100% Service Level Agreement (SLA)
Introduction
This Service Level Agreement ("SLA") is a policy governing the use of the CDNsun Services ("CDN Service") under the terms of the Terms of Service ("CDNsun Terms of Service") between CDNsun and users of CDNsun services ("Customer").
This SLA applies separately to each CDNsun account satisfying all of the following three condtions
- i. the account has been upgraded from a free trial account to a customer account at least 30 days ago,
- ii. the account's balance for CDN service is greater than or equal to zero US dollars ($0 USD),
- iii. the account is active, it is not suspended.
CDNsun reserves the right to change the terms of this SLA at any time and in its sole discretion in accordance with the CDNsun Terms of Service. This CDNsun SLA states and represents Customer’s sole and exclusive remedy for any failure by CDNsun to meet the CDNsun SLA. In the event of any conflict between this SLA and the CDNsun Terms of Service, the CDNsun Terms of Service will govern.
Service Commitment
CDNsun will use commercially reasonable effort to make the CDN Service available with a 30 Days Uptime Percentage (defined below) of 100%. In the event CDNsun does not meet the Service Commitment, Customer may be eligible to receive a Service Credit (defined below) as described below.
Definitions
- "30 Days Period" is the last 30 days preceding the moment when the account requested Service Credit (defined below) including the day when the account requested Service Credit.
- "Error Rate" is the total number of internal server errors returned by CDNsun's CDN edge servers as error status "Internal Error" or "Service Unavailable" divided by the total number of requests during that five minute period. CDNsun will calculate the Error Rate for each CDNsun account as a percentage for each five minute period in the 30 Days Period. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the CDNsun SLA Exclusions (defined below).
- "30 Days Uptime Percentage" is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the 30 Days Period.
- "30 Days Expense" is the Customer's expense within the 30 Days Period for CDN traffic. The 30 Days Expense does not include any other expenses such as expenses for add-ons.
- "Service Credit" is a US dollar credit, calculated as a percentage of the 30 Days Expense (see below) which CDNsun may add to the Customer’s balance for CDN Service.
Service Credit
| 30 Days Uptime Percentage | Service Credit |
|---|---|
| Equal to or greater than 99.999% but less than 100% | 5% |
| Equal to or greater than 99.99% but less than 99.999% | 10% |
| Equal to or greater than 99.9% but less than 99.99% | 15% |
| Equal to or greater than 99% but less than 99.9% | 25% |
| Less than 99% | 50% |
CDNsun will apply any Service Credit directly to Customer’s CDNsun account by adding it to Customer’s balance for CDN Service.
- A Service Credit shall not entitle Customer to any refund or other payment from CDNsun.
- A Service Credit will be applicable and issued only if the Service Credit amount for the applicable 30 Days Period is greater than or equal to fifty US dollars ($50 USD).
- A Service Credit can be applied at most once for an incident.
- A Service Credit may not be transferred or applied to any other CDNsun account.
Customer’s sole and exclusive remedy for any unavailability or non-performance of CDN Service or other failure by CDNsun to provide CDN Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of Customer’s use of CDNsun.
Service Credit Request
To receive a Service Credit, Customer must submit a request by emailing: support@cdnsun.com with the subject: "SLA Claim". To be eligible, the Service Credit Request must
- i. include your account email address,
- ii. include the dates and times of each incident of non-zero Error Rates that Customer claims to have experienced,
- iii. include your server request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with an asterisks) and
- iv. be received by CDNsun within forty-eight (48) hours of CDNsun’s suspected failure to provide 100% uptime under this SLA.
If CDNsun determines that the 30 Days Uptime Percentage applicable to the 30 Days Period of such request is less than 100%, then CDNsun will issue the Service Credit to Customer within one (1) month of the moment when CDNsun has received the request. Customer’s failure to timely provide the request and other information as required above will disqualify Customer from receiving a Service Credit.
SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of CDN Service, or any other CDN Service performance issues:
- i. scheduled, emergency or Customer requested service interruptions,
- ii. caused by factors outside of CDNsun's reasonable control, including any force majeure event or the Internet access or related problems beyond CDNsun's control, including any denial-of-service attacks on a single or multiple CDN edge servers,
- iii. that result from any actions or inactions of Customer or any third party,
- iv. that result from Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control),
- v. arising from our suspension and termination of service or Customers right to use CDN Service in accordance with CDNsun Terms of Service,
- vi. related to Customer maintenance, configurations, negligence, accidents or omissions or use of CDNsun’s network or services in breach of CDNsun Terms of Service or Acceptable Use Policy.
Under no circumstances will any tests performed by Customer, its vendors or partners be recognized by CDNsun as a valid measurable criterion of violation length, quality or type for the purposes of establishing a Service Credit hereunder. Failure of Customer to promptly inform CDNsun about changes in Customer’s contacts may result in a denial of Service Credit under this SLA. The SLA objectives contained herein do not apply to customers of the Customer. If availability is impacted by factors other than those used in our calculation of the Error Rate, CDNsun may issue a Service Credit considering such factors in our sole discretion.
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