SLA Multi CDN

OptimiCDN commits that OptimiCDN Multi-CDN will be available 99,99% of the time in given calendar month.

Last modified: March 2nd, 2015

This Service Level Agreement (“SLA”) sets expectations between the Parties concerning the levels of Multi CDN service to be provided by OptimiCDN. This SLA is attached to and incorporated by reference into the Service Order Form signed by Client and OptimiCDN Limited and is subject to all terms and conditions set forth in the Agreement referred to herein. Capitalized terms used and not defined herein shall have the meanings given to them in the Agreement.

Service Commitment

OptimiCDN will use commercially reasonable efforts to make Multi CDN Service available with a Monthly Uptime Percentage (defined below) of 99,99% during any calendar month (the “Service Commitment”). In the event OptimiCDN does not meet the Service Commitment, Client may be eligible to receive a Service Credit as described below. OptimiCDN refers to OptimiCDN’s Multi CDN service and does not refer to peripheral or separate services, such as but not limited to: the OptimiCDN Cloud management console, OptimiCDN CDN, OptimiCDN Cloud Compute, OptimiCDN Cloud Block Storage, or OptimiCDN Cloud Object Storage.

Definitions

Our Multi CDN Service is monitored through third party test-agents distributed globally across our Network. Each test-agent takes sample measurements every ten (10) minutes to calculate Monthly Uptime Percentage.

Our Multi CDN Service is determined to be “unavailable” when test-agents report a ”request time-out”, “connection refusal”, “receive time-out” or other similar error message (“Unavailable” or “Unavailability”). Availability SLA is calculated based on the cumulative Unavailability of our Multi CDN Service for a given calendar month.

Service Credits

In the event OptimiCDN fails to meet the Availability SLA, a “Service Credit” is calculated based on the percentage availability in a given monthly billing period as follows (credit amounts expressed as a percentage of the fee for the affected Service), as set forth in the chart below:

Monthly Uptime PercentageCredit to Bill for OptimiCDN Multi CDN
100% to 99,99%N/A
99,99% to 99,95%5%
99,94% to 99,5%10%
99,5% to 99%15%
Less than 99%30%

Service Credit Request and payment procedures

To receive a Service Credit, Client must submit a request by sending an email message to legal@optimicdn.com not later than thirty (30) calendar days after the last day of the month in which the applicable failure of the SLA occurred. Each claim must include the following information:

  • (1) Client name;
  • (2) Client contact name and contact information;
  • (3) date and beginning/end time of downtimes or failed SLA;
  • (4) a report from a measurement tool stating the basis for the failed SLA; and
  • (5) the specific OptimiCDN support ticket number opened in relation to the performance issue and brief description of the characteristics of the failed SLA.

OptimiCDN will acknowledge all claims within five (5) business days and will review all claims within ten (10) business days of receipt. Client will be informed by email whether the appropriate Service Credit claim will be granted or rejected. If rejected, the notification will specify the basis for rejection.

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 99,99%, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us.

Exclusions

Service Credits will not be granted for Client downtimes resulting from denial of service attacks, virus attacks, hacking attempts, or any other circumstances that are not within the direct control of OptimiCDN.

Client is not entitled to a service credit if it is in breach of its Agreement with OptimiCDN or Acceptable Use Policy, including its payment obligations.

Other

OptimiCDN will maintain measurement tools for the determination of compliance with the above-mentioned guarantees, and while Client may also maintain such, OtimiCDN’s measurements, except in the case of manifest error, shall be the singular basis for determining compliance or non-compliance with the guarantees set forth herein. Under no circumstances will any tests performed by Client or its partners be recognized by OptimiCDN as a valid measurable criterion of violation length, quality or type for the purposes of establishing a service credit hereunder.

THE SLA SET FORTH IN THIS AGREEMENT SHALL APPLY ONLY TO THE SERVICE DESCRIBED HEREIN AND DO NOT APPLY TO ANY OTHER SERVICE. THIS AGREEMENT STATES CLIENT’S SLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY OPTIMICDN TO PROVIDE THE SERVICE DESCRIBED HEREIN AND ANY BREACH BY OPTIMICDN OF ANY OF THE SLAS SET FORTH HEREIN. CLIENT’S RIGHT TO RECEIVE CREDITS AND REFUNDS AS DESCRIBED IN THIS SLA IS CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY OPTIMICDN TO MEET THE GUARANTEES AND WARRANTIES PROVIDED HEREIN.

OptimiCDN reserves the right to change, amend, or revise this policy at any time upon notice to Client.