Service Level Agreement
Contract Entered After January 1, 2022
(for contract entered prior to Jan 1 2022 see relevant terms and conditions)
SERVICE COMMITMENT
Section will use commercially reasonable efforts to make available the Customer’s Application Edge Network (defined below) with a Monthly Uptime Percentage (defined below) of at least 99.99% during any Measurement Period (the “Service Commitment”). In the event Section does not meet the Service Commitment, Customer will be eligible to receive a Service Credit as described below.
DEFINITIONS
- "Excluded Downtime” means:
- Any unavailability caused by circumstances beyond Section’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike, or other labor problem (other than one involving Section employees), Internet service provider failure or delay, non-Section service or application, or denial of service attack, any force majeure event, Internet access or related problems beyond the demarcation point of Section.
- Any unavailability that results from any actions or inactions of Customer or any third party.
- Any unavailability that results from Customer’s equipment, software or other technology and/or third-party equipment, software or other technology (other than third party equipment within our direct control);
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the applicable Measurement Period in which all Utilized PoPs running Customer applications had no external connectivity to the Internet as a result of circumstances other than Excluded Downtime.
- A “Service Credit” is a dollar credit, calculated as set forth below, that Section may credit back to a Customer account.
- A “Utilized PoP” is a PoP to which the Customer’s application is deployed.
- A “PoP” is any Section infrastructure location available for hosting Customer applications.
- “Customer’s Application Edge Network” is defined as a Customer specification of 2 or more Utilized PoPs.
- “Measurement Period” means a calendar month.
SERVICE CREDIT
Service Credits are calculated as a percentage of the total monthly services charges (other than professional service fees) paid by Customer for the Section service(s) that did not meet the Service Commitment for the Measurement Period in which the impact occurred in accordance with the schedule below.
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.99% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 95.0% | 25% |
| Less than 95.0% | 100% |
Section will apply any Service Credits for the impacted application(s) for the applicable Measurement Period, in the amount specified in the table above. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Unless otherwise provided, Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure by Section to meet the Uptime Percentage is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
CREDIT REQUESTS AND PAYMENT PROCEDURES
To receive a Service Credit, Customer must submit a request to Section (support@section.io). To be eligible, the credit request must be received by us by the end of the second calendar month (UTC) after which the incident occurred.
If the Monthly Uptime Percentage applicable to the Measurement Period of such a request is confirmed by Section, then Section will issue the Service Credit to Customer within one Measurement Period following the Measurement Period in which Customer’s request is confirmed by Section.
Service Level Agreement
Contract Entered Prior to January 1, 2022
SUMMARY
Section utilizes multiple, redundant data centres to ensure the Service is always available to you. Section shall use all reasonable commercial efforts to limit an outage to less than 30 minutes in a calendar month. In the unlikely event that an outage exceeds 30 minutes, you will be eligible to receive a credit as set forth below.
Section Service Level Agreement declares that the Section Network will be available 100% of the time. If Section fails to meet this SLA during any given calendar month, Customer's account will be credited.
Upon Customer's request, Section will issue a credit to Customer for Network Outages in an amount equal to one day’s worth of the Monthly Fee paid by Customer, multiplied by 10 minute period (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.
DEFINITIONS
"Section Network" means the Section owned and operated website acceleration equipment.
"Network Outage" means a period of time that the Section Network was not available to deliver content to the internet for 2 or more consecutive 2 minute periods.
"Monthly Fee" consists solely of the base monthly fee paid by Customer for the affected Section service.
CREDIT REQUEST AND PAYMENT PROCEDURES
Each request in connection with a Network Outage must be received by Section within thirty (30) days of the date the SLA was not met.
Each valid credit will be applied to an invoice of Customer no later than two billing cycles after Section receipt and verification of Customer's request. Credits are exclusive of any applicable taxes, duties, fees, or surcharges imposed by any controlling taxing authority.
The total amount credited to Customer shall not exceed the Monthly Fee paid by Customer for such month
EXCEPTIONS
An Outage does not include website inaccessibility due to:
Failure or errors with your hardware, network, or website code;
DNS issues beyond Section’s direct control;
Your failure to report an Outage to Section support once you have discovered it;
Section scheduled or emergency maintenance;
Any actions or inactions of you or any third parties that are outside of Section’s direct control; or
Other events outside of Section’s reasonable control, including but not limited to Force Majeure.
TERMINATION
If you experience Outages for three consecutive calendar months, then either Party may terminate the Subscription Agreement in the following (fourth) month. Your Credits for Outages, which shall survive termination, shall be your sole and exclusive remedy and Section’s sole and exclusive liability for any failure to maintain the availability of the Services, or any claim based on an issue covered by this SLA. If you repeatedly submit false or unsubstantiated claims for Credits, Section may terminate your Subscription Agreement.