Service Level Agreement

SUMMARY

Section utilizes multiple, redundant data centres to ensure the Service is always available to you. Section shall use all reasonable commercial efforts to limit an outage to less than 30 minutes in a calendar month. In the unlikely event that an outage exceeds 30 minutes, you will be eligible to receive a credit as set forth below.

Section Service Level Agreement declares that the Section Network will be available 100% of the time. If Section fails to meet this SLA during any given calendar month, Customer’s account will be credited.

Upon Customer’s request, Section will issue a credit to Customer for Network Outages in an amount equal to one day’s worth of the Monthly Fee paid by Customer, multiplied by 10 minute period (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.

DEFINITIONS

  1. “Section Network” means the Section owned and operated website acceleration equipment.

  2. “Network Outage” means a period of time that the Section Network was not available to deliver content to the internet for 2 or more consecutive 2 minute periods.

  3. “Monthly Fee” consists solely of the base monthly fee paid by Customer for the affected Section service.

CREDIT REQUEST AND PAYMENT PROCEDURES

Each request in connection with a Network Outage must be received by Section within thirty (30) days of the date the SLA was not met.

Each valid credit will be applied to an invoice of Customer no later than two billing cycles after Section receipt and verification of Customer’s request. Credits are exclusive of any applicable taxes, duties, fees, or surcharges imposed by any controlling taxing authority.

The total amount credited to Customer shall not exceed the Monthly Fee paid by Customer for such month

EXCEPTIONS

An Outage does not include website inaccessibility due to:

  1. Failure or errors with your hardware, network, or website code;

  2. DNS issues beyond Section’s direct control;

  3. Your failure to report an Outage to Section support once you have discovered it;

  4. Section scheduled or emergency maintenance;

  5. Any actions or inactions of you or any third parties that are outside of Section’s direct control; or

  6. Other events outside of Section’s reasonable control, including but not limited to Force Majeure.

TERMINATION

If you experience Outages for three consecutive calendar months, then either Party may terminate the Subscription Agreement in the following (fourth) month. Your Credits for Outages, which shall survive termination, shall be your sole and exclusive remedy and Section’s sole and exclusive liability for any failure to maintain the availability of the Services, or any claim based on an issue covered by this SLA. If you repeatedly submit false or unsubstantiated claims for Credits, Section may terminate your Subscription Agreement.