Service Level Agreement
1. InCountry Service Levels
InCountry endeavors to make the InCountry Platform available according to the chart below. InCountry measures InCountry Platform Unavailability by number of minutes over the period of a calendar month where the reading and writing to the InCountry Platform is unavailable.
2. Definitions
The following defined terms apply to this SLA. Capitalized terms not defined below have the meanings ascribed to them in the Master InCountry Platform Agreement, or other similar written agreement between the parties, as applicable (“Agreement”).
“Actual Monthly Uptime Percentage” = (A-B+C)/A , where:
A = Total Monthly Time (defined below);
B = Unavailable Monthly Time (defined below); and
C = Excluded Monthly Times (defined below).
“Monthly Uptime Percentage Threshold” means the percentage listed in the table below under the heading, “Monthly Uptime Percentage Threshold” in which InCountry is committed to meet each month.
“InCountry Platform Credit” means the dollar credit that InCountry will credit to a Customer’s eligible account if the Actual Monthly Uptime Percentage is less than the Monthly Uptime Percentage Threshold, and which is calculated by multiplying the InCountry Platform Credit percentage listed in the table below with respect to the InCountry Platform by Customer’s usage fees in the applicable calendar month.
“Scheduled Maintenance” means InCountry’s scheduled routine maintenance of the InCountry Platform for which InCountry notifies Customer at least forty-eight (48) hours in advance. Scheduled Maintenance will not exceed four (4) hours per month. InCountry typically performs Scheduled Maintenance one (1) time per month
“Total Monthly Time” means the total number of minutes in the applicable calendar month.
“Unavailable Monthly Time” means the number of minutes in the applicable calendar month during which the InCountry APIs for the InCountry Platform, as applicable, were unavailable for use.
“Excluded Monthly Times” – unavailability of the InCountry Platform to the extent due to: (a) use of the InCountry Platform by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of InCountry’s reasonable control; (c) Customer’s equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.
3. InCountry Platform Credits
Should Actual Monthly Uptime Percentage fall below 99.9% during a calendar month, InCountry will pay liquidated damages in the form of an InCountry Platform Credit, which is calculated as follows:
| Actual Monthly Uptime Percentage | InCountry Platform Credit |
| < 99.9% per month | 10% of monthly service fee |
4. InCountry Platform Credit Request
To receive an InCountry Platform Credit, Customers must submit a request by sending an e-mail message to support@incountry.com within thirty (30) days of the last reported date the Actual Monthly Uptime Percentage fell below the threshold. If the InCountry Platform Unavailability is confirmed by InCountry and the Actual Monthly Update Percentage qualifies the Customer for an InCountry Platform Credit (as specified in the “InCountry Platform Credit” table above), then InCountry will issue the InCountry Platform Credit to the Customer within one Billing Cycle following the month in which the request occurred.
InCountry Support Policy
InCountry offers support services for the InCountry Platform (“Support”) in accordance with the following terms:
A. Support Hours
Support is provided 24 hours per day, 7 days per week.
B. Incident Submission and Customer Cooperation.
Customer may report errors or abnormal behavior of the InCountry Platform (“Incidents”) by contacting InCountry via email at support@incountry.com. Customer will provide information and cooperation to InCountry as reasonably required for InCountry to provide Support. This includes, without limitation, providing the following information to InCountry regarding the Incident:
- Aspects of the InCountry Platform that are unavailable or not functioning correctly
- Incident’s impact on users
- Start time of Incident
- List of steps to reproduce Incident
- Relevant log files or data
C. Incident Response.
InCountry’s Support personnel will assign a priority level (“Priority Level”) to each Incident and seek to provide responses in accordance with the table below.
| Priority Level | Description | Target Response Times |
| Priority 1 | Operation of the InCountry Platform is critically affected (not responding to requests or serving content) for a large number of users; no workaround available. | 2 Hours |
| Priority 2 | InCountry Platform is responding and functional, but performance is degraded, and/or Incident has potentially severe impact on operation of the InCountry Platform for multiple users. | 1 Day |
| Priority 3 | Non-critical issue; no significant impact on performance of the InCountry Platform but user experience may be affected.
| 1 Week |
D. Exclusions.
InCountry will have no obligation to provide Support to the extent an Incident arises from: (a) use of the InCountry Platform by Customer in a manner not authorized in the Agreement or the applicable Documentation; (b) general Internet problems, Events of Force Majeure or other factors outside of InCountry’s reasonable control; (c) Customer’s equipment, software, network connections or other infrastructure; or (d) third party systems, acts or omissions.