Effective January 24, 2022
1. Uptime Commitment
While you are using the Builder Services under these Terms, we will provide a Monthly Uptime Percentage of at least 99.9% (“Uptime Commitment”). “Monthly Uptime Percentage” means the percentage of time each month that the Builder Services are available to you on a continuous basis, 24 hours per day, 7 days per week, subject to the exclusions in Section 4 below.
If, during any full month that you are using the Builder Services, the Monthly Uptime Percentage falls below our Uptime Commitment, you will be eligible for a Service Credit as described in Section 2, subject to the conditions in Sections 3 and 4 below.
2. Service Credits
|Monthly Uptime Percentage||Service Credit|
|99.0 – 99.89%||5%|
|95.0 – 98.99||10%|
|94.99% or lower||25%|
We will multiply the applicable percentage identified in the Service Credit column above by the amount of your Invoice for the month we failed to meet our Uptime Commitment (“Credit Month”) to determine the amount of the Service Credit to be applied for the Credit Month. We will apply the Service Credit as a deduction against fees payable in the next month following the Credit Month.
3. Reporting & Credit Request Procedures
To receive a Service Credit for a particular month, you must request a Service Credit within 30 days of the end of the month. We will provide you with a Monthly Uptime Percentage report for the month identifying what Service Credits that apply, if any.
4. Limitations & Exclusions
The total Service Credits that we will be required to issue for any Credit Month as provided in this SLA will not exceed 25% of the total amount due by you in any Invoice for that Credit Month. Service Credits are only made as a monetary credit applied to future use of Builder Services and will be applied within 60 days of a valid request.
The Uptime Commitment does not apply (i) for downtime during any scheduled or emergency maintenance or which occurs for less than 2 continuous minutes, (ii) to any Pre-General Available services, features or releases, (iii) for downtime or errors that result from your Application, from third-party systems you are using with the Builder Services, or any actions of, or failures caused by, a third-party (including network connectivity through internet service providers), (iii) for downtime or errors that result from your failure to use the Builder Services in accordance with the Documentation, or (iv) for Usage Limits we may impose under Section 4(d)(iv) of the Builder Terms.