- Introduction
This Ecenica AWS Cloud Server Service Level Agreement (this “SLA”) is a policy governing the use of the Services and
applies separately to each account using the Services. In the event of a conflict between the terms of this SLA and
the Ecenica Terms and Conditions or other agreement with us governing your use of our Services,
the terms and conditions of this SLA apply, but only to the extent of such conflict. -
General Service Commitment
Ecenica will use commercially reasonable efforts to supply the Services at a Monthly Uptime Percentage of at least
99.90% per billing month – the “Service Commitment”). In the event any of the Services do not meet the Service
Commitment, you will be eligible to receive a Service Credit as described below. -
Service Credits
Service Credits are calculated as a percentage of the total charges paid by you for the individual affected Service
for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.90% but equal to or greater than 99.0% | 5% |
| Less than 99.0% but equal to or greater than 95.0% | 15% |
| Less than 95.0% | 50% |
-
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a ticket in the Ecenica Dashboard. To be eligible,
the
credit request must be received by us by the end of the second billing cycle after which the incident occurred and
must
include:- the words “SLA Credit Request” in the subject line;
- the dates and times of each Unavailability incident that you are claiming;
- the affected Service; and
- your logs that document the errors and corroborate your claimed outage.
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we
will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed
by
us. Your failure to provide the request and other information as required above will disqualify you from receiving a
Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and
Ecenica’s sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide
the
Services. -
SLA Exclusions
The Service Commitment do not apply to any unavailability, suspension or termination a Service, or any other Service
performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or
Internet access or related problems beyond the demarcation point of the applicable Service; (ii) due to scheduled
maintenance we have notified you of prior via ticket or our status page; (iii) that result from any actions or
inactions
of you or any third party, (iv) that result from your equipment, software or other technology and/or third party
equipment, software or other technology (other than third party equipment within our direct control); or (v) arising
from our suspension or termination of your right to use the applicable Service in accordance with the Agreement (
collectively, the “Ecenica SLA Exclusions”). If availability is impacted by factors other than those used in our
Monthly
Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. -
Definitions
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in
which any of the Services, as applicable, was in the state of Unavailability. Monthly Uptime Percentage measurements
exclude Unavailability resulting directly or indirectly from any Ecenica SLA Exclusion. - A “Service Credit” is a credit, calculated as set forth above, that we may credit back to an eligible account.
- “Unavailable” and “Unavailability” mean when your Ecenica AWS Cloud Server Service has no external connectivity.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in