AWS Private 5G Service Level Agreement

This AWS Private 5G Service Level Agreement (this "SLA") is a policy governing the use of AWS Private 5G ("Private 5G") and applies separately to each account using Private 5G. 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.

For each Private 5G Network Site, AWS will use commercially reasonable efforts to make the Private 5G Network Site available with a Private 5G Uptime Percentage as shown in the table below during any monthly billing cycle:

Service Credits are calculated as a percentage of the total charges paid by you for the applicable Private 5G Network Site for the monthly billing cycle in which the SLA was not met.

We will apply any Service Credits only against future Private 5G 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 Private 5G 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. Your request must be received by us by the end of the second billing cycle after which the incident occurred and must include the information specified below for the Private 5G SLA:

1. the words “Private 5G SLA Credit Request” in the subject line;
   
2. the dates and times of each Unavailability incident that you are claiming;
   
3. the affected Private 5G Network Site and Small Cell Radio resource IDs;
   
4. the billing cycle and AWS regions with respect to which you are claiming Service Credits; and
   
5. 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).
   

**Please replace any confidential or sensitive information in these logs with asterisks

If a claim under the applicable SLA is confirmed by us, 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 requested and other information as required above will disqualify you from receiving a Service Credit.

The SLA does not apply to any unavailability, suspension or termination of Private 5G, or any other Private 5G performance issues, directly or indirectly: (i) caused by factors outside of our reasonable control, including any force majeure event, Internet access, or related problems beyond the demarcation point of Private 5G; (ii) that result from any actions or inactions by you (e.g., incomplete activation of a Small Cell Radio, incorrect CPI certification or Small Cell Radio installation, improper radio frequency planning, misconfiguring end user devices, or credential settings, etc.); (iii) that result from your equipment, software or other technology; (iv) that result from you not following the guidelines or exceeding the limitations described in the Private 5G technical documentation on the AWS Site including failure to provide power or networking to the Small Cell Radio or failure by you or your facility to meet the site requirements described in the Private 5G technical documentation at any time; (v) that result from a hardware issue with a Small Cell Radio, (vi) that result from the Small Cell Radio being offline for no more than 15 minutes in connection with a forced software reboot, or (vii) arising from our suspension or termination of your right to use Private 5G in accordance with the Agreement (collectively, the “AWS Private 5G SLA Exclusions”). If availability is impacted by factors other than those used in our Private 5G Uptime Percentage calculation, as applicable, then we may issue a Service Credit considering such factors at our discretion.

• "Availability Zone" and “AZ” means an isolated location within an AWS region identified by a letter identifier following the AWS region code (e.g., us-west-1a).
  
• “Network Site” means the physical location where you set up your Private 5G network, install your Small Cell Radio(s), and designate on the AWS console (or such other means made available by AWS) as your network site.
  
• “Private 5G Uptime Percentage” is calculated by subtracting from 100% the percentage of 5-minute intervals during the month in which the applicable Private 5G Network Site was Unavailable. If the applicable Private 5G Network Site has only been configured for part of the month, the Private 5G Network Site is assumed to be 100% available for the portion of the month that it was not configured.
•  A "Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
  
• “Small Cell Radio” means the radio unit provided by AWS that has been installed by you, or someone authorized by you, in accordance with the Private 5G technical documentation at your Network Site;
  
• "Unavailable" or "Unavailability" means when all data traffic and management operation requests from a Private 5G Network Site to an AZ fail during a 5-minute interval.