This Enterprise Service Level Agreement (the “SLA”) sets forth the terms and conditions pursuant to which NextBillion.ai Pte. Ltd. will provide support for its Service(s) and on availability of the Service(s). This SLA only applies if the Order Form between You and NextBillion.ai specifically references this SLA.
NextBillion.ai shall maintain a Services Availability of 99.9% calculated every calendar month for the Service(s) (“Services Availability Percentage”). If we don’t meet this Services Availability Percentage you are eligible for a Service Credit as described below. “Services Availability” shall mean when the Services are not Unavailable, excluding Permitted Unavailability.
An API will be considered unavailable when it is inaccessible during two or more consecutive 90-second intervals. If an API is accessible in some regions but not others, availability for the API for the relevant time period will be calculated as the fraction of your API requests that are failing worldwide. Uptime in a month will be calculated across APIs based on the uptime of each individual API you use during the month, weighted by the fraction of all your API requests accounted for by each API during that month.
The Service Credits shall be calculated as a percentage of the total Charges the Customer owes to NextBillion.ai for Services each month, or Your annual Charges divided by 12, as follows:
Total Available Uptime
(across all APIs) per month
100% – 99.9% – 0% Credit Amount
99.89% – 99% – 10% Credit Amount
Less than 99% – 25% Credit Amount
To receive a Service Credit, you must mail us within 30 days following the end of the Unavailability period and include the dates and times of Unavailability. If we confirm that the Services Availability Percentage in a month covered by your request is below 99.9%, we will issue you the Service Credit. Service Credits (i) will be adjusted to the subsequent month invoice issued by NextBillion.ai to you (including renewals, subsequent orders and overages), (ii) cannot be exchanged for, or converted to, monetary compensation. The maximum Service Credit that we will be issued for Unavailability in a month is 25% of the Charges you otherwise owe us for that month.
Notwithstanding anything to the contrary elsewhere contained, NextBillion.ai shall have no liability in the event of unavailability of Services resulting from: (i) scheduled maintenance; (ii) the performance or failure of Customer’s equipment or facilities, or browser applications, or any failure in data transport related to Customer’s connectivity to the Internet; (iii) factors outside of NextBillion.ai’s reasonable control including outages by any third-party hosting service that NextBillion.ai utilizes (iv) circumstances beyond NextBillion.ai’s reasonable control, such as but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond NextBillion.ai’s reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of Services attacks; or (v) caused due to Your use of the Services otherwise than in accordance with the Documentation and the Agreement.
NextBillion.ai will make commercially reasonable efforts to protect its assets and services against threats and attacks potentially impacting Service Availability. In the case of a large-scale attack NextBillion.ai might not be able to maintain the Services Availability at the expected level and reserves the right to claim such event as a Permitted Services Unavailability.
NextBillion.ai will use commercially reasonable efforts to provide maintenance notifications via email or other means, e.g. SLA site, at least 3 business days before any maintenance is performed on its systems if the maintenance is reasonably expected to cause any material degradation or drop in Services Availability Percentage. NextBillion.ai shall send maintenance notifications to the appropriate email address as communicated by You. NextBillion.ai will endeavor to keep NextBillion.ai Services(s) fully operational during all maintenance.