As an additional SLA under the Terms of Service, Mailgun will guarantee that up to 20,000 email messages (with an attachment of less than 25 MB) delivered by Customer to the Services during any single second will be accepted by the Services.
2. Delivery SLA
As an additional SLA under the Terms of Service, Mailgun will guarantee that 99.0% of the email messages (with an attachment of less than 25 MB) delivered by Customer to the Services during any single hourly period (up to a maximum of 1.5 million emails messages during any single hourly period) will be transmitted by the Services for an initial delivery attempt to the indicated recipient within five minutes from the time of receipt of delivery of such email message into the Services.
3. Credits and Limitations
Customer is entitled to a credit of 1% of Customer’s given monthly fee for the Services for each hourly period during which this Enterprise Performance SLA is not met in any given monthly billing period. Customer will provide documented evidence establishing any claim for breach of this Enterprise Performance SLA and any associated credit. Delays due to maintenance, and delays at the gateways due to Internet issues, are not covered by this Enterprise Performance SLA. Mailgun makes no guarantee regarding the timing of receipt of mail being processed by the receiving service. For the avoidance of doubt, Sections 2.3, 2.4 and 10.3 of the Terms of Service will apply to this Enterprise Performance SLA (with a failure to meet this Enterprise Performance SLA to be considered “downtime” or an “outage” for purposes of such application). In the event that the failure to meet this Enterprise Performance SLA is due to the failure of the Services to meet the uptime SLA provided for in Section 2.2 of the Terms of Service (i.e., availability), then Customer will be entitled to the credits provided for under Section 2.2 of the Terms of Service in lieu of any credits under this paragraph.