Service Level Agreement

HD’s primary commitment is to providing outstanding services to customers. To support this commitment, we observe the following schedule of remedies for any failure to meet the express guarantees that is listed on product pages where the service level agreement is included in the service.

Terms

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:

“HD”, “us”, “we” and “our”, means HD Net Limited;
“Customer”, “You” and “Your”, means the party or parties who utilise and/or services provided by HD.

Technical Support

On setup of your account, HD will provide you with technical support, access and other service related issues at no additional charge.
HD will not provide development-related support for web applications, scripts, or components from third parties or those developed by you.

  • General Phone support is available Monday-Saturday from 9am to 5pm NZT (Excluding public holidays).
  • Network Operations (NOC) phone support is available 24/7/365 including public holidays.
  • Email support is available 24/7. (Excluding public holidays).

HD endeavors to respond to all technical support tickets within 60 minutes, however; this can vary depending on the complexity of the inquiry and support request volume. Our support team assigns the highest priority to customer inquiries or monitoring evidence related to service unavailability.

Scheduled Maintenance

HD endeavours to provide the Customer with at least 5 working days’ notice of the timing and duration of any scheduled outages.

Scheduled service unavailability times are not included in our Service Availability Calculations.

We usually perform maintenance tasks during off-peak hours unless we deem the maintenance to be critical.

Service Targets

Datacentre Availability: 100%

Datacentre Power Three UPS Feeds: 99.9999%

Datacentre Power Dual UPS Feeds: 99.999%

Datacentre Power Single UPS Feed: 99.95%

Network Equipment Uptime: 99.991%

Network Internet Connectivity Uptime: 99.99%

Multi-Homed Fibre Optic Network Uptime: 99.9%

HSNS Network Uptime: 99.7%

xDSL/UFB Fibre Network Uptime: 97%

Refunds for Unscheduled Downtime

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

Availability Calculations

These are calculated as a percentage achieved of the service targets above, credits are only applied once when the customer notifies HD of an availability breach which HD confirms within 30 days of the occurrence of such an event.

100% – 99.9999% – 10% off next month’s account(s).
99.9999% – 99.999% – 12% off next month’s account(s).
99.999% – 99.99% – 15% off next month’s account(s).
99.99% – 99.95% – 20% off next month’s account(s).
99.95% – 99.9% – 30% off next month’s account(s).
99.9% – 99.7% – 40% off next month’s account(s).
99.7% – 99.5% – 45% off next month’s account(s).
Below 97% – 50% off next month’s account(s).

Fault Resolution

HD shall make every effort to resolve urgent network issue faults within one (1) hour. The Customer acknowledges that HD 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.

HD reserves the right to charge the customers where the Customer logs faults, incurs the use of HD staff time and the problem is later determined to relate to the Customer’s Service rather than HD’s.

HD shall respond to urgent network issues within thirty (30) minutes of notification during normal working hours above, excluding public holidays. Outside normal working hours, HD will respond within one (1) hour. Urgent network issues relate to maintaining performance of Service Agreement(s).

Network Latency & Packet Delivery

HD 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 qualified by HD 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 HD and shall cover a reasonable time period.

If network latency and / or packet delivery degrades, is proved to be caused by HD 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 this agreement at the next billing date.

Cancellation of Service
Not-withstanding the Customers statutory rights, a Customer who has committed to a fixed term agreement shall only be able to cancel a Service Agreement for the causes specified in the Master Services Agreement 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 HD’s control and after HD 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 HD service, (i.e. a fibre optic service) and does not affect other fixed term Service Agreements purchased by the customer, the customer shall be able to cancel that particular Service Agreement only.

HD will only engage in discussion on the satisfaction of these service levels with customers who have committed to a fixed term agreement.

Maximum Refunds

The total refund to the Customer for any service level breach may not exceed 50% of the monthly charge for that Service Agreement.

Refund Restrictions

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 HD’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 authorized by you), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful 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 account. HD is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.