Service Level Agreement

Section A – Uptime

Captaintech’s will do everything in their power to maintain a service uptime. However in using our service you acknowledge that we are not responsible for server uptime, but is the responsibility of the 3rd party hosting company we purchase our hosting from.

Excused Downtime

The following events may occur which are due to our hosting company:

Scheduled maintenance;
Emergency maintenance, hardware and software failure;
Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events.

The following events may occur and are beyond our control or the control of our hosting company

Downtime caused by you, your own configuration, or third-party applications you use;
Downtime caused when you reach the maximum resources allocation for your plan;
Downtime caused because you have violated this TOS;
Downtime during work on your technical support request(s); or
Force majeure.

To the maximum extent applicable under national law and without affecting your rights as a consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

You are also bound by the TOS & SLA of our wholesale hosting provider Linode.

Section B – Refunds

We provide a refund during the first 30 days of annual hosting services. The guarantee does not extend to design services performed by Captaintech.

The following conditions apply to our 30-day refund:

In the event that we have incurred costs that we are unable to recover as part of providing our service to, we will subtract those costs from the amount we refund to you.
If we have performed work for you that has not been invoiced at the time of a refund requested, then we reserve the right to invoice for said work and deduct fully or partially the invoice amount from any refund due to you. Should the amount of invoiced work exceed the refund due to you, then we reserve the right to invoice you for the difference.
The refund only applies to the first 30 days of your initial service period ie. if you pay a monthly fee, then a refund does not apply.
Where we sell a service to you as a reseller, then you are bound by the wholesale registrar’s refund policy.

Section C – Renewal Policy

All Services are set to renew automatically once payment for the next billing cycle has been made. Your current payment method is automatically charged the standard Fees for a Renewal Term:

Monthly renewal – On the same day of each month, commencing on the day of the month your service period first began.
Annual renewal – On the same date of each year commencing on the day of the year your service first began

Card payments are processed 3 days prior to renewal dates, to ensure that we are able to renew your service uninterrupted. If we cannot process a renewal charge at the scheduled date, we may suspend the service or choose to make additional attempts to charge your payment method(s) until you renew or terminate the Services. We will always charge for renewal using the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in our system. We are not responsible for your data or domain name if Services are terminated because your payment method(s) have expired or are no longer valid for any reason.

Section D – Fair Use Policy

Our Fair Use Policy sets out certain limitations on the allocation of Server resources, aiming to allocate all our customers fair and adequate use of the Services. Details on the resource allocation are set on the website and additional information can be found in our FAQs in the Support pages of your user admin.

You agree that we have the sole right to decide what constitutes a violation of the Fair Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in a warning, resource usage limitations, suspension or immediate account termination with no refund. You understand and agree that in the event of violation of the Fair Use Policy, we may provide you with a certain period of time to correct the issue. If you take no action during this period, we may apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use Policy and will not be responsible for any data loss resulting from such termination of Services.

Section E – Upgrade/Downgrade Policy

You can choose to upgrade or downgrade your service at any time. You may incur pro-rata charges if upgrading midway through a billing cycle.

We deem moving from a monthly billing cycle to an annual billing cycle as an upgrade to your service.

We deem moving from an annual billing cycle to a monthly billing cycle as a downgrade to your service.

We will only downgrade your service when your current billing cycle is complete, however, you can notify us of your desire to do so at any time.

Certain services applicable over an annual service period may not be available for a monthly service period. These include:

Additional Payment Options other than Credit Card.
We may introduce features which are exclusive to annual service periods in the future and these may also become unavailable when downgrading an account.

Section G – Backup Services

We perform daily, weekly and fortnightly data backups for the entire server. This means that in the event of a critical hardware failure, a malicious attack or some other cause for our services to become lost or corrupted, we are able to restore our service with minimal data loss. In the event of restoring a backup, we can only guarantee a restoration of the service and associated data. It may not be possible to restore individual files. It is your responsibility to ensure you have a backup of your data for the purposes of individual file recovery.