This AWS Network Security Manager Service Level Agreement (“this SLA”) is a policy governing the use of AWS Network Security Manager (“NSM”) and applies separately to each account using NSM. 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 in this SLA but not defined shall have the meanings set forth in the Agreement.

AWS will use commercially reasonable efforts to make NSM for each AWS region available as shown in the table during any monthly billing cycle (the “NSM SLA”). In the event any NSM does not meet the NSM SLA, you will be eligible to receive a Service Credit as described below.

Service Credits are calculated as a percentage of the total charges paid by you for the affected NSM functions in the affected AWS region for the monthly billing cycle in which the SLA, as applicable, was not met.

We will apply any Service Credits only against future NSM 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 NSM 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 credit 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:

1. the words “Amazon NSM SLA Credit Request” in the subject line;
2. the dates, times of each Unavailability incident that you are claiming;
   
3. the resource IDs for NSM; and
4. your request logs and any other information that document the errors and corroborate your claimed outage.**

** Please replace any confidential or sensitive information with asterisks.

If we confirm you have a valid claim under the applicable SLA, 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.

The SLA does not apply to any unavailability, suspension, or termination of NSM, or any other NSM 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 NSM; (ii) that result from any actions or inactions by you (e.g., activities which exceed any of the quota values identified in the NSM product documentation); (iii) that result from you not following the guidelines and best practices described in the NSM technical documentation 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 NSM in accordance with the Agreement. 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.

• An “Error” is any NSM request that returns a 500 or 503 error code.
• “Error Rate” means the total number of internal Errors returned by NSM APIs divided by the total number of requests for the applicable request type during that five-minute interval in a given AWS region. We will calculate the Error Rate for each NSM administrator account as a percentage for each five-minute interval in the monthly billing cycle. The calculation of the number of Errors will not include errors that arise directly or indirectly as a result of any of the NSM SLA Exclusions.
• “Monthly Uptime Percentage” 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 NSM account.