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.