: 99.99%
Network Internet Connectivity Uptime: 99.99%
VPS Server Uptime: 99.99%
Web Hosting Uptime: 99.99%

Fault Resolution

NURO shall respond to urgent network issues within thirty (30) minutes of notification during normal working hours 9am - 5pm. Monday to Friday, excluding public holidays. Outside normal working hours, NURO will respond within one (1) hour. Urgent network issues relate to maintaining performance of the network.
NURO shall make every effort to resolve urgent network issues faults within one (1) hour. The CUSTOMER acknowledges that NURO relies on various network providers and partners for services that support or facilitate the Customer's services and that these service providers may respond to urgent network issues or faults according to their own service level targets.
NURO reserves the right to charge the customers where the Customer logs faults, incurs the use of NURO staff time and the problem is later determined to relate to the CUSTOMER's service only rather than NURO's network services..
NURO will provide you with technical support, access and other service related issues at no additional charge. NURO will not provide development-related support for web applications, scripts, or components from third parties or those developed by you.

Scheduled Outages

NURO endeavours to provide the Customer with at least 5 working days notice of the timing and duration of any planned outages. Planned outages are posted online here: https://my.nuro.co.nz/serverstatus.php, there is also an RSS feed available here: https://my.nuro.co.nz/networkissuesrss.php
These events are scheduled to occur at a time that will cause the least inconvenience to the majority of NURO customers using our services..

Network Latency & Packet Delivery

NURO will provide a quality service with minimum network latency and packet delivery to be of a comparable quality to the average performance of any three significant competitors. Comparable quality is defined as within 10% of the average result produced over a reasonable time period. Any testing conducted shall be made or confirmed by NURO and shall cover a reasonable time period.
If network latency and / or packet delivery degrades, is proved to be caused by NURO and is outside the 10% allowance specified above over three consecutive tests during a minimum period of one month, the Customer shall have grounds to terminate its agreement at the next billing date. Specific terms relating to cancellation apply - refer below.

Cancellation for Performance Issues

Not-withstanding the Customers statutory rights, a Customer who has committed to a fixed term agreement as part of this agreement shall only be able to cancel this agreement for the causes specified in these service terms and subject to the following terms;
- The Customer shall be liable for all charges up until the time of cancellation, calculated on a pro-rate basis.
- The Customer's right to cancel applies only to failures caused by factors reasonably within NURO's control and after NURO has had a reasonable opportunity to rectify the failures.
- If a service level failure giving cause for cancellation can be reasonably proved to relate to only one particular NURO service and does not affect other fixed term contract services purchased by the customer, the customer shall be able to cancel that particular service only.
- NURO will only engage in discussion on the satisfaction of these service levels with customers who have committed to a fixed term agreement.

Refunds for Unscheduled Downtime

If your service availability for the full calendar month is below our guaranteed level, we will provide the following appropriate refunds:

Availability Calculations

100% - 99.8% - 5% off next months invoice.
99.8% - 99.6% - 10% off next months invoice.
99.6% - 99.4% - 15% off next months invoice.
99.4% - 99.2% - 20% off next months invoice.
99.2% - 99.1% - 25% off next months invoice.
99.1% - 99.0% - 30% off next months invoice.
99.0% - 98.0% - 40% off next months invoice.
Below 97% - 50% off next months invoice.

Applying for an SLA breach refund

To receive a refund please Submit a Ticket
Refunds take up to 30 days to be processed.
All refunds are given at the sole discretion of NURO who will decide if the refund will be applied to the service invoice.
Refunds are given as credits to your account to be used to pay for the service or other services in your account.
Refunds are not given as cash refunds, but account credit to be used for services on your account.

Maximum Refunds

The total refund to you for any account may not exceed 50% of the monthly fees charged to that service during the month for which the refund is to be issued.

Refund Restrictions

The Customer shall not receive any refunds under this SLA in connection with any failure or deficiency of availability caused by or associated with:

Circumstances beyond NURO's reasonable control, including, but not limited to, acts of any governmental body, fire, flood, earthquake, strike or other labour disturbance, interruption of, or delay in transportation, unavailability of or interruption, or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts)
Scheduled maintenance and emergency maintenance and upgrades
Your acts or omissions (or acts or omissions of others engaged or authorised by you), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, PHP, ASP, etc), any negligence, wilful misconduct, or use of the services in breach of the Terms and Conditions and Acceptable Use Policy
Outages elsewhere on the Internet that hinder access to your services.
NURO is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.