CDN SLA

SERVICE LEVEL AGREEMENT concerning CDN

hereinafter ‘SLA’

The purpose of this document is to describe and define the applicable Service Levels that the Supplier provides to the Customer regarding Services. Supplier does not, implicitly or explicitly, undertake to achieve or warrant any Services results. If there is an eligible Service Level breach, as further defined in this SLA, the Customer may request the applicable SLA Credit following the process and within the time period stated below.

1. Service description

Content Delivery Network (hereinafter – “CDN”) Service is a distributed infrastructure for delivering digital content (webpages, files, media, etc.) from edge servers geographically closer to end users to ensure faster load times and improved reliability. The SLA covers the availability of the CDN Service.

2. Calculation of SLA Credits

Monthly uptime measurements exclude unavailability resulting directly or indirectly from any SLA exclusion.

Service Level availability is measured by the availability of resources included in a given Service and covered by the SLA. The supplier’s performance will be evaluated against these metrics.

Availability = (Total Period Time – Downtime) / Total Period Time * 100%

• Total Period Time: the number of minutes in a calendar month, during which the SLA is calculated. If the resource exists (contracted) for only part of the month, availability is calculated over the portion of the month during which it existed.
• Downtime: the amount of time, in minutes, during which the respective Services are not available, taking into account all the exceptions described in this document.

Service credits are calculated as a percentage of the charges paid by the Customer for the Service in the given month. 

3. Service Level CDN uptime 

Description. CDN Service using complex infrastructure to ensure a reliable approach to Customers’ content delivery. The Supplier will use commercially reasonable efforts to ensure that CDN is stable and Customer’s content will be delivered in the best possible way.

Service Level	SLA Credit
99.5% – 99.95%	5% monthly* bill
99.0% – 99.5%	10% monthly* bill
Less than 99.0%	15% monthly* bill

*– Billing Month for Credits: If the incident occurs in a partially completed billing month, SLA credits will be calculated based on the last full calendar month prior to the incident.

Calculation example. There was one episode of 120-minute CDN service unavailability in February, resulting in 99.73% Service Level. The monthly CDN service bill for February received in January was $5000. Based on the SLA, the Сustomer will get a $250 (5% of $5000) credit for CDN usage in the next month (March).

Demarcation. A breach of the Service Level is recognized only if the content becomes fully inaccessible to end users worldwide due to a total failure of the Supplier’s CDN core infrastructure, including origin pull or edge delivery functions across all regions. Failures restricted to a particular region or caused by third-party factors (e.g., ISP, DNS, user device) are explicitly excluded.

Definition of Unavailability:

Unavailability of the CDN Service is defined as a period of continuous inability to deliver the Customer’s content to end users due to a complete and verifiable failure of the Supplier’s CDN infrastructure. Partial degradation, reduced speed, or regional unavailability are not considered Unavailability for SLA Credit purposes unless they result in full interruption of content delivery in all locations worldwide.

Compliance. 

To comply with this SLA and ensure the stable operation of the CDN Service, the Customer agrees to:

• Use the CDN Service solely for its intended purpose and in accordance with the terms of the Agreement;
• Ensure availability, configuration, and compatibility of their origin servers, including their availability, redundancy, and compliance with standard HTTP/HTTPS protocols;
• Do not use the CDN to distribute malicious, prohibited, or otherwise unlawful content that violates applicable laws or the Supplier’s Acceptable Use Policy;
• Follow technical recommendations issued by the Supplier; 
• Refrain from actions that may impact the stability or security of the CDN Service, including excessive load or performance testing without the Supplier’s prior written consent.

Failure to comply with these obligations may result in the denial of SLA Credits, temporary suspension of access to the Service, or other measures as defined in the Agreement and applicable law.

4. Maintenance

It is crucial to execute maintenance of software and hardware to provide service with high availability. Maintenance may be performed and initiated by the data сenter, providers, the Supplier, or third-party partners involved in the supply chain. Supplier shall use commercially reasonable efforts to ensure that most of the maintenance is planned with minimum impact on the provided services. All possible maintenance is divided into two types:

Planned maintenance is a scheduled, proactive approach to maintenance that is based on an analysis of the equipment’s historical performance. If the maintenance will or may cause service interruption, the Supplier must notify the Customer of the upcoming maintenance at least 72 hours before. 

Emergency maintenance is usually conducted when something malfunctions or stops working, which negatively affects the quality of the Services, may cause or has caused interruption of Services, losses, or damages for the Supplier or data center, including but not limited to losses of anticipated profits, losses of revenue, or losses of data, and needs to be fixed as soon as possible. Due to such maintenance’s unpredictable nature, the Supplier must notify the Customer at least 15 minutes before the maintenance window.

5. SLA Credit Process 

5.1. Notice of Service Level breach
A Service Level breach may be reported by either the Supplier or the Customer. To report a Service Level breach, the Customer should submit a ticket, but no later than 1 hour after a Service Level breach has occurred. The duration of the Service Level breach will be calculated from when the trouble ticket is opened until the restoration time noted in the respective trouble ticket.

5.2. Request for SLA Credit

To request an SLA Credit, the Customer must submit a written support request within seven (7) calendar days of the relevant Service Level breach occurring.

5.3. Application of SLA Credit

SLA Credits will be applied as a credit towards the Customer’s monthly bill due for the immediately following month of the Order term. SLA Credits are a Customer’s sole, full, and exclusive remedy for Service Level breaches.

SLA Credits can only be used in relation to the service for which these credits were received. If the Customer Service Term for the Service expires or is terminated before the issuance of an SLA Credit, the SLA Credit will become void as of the expiration date or termination.

5.4. Ineligible Causes and Exclusions

SLA commitments and the remedies described herein do not apply to service interruptions or Service Level breaches associated with or caused by:

5.4.1. Planned, emergency, or Customer-requested service interruptions or maintenance windows;

5.4.2. A claim based on Customer or third-party measurements that have not been verified by the Supplier;

5.4.3. Acts or omissions of anyone other than Supplier, including (a) Customer; (b) Customer’s customers, employees, contractors, agents, or others acting on Customer’s behalf; or (c) third-party carriers or other third-party service Suppliers;

5.4.4. Events beyond Supplier’s reasonable control, including Force Majeure Events;

5.4.5. An event of casualty or condemnation;

5.4.6. During any period that the Customer is in default at the time a Service Level breach occurred or an SLA Credit is requested;

5.4.7. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround);

5.4.8. Failure to comply with Supplier instructions and service requirements;

5.4.9. The Customer performs any risk assessment services, including but not limited to penetration tests and internal or external vulnerability assessments, without the Supplier’s prior written consent;

5.4.10. The Customer performs any performance benchmark testing that may impact shared service users, including but not limited to LAN/WAN bandwidth throughput, storage subsystem, and CPU benchmarking, without the Supplier’s prior written consent.

5.4.11. Customer-side misconfiguration, abuse, or violation of the Acceptable Use Policy;

5.4.12. Interruptions, malfunctions, or unavailability caused by third-party service Suppliers or networks outside the Supplier’s control.

5.5. Maximum aggregate monthly SLA Credit and Multiple Service Level breaches

The aggregate of all SLA Credits applicable to SLA violations occurring in any particular calendar month shall be limited to a maximum of the then-current 30% monthly bill for such month.

In addition to the foregoing, Service Level commitments and remedies described herein do not apply to anyone other than a Customer with a current and valid agreement with the Supplier.