AWS Mainframe Modernization Service Level Agreement

This AWS Mainframe Modernization Service Level Agreement (“SLA”) is a policy governing the use of AWS Mainframe Modernization (“AWS Mainframe Modernization”) and applies separately to each account using AWS Mainframe Modernization. In the event of a conflict between the terms of this SLA and the terms of the AWS Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement. 

AWS will use commercially reasonable efforts to make AWS Mainframe Modernization instances available with the Monthly Uptime Percentages set forth in the table below, for each AWS region, during any monthly billing cycle (the "Service Commitment"). In the event an AWS Mainframe Modernization instance 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 for the affected AWS Mainframe Modernization instance for the monthly billing cycle in which the Service Commitment was not met, in accordance with the schedule below:

We will apply any Service Credits only against future AWS Mainframe Modernization payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card 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 AWS. 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). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide AWS Mainframe Modernization 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 case in the AWS Support Center. 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, times, and AWS region(s) of the affected AWS Mainframe Modernization instance resource ID(s) for each Unavailability incident that you are claiming; and
3. 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 the request occurred. 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 AWS Mainframe Modernization, or any other AWS Mainframe Modernization performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of AWS Mainframe Modernization; (ii) that result from any actions or inactions by you or any third party; (iii) that result from you not following the guidelines and best practices described in the AWS Mainframe Modernization Documentation on the AWS Site; (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 your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (vi) arising from our suspension or termination of your right to use AWS Mainframe Modernization in accordance with the Agreement  (collectively, the “AWS Mainframe Modernization 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.

• "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of 5 minute intervals during the month in which the AWS Mainframe Modernization instance was Unavailable. If you have been running the AWS Mainframe Modernization instance for only part of the month, the AWS Mainframe Modernization instance is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AWS Mainframe Modernization SLA Exclusions.
• A "Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
• "Unavailable" and “Unavailability” mean that all connection requests to the running AWS Mainframe Modernization instance fail during a 5 minute interval.