Gyre Services ®

Service Level Agreement

Gyre Technologies Inc Service Level Agreement

Last Updated June 1, 2013

This Gyre Managed Services Service Level Agreement (“SLA”) is a policy governing the use of Gyre Technologies Managed Services (“Gyre Managed Services”) and Gyre Hosting Services (“Gyre Sites”) under the terms of the Amazon Web Services Customer Agreement (the “Gyre Technologies Agreement”) between Amazon Web Services, Inc. and its affiliates (“Gyre Technologies”, “us” or “we”) and users of Gyre Technologies’ services (“you”). This SLA applies separately to each account using Gyre Managed Services or Gyre Sites. Unless otherwise provided herein, this SLA is subject to the terms of the Gyre Technologies Agreement and capitalized terms will have the meaning specified in the Gyre Technologies Agreement. We reserve the right to change the terms of this SLA in accordance with the Gyre Technologies Agreement.


Service Commitment

Gyre Technologies will use commercially reasonable efforts to make Gyre Managed Services and Gyre Sites each available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event Gyre Managed Services or Gyre Sites does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Gyre Managed Services or Gyre Sites, as applicable, was in the state of “Region Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Gyre Managed Services SLA Exclusion (defined below).
  • “Region Unavailable” and “Region Unavailability” mean that more than one Availability Zone in which you are running an instance, within the same Region, is “Unavailable” to you.
  • “Unavailable” and “Unavailability” mean:
    • For Gyre Managed Services, when all of your running instances have no external connectivity.
    • For Gyre Sites, when all of your attached volumes perform zero read write IO, with pending IO in the queue.
  • A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.


Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for either Gyre Managed Services or Gyre Sites (whichever was Unavailable, or both if both were Unavailable) in the Region affected for the monthly billing cycle in which the Region Unavailability occurred in accordance with the schedule below.


Monthly Uptime Percentage    Service Credit Percentage

Less than 99.95% but equal to or greater than 99.0%     10%

Less than 99.0%     30%


We will apply any Service Credits only against future Gyre Managed Services or Gyre Sites 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 Gyre Technologies. 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 Gyre Technologies Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Gyre Managed Services or Gyre Sites 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 Gyre Technologies 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 and times of each Unavailability incident that you are claiming;
  3. the affected services or the affected sites and
  4. 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 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.


Gyre Managed Services SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Gyre Managed Services or Gyre Sites, or any other Gyre Managed Services or Gyre Sites performance issues: (i) that result from a suspension described in Section 6.1 of the Gyre Technologies Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Gyre Managed Services or Gyre Sites; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (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 failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from any maintenance as provided for pursuant to the Gyre Technologies Agreement; or (vii) arising from our suspension and termination of your right to use Gyre Managed Services or Gyre Sites in accordance with the Gyre Technologies Agreement (collectively, the “Gyre Managed Services 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.