This (“5centsCDN”) (“SLA”) provides 5centsCDN Customers (“Customer”) with certain rights and remedies regarding 5centsCDN’s services and content delivery network performance. This SLA applies only to 5centsCDN Customers and applies only to the services that are directly provided by 5centsCDN. 5centsCDN provides a 99% performance based SLA that guarantee on Customer content that is stored and delivered on the 5centsCDN content delivery network, or is stored on Customer equipment and delivered on the 5centsCDN network. Subject to the terms and conditions of this SLA, 5centsCDN will provide service credits for any failures to meet its stated uptime guarantee.
- “Content” means objects which are delivered from an 5centsCDN cache server.
- “Cache Server” means 5centsCDN owned and operated servers for delivering Customer Content which are located on the 5centsCDN global content delivery network at 5centsCDN Points of Presence (POPs) or MultiCDN partners.
- “Origin Server” means either 5centsCDN’s or Customer’s Internet web server where Customer Content is stored for retrieval by the Cache Servers.
- “Service Outage” means an instance in which a service covered by the 99% performance based SLA guarantee is completely unavailable for more than 60 consecutive minutes.
- “MultiCDN Partners” means 5centsCDN partner CDN networks.
- “Base Fee” consists solely of the base monthly fee paid by Customer for the 5centsCDN service and excludes all other fees that might be paid by Customer, including, by way of example and not limitation, setup fees, charges for additional services, incremental bandwidth usage, professional services, and any other type of optional additional services.
99% performance based SLA
5centsCDN provides 99% performance based SLA which guarantee Customers, covering the following items: (i) uptime of the 5centsCDN network (i.e. the ability of Customer’s IP traffic to transfer to and from the Internet across 5centsCDN’s network infrastructure or via MultiCDN partners), and
(ii) Customer Content uptime and availability. Subject to the terms, conditions and exceptions of this SLA.
5centsCDN periodically (every (1) minute or more often) measure availability of 5centsCDN POPs using pingdom.com. 5centsCDN reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer.
Guarantee of Stream Quality
5centsCDN stream quality is measured using computerised monitoring of streams that originate from the 5centsCDN service. 5centsCDN makes best efforts to maintain a consistent stream quality and 5centsCDN will issue service level credits to a Customer should the stream quality grade fall below a mutually agreed level of acceptable quality if any other than the measurement done using pingdom.com on a monthly basis. Subject to the terms, conditions, and exceptions of this SLA, should the measured Customer stream delivered by the 5centsCDN service fall below the agreed acceptable level for the period of one calendar month, 5centsCDN will issue as per table below:
|97 - 99%||5%|
|95 - 97%||10%|
|90 - 95%||15%|
- Services credits are NOT applicable to Customer with budget plans or volume network.
- SLA credits are only available for CDN bandwidth.
- SLA credits are not applicable to ADD ON features.
Customer shall not receive any credits under this 5centsCDN SLA in connection with any 5centsCDN Service Outage caused by or associated with:
- Circumstances beyond 5centsCDN’s reasonable control including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the 5centsCDN SLA.
- DNS issues outside the direct control of 5centsCDN.
- Scheduled maintenance and emergency maintenance and upgrades.
- Failure or unavailability of hardware that is provided or controlled by customer, including, but not limited to, the Customer Origin server(s).
- Failure or unavailability of software applications or code that are provided to 5centsCDN by Customer, or the interactions of these items.
- Customer’s acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the 5centsCDN services in breach of the 5centsCDN Master Agreement or TOS or 5centsCDN’s Acceptable Use Policy.
- False SLA breaches reported as a result of outages or errors of any 5centsCDN measurement system.
- Stream buffering occurring due to or associated with conditions outside of 5centsCDN network or immediate control.
- Failure of a service that is not covered or guaranteed by the 5centsCDN SLA, including, but not limited to, the 5centsCDN control center and the 5centsCDN reporting system.
- SLA credits will only be issued to Customers who have paid in full for services covering the time period within which the credit has been requested.
Credit Request and Payment Procedures
In order to receive a credit under this SLA, Customer must make a request by submitting the request through 5centsCDN ticketing system. All requests must include the Customer contact name, email address, phone number, company name, the date(s) of the Service Outage, and a description of the reason for the credit request. Each request in connection with a breach of this SLA in a particular calendar month must be received by 5centsCDN within thirty (30) days after the Service Outage in question has occurred, and the Service Outage must be able to be confirmed by 5centsCDN measurement tools. Credit requests that are related to an SLA breach of 5centsCDN Guarantee of Stream Quality must be submitted within seven (7) days after the end of the calendar month when the stream quality is in question. Each valid credit will be applied to an invoice of Customer within two billing cycles after 5centsCDN initial receipt of Customer’s request. Credits are exclusive of any taxes charged to Customer or collected by 5centsCDN.
- Customer account has to be in good standing in order to qualify for the credits.
- All invoices must be in paid status, this includes clients with credit period facility.
- Customer must be an active customer with an active product
Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with any calendar month will not exceed the Base Fee paid by the Customer for such month. All credits are calculated on the basis of a thirty (30) day month. To be eligible for a credit, Customer must follow 5centsCDN published instructions for use of the Service. Improper use of 5centsCDN Service will result in ineligibility for a Service credit. Service credits shall not be available for Customers that are in breach of the 5centsCDN Master Service Agreement, including, but not limited to, breach for non-payment. Notwithstanding any provision otherwise in this SLA or the Master Service Agreement, this SLA sets for Customer’s sole and exclusive remedy for Service Outage or other service related issue for a Service provided to Customer by 5centsCDN.