AWS Elemental MediaConvert Service Level Agreement

This AWS Elemental MediaConvert Service Level Agreement (“SLA”) is a policy governing the use of AWS Elemental MediaConvert and applies separately to each account using AWS Elemental MediaConvert. 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 Elemental MediaConvert available with a Monthly Uptime Percentage for each AWS region, during any monthly billing cycle, of at least 99.9% (the “Service Commitment”). In the event AWS Elemental MediaConvert 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 following charges paid by you for AWS Elemental MediaConvert 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:

We will apply any Service Credits only against future AWS Elemental MediaConvert payments otherwise due from you. At our discretion, we may issue the Service Credits 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. Service Credits 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 or non-performance or other failure by us to provide AWS Elemental MediaConvert is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

To receive Service Credits, you will need to 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 dates and times of each incident of non-zero Error Rates that you are claiming; and
(iii) your request logs that document the errors for 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 credit request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.

The Service Commitment does not apply to any unavailability, suspension or termination of AWS Elemental MediaConvert, or any other AWS Elemental MediaConvert 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 Elemental MediaConvert; (ii) that result from any voluntary actions or inactions from you; (iii) that result from you not following the best practices described in the AWS Elemental MediaConvert User Guide on the AWS Site; (iv) that result from your equipment, software or other technology; or (v) arising from our suspension or termination of your right to use AWS Elemental MediaConvert (collectively, the “AWS Elemental MediaConvert SLA Exclusions”).

• “Error Rate” means (i) the total number of Errors returned by AWS Elemental MediaConvert divided by (ii) the total number of requests during a given five minute interval. If you did not make any requests in a given 5-minute interval, that interval is assumed to have an Error Rate of 0%. We will calculate the Error Rate as a percentage for each five minute interval in the monthly billing cycle. The calculation of the Error Rate will not include Errors that arise directly or indirectly as a result of any of the AWS Elemental MediaConvert SLA Exclusions.
• “Error” is any API call that returns a 500 or 503 HTTP error response.
• “Monthly Uptime Percentage” for a given AWS region is calculated by subtracting from 100% the average of the Error Rates from each five minute interval in the monthly billing cycle.
• “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.