This GMX Compute Service Level Agreement (“SLA”) is a policy governing the use of GMX Compute Cloud (“GMX Compute”) and GMX Elastic Block Store (“GMX EBS”) under the terms of the GMX Services Customer Agreement (the “GMX TEC Agreement”) between GMX Web Services, Inc. and its affiliates (“GMX TEC”, “us” or “we”) and users of GMX TEC’ services (“you”). This SLA applies separately to each account using GMX Compute or GMX EBS. Unless otherwise provided herein, this SLA is subject to the terms of the GMX TEC Agreement and capitalized terms will have the meaning specified in the GMX TEC Customer Agreement. We reserve the right to change the terms of this SLA in accordance with the GMX TEC Customer Agreement.

• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which GMX Compute or GMX EBS, as applicable, was in the state of “Region Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any GMX Compute SLA Exclusion (defined below).
• “Region Unavailable” and “Region Unavailability” mean that more than one Availability Zone in which you are running an instance, within the same Region, is “Unavailable” to you.
• “Unavailable” and “Unavailability” mean:
  • For GMX Compute, when all of your running instances have no external connectivity.
  • For GMX EBS, when all of your attached volumes perform zero read write IO, with pending IO in the queue.

  
  

• A “Service Credit” is a GBP credit, calculated as set forth below, that we may credit back to an eligible account.
  

GMX TEC will use commercially reasonable efforts to make GMX Compute and GMX EBS each available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event GMX Compute or GMX EBS does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for either GMX Compute or GMX EBS (whichever was Unavailable, or both if both were Unavailable) in the Region affected for the monthly billing cycle in which the Region Unavailability occurred in accordance with the schedule below.

We will apply any Service Credits only against future GMX Compute or GMX EBS payments otherwise due from you. At our discretion, we may issue the Service Credit to the payment method you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from GMX TEC. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one pound (£1 GBP). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the GMX TEC Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide GMX Compute or GMX EBS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

To receive a Service Credit, you must submit a claim by opening a sales related ticket. 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:

1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the affected Compute instance IDs or the affected EBS volume IDs; and
4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
   

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.

The Service Commitment does not apply to any unavailability, suspension or termination of GMX Compute or GMX EBS, or any other GMX Compute or GMX EBS performance issues: (i) that result from a suspension described in the relevant section of  the GMX TEC Customer Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of GMX Compute or GMX EBS; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (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); (v) that result from failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from any maintenance as provided for pursuant to the GMX TEC Customer Agreement; or (vii) arising from our suspension and termination of your right to use GMX Compute or GMX EBS in accordance with the GMX TEC Customer Agreement (collectively, the “GMX Compute 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. The service commitment also does not apply for the application layer, in circumstances where GMX TEC is not the direct supplier of the application.