The following table details the credits available to the Customer in the event the Service Availability during a calendar month (a “Reporting Period) falls below the indicated thresholds:
3 Zone Deployment
>= 99.99% Service Availability
99.98% > 99.97% Service Availability
<= 99.96% Service Availability
Service Availability is defined by issuing the INFO request to the target cluster at a one-minute interval. Every INFO request should return with a message. The percentage of returned INFO requests during the period will be used to determine Service Availability.
Service Availability is measured monthly and calculated by subtracting from 100% the total percentage of 1-minute periods during the Reporting Period for which an Aerospike cluster is Unavailable.
“Unavailable” is defined for any one (1) issued INFO command that does not receive a complete response during the reporting period subject to any scheduled and unscheduled maintenance time and time for any Exclusions.
“Exclusions” means the following: (i) unavailability caused by circumstances beyond Aerospike’s reasonable control, including, without limitation, acts of nature, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Aerospike employees), or any other force majeure event or factors; (ii) any problems resulting from Customer’s software applications; (iii) interruptions or delays in providing the Services resulting from telecommunications or Internet service provider failures; (v) any interruption or unavailability resulting from Customer’s use of the Services in an unauthorized or unlawful manner or any interruption resulting from the misuse, improper use, alteration, or damage of the Services; (vi) any problems caused by modifications in any version of the Services not made or authorized by Aerospike in writing; and (vii) any problems resulting from Customer’s or any third party’s acts, errors or omissions or any systems not provided by Aerospike.
Request for Credit
Any Customer request for a credit that Customer is entitled to under this SLA may only be made on a calendar monthly basis and must be submitted in writing within 10 days after the end of the relevant calendar month or shall be deemed to have been waived by Customer. For those periods at the end of a Subscription Term that do not coincide with the end of a calendar month, Customer must make a claim for a credit within 10 days after the expiration of the Subscription Term or the claim for credit shall be deemed to have been waived by Customer. The total of all credits applicable to or accruing in any given Reporting Period shall not exceed 5% of the Subscription fees paid or payable to Aerospike by Customer for the Reporting Period. Credits will only be applied to future Aerospike Cloud payments.
The right to a credit shall be the sole and exclusive remedy available to Customer in the event of unavailability of the Services as set forth herein. In no circumstance shall the unavailability of the Services be deemed a default under the Agreement or this SLA.
All credit requests will be verified against Aerospike’s system records.
Application of Service Credits
A Service Credit shall be applied only to the Monthly Service Fee invoice applicable to the Service month following the month during which the event giving rise to the Service Credit occurred (Service Credits arising before Commencement of Online Availability shall be applied to the first Monthly Service Fee invoice). In no event shall Customer be provided a Service Credit in cash, refund, or any other form other than a credit against Monthly Service Fees.