Monitoring Service Terms

1. What is this document?

This document contains the service terms upon which the monitoring service is provided and forms part of our customer contract with you. They must be read in conjunction with our core terms at au.pacnet.com/terms-and-conditions/.

2. What are our obligations?

2.1. We will:

2.1.1. in the case of Level 1 Service:

2.1.1.1. at all times during the currency of the service conduct a ping test;

2.1.1.2. when a ping test determines a host failure to provide you with a service failure notification;

2.1.1.3. notify you once the host becomes active after a host failure and service failure notification under clause 3.1.1.2;

2.1.2. in the case of Level 2 Service:

2.1.2.1. at all times during the currency of the service conduct a ping test;

2.1.2.2. when a ping test determines:

2.1.2.2.1. a host failure, to provide you or your delegates with a service failure notification;.

2.1.2.2.2. a MHS failure, to provide you or your delegates with a service failure notification;

2.1.2.3. notify you or your delegates once:

2.1.2.3.1. the host becomes active after a host failure and service failure notification;

2.1.2.3.2. a MHS becomes active after a MHS failure and service failure notification.

2.2 Depending on the election you make in your service application to us, you can either select Level 1 Service or Level 2 Service, and in the absence of an election the default is Level 1 Service.

3. What is the scope of services?

3.1. The content of the notification in clause 2 may contain:

3.1.1. the date and time;

3.1.2. the name of the host; and

3.1.3. a brief description of the failure or non activity.

3.2. The notification will not diagnose a host failure or MHS failure or identify its cause, this is your responsibility and at your cost.

3.3. Where the number of SMS exceed 30 in any billing period, then we may charge you a SMS excess charge.

3.4. Where you receive a Level 2 service:

3.4.1. you may nominate delegates to receive notifications under clause 2; and

3.4.2. where delegates are nominated, we will contact you with a notification of either a MHS Failure or Host Failure, and if there is no response to the SMS or email then we will escalate the notification to the first delegate, and failing a response from the first delegate, to the second delegate;

3.5. The service failure notification in clause 2.1.2 will cease once a response is received from you or your delegates.

3.6. We will:

3.6.1. only ping test or query standard ports, unless you advise us that a host or MHS operates on non standard ports;

3.6.2. only ping test or query protocols which we agree to in writing;

4. Can you add or remove a host or a MHS?

4.1. You may:

4.1.1. add or remove hosts or MHS under this agreement at anytime during normal business hours provided:

4.1.1.1. we have first approved the addition of a host or MHS;

4.1.1.2. you pay the additional or accrued charges for:

4.1.1.2.1. a new host;

4.1.1.2.2. a new MHS;

4.1.1.2.3. a host that is removed; and

4.1.1.2.4. a MHS that is removed;

4.1.2. also substitute a host to be monitored;

4.1.3. have multiple hosts in different locations billed to one account, provided you have requested this and we agree;

4.1.4. request an alteration to times when we test the host or MHS.

5. What are your obligations?

5.1. You must:

5.1.1. have all necessary consents from the owner of any host or MHS before we can provide the service under this agreement;

5.1.2. warrant prior to the provision of service you have the necessary consent in clause 5.1.1;

5.1.3. ensure that the host or any MHS is not used for any unlawful purpose;

5.1.4. pay the relevant fee for each individual host or MHS;

5.1.5. ensure that the latency setting on any DSL connection to a host complies with our recommended latency setting;

5.1.6. ensure that prior to the provision of the service that all hosts and MHS are responsive to our ping test.

6. What acknowledgments are there?

6.1. You acknowledge that:

6.1.1. we rely on an SMS Gateway and telecommunication network provided by third party carriers, a failure with their SMS Gateway or telecommunication network may cause a service failure; and

6.1.2. the monitoring service may interfere with your host, MHS or internet access service.

7. How are these service terms interpreted?

delegates means 2 people nominated by you to receive notifications in accordance with clause 3.4
host a single server which is connected to the internet and which has a static IP address or one which has our Network Private IP address
host failure a failure or non activity of a host which is being monitored
MHS a Monitored Host Service, a service which is operating on a host which we have agreed to monitor, such as FTP or SMTP
MHS failure a failure or non activity of a MHS which is being monitored
Ping test a ICMP test which is recurring every 5 minutes to determine whether a host is active and includes any other additional test that we may determine in our absolute discretion
service failure notification a notification sent by email to a predetermined email address or by SMS, to a predetermined mobile telephone number (subject to the limitations in clause 3.2) advising of either a MHS failure or a host failure
SMS Short Message Service
SMS excess charge a surcharge (which we may determine from time to time) which is payable in addition to the monthly fee for the service