AWS OpsWorks Service Level Agreement

Last Updated: March 7, 2019

This AWS OpsWorks Service Level Agreement (“SLA”) is a policy governing the use of AWS OpsWorks for Chef Automate and AWS OpsWorks for Puppet Enterprise (each an “AWS OpsWorks Service”) and applies separately to each account using an AWS OpsWorks Service, and applies to each AWS OpsWorks Service separately. 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.

Service Commitment

AWS will use commercially reasonable efforts to make each AWS OpsWorks Service available with the applicable Monthly Uptime Percentage for each AWS region, during any monthly billing cycle (the “Service Commitment”). In the event an AWS OpsWorks Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for the applicable AWS OpsWorks Service for the monthly billing cycle in which the Monthly Uptime Percentage for a given AWS region fell within the ranges set forth in the table below.

Monthly Uptime Percentage

Service Credit Percentage

Less than 99.9% but greater than or equal to 99.0%

10%

Less than 99.0% but greater than or equal to 95%

25%

Less than 95% 100%

We will apply any Service Credits only against future AWS OpsWorks Service 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 error 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 AWS Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide an AWS OpsWorks Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

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:

(i) the words “SLA Credit Request” in the subject line;

(ii) the AWS region, dates, and times of each incident of non-zero Error Rates that you are claiming; and

(iii) 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 applicable to the month of such request is confirmed by us and is less than the applicable Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

AWS OpsWorks SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of an AWS OpsWorks Service, or any other AWS OpsWorks Service 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 the applicable AWS OpsWorks Service; (ii) that result from any actions or inactions of you or any third party; (iii) 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); (iv) that result from you not following the best practices described in the AWS OpsWorks Service User Guide on the AWS Site; or (v) arising from our suspension or termination of your right to use an AWS OpsWorks Service in accordance with the AWS Agreement (collectively, the “AWS OpsWorks SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.

Definitions

  • “Error Rate” means: (i) the total number of internal server errors returned by the applicable AWS OpsWorks Service as error status “InternalError” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that 5-minute interval. We will calculate the Error Rate for each AWS OpsWorks Service account as a percentage for each 5-minute interval in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the AWS OpsWorks SLA Exclusions.
  • “Monthly Uptime Percentage” for a given AWS region is calculated by subtracting from 100% the average of the Error Rates from each 5-minute period in the monthly billing cycle.
  • A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible AWS OpsWorks Service account.