CDN Service Level Agreement

1. Introduction

This EdgeNext CDN Service Level Agreement (“SLA”) applies to your purchase and use of the EdgeNext CDN Service (“Service”) and your use of the Service is subjected to the terms and conditions of the EdgeNext International Website Product Terms of Service (“Product Terms”) between the relevant EdgeNext entity described in the Product Terms (“EdgeNext”, “us”, or “we”) and you. This SLA only applies to your purchase and use of the Services for a fee that is directly provided by EdgeNext, and shall not apply to any free Services or trial Services provided by us.

2. Definitions

2.1“Content” means objects which are delivered from EdgeNext’s cache server.

2.2“Cache Server” mean the servers that EdgeNext owned and operated for delivering your Content which are located on EdgeNext’s global content delivery network at EdgeNext’s Points of Presence (POPs).

2.3“Origin Server” means either EdgeNext’s or your Internet web server where your Content is stored for retrieval by the Cache Servers.

2.4“Service Downtime” means an instance in which a service covered by the uptime guarantee is completely unavailable for more than 15 consecutive minutes.

2.5“Base Fee” consists solely of the base monthly fee paid by you for the CDN Services and excludes all other fees that might be paid by you, 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.

3. Guarantee Of Uptime

EdgeNext provides an uptime guarantee of 99.9% to you, covering the following items: (i) uptime of the EdgeNext network (i.e. the ability of your IP traffic to transfer to and from the Internet across EdgeNext’s network infrastructure), and (ii) your Content uptime and availability. Subject to the terms, conditions and exceptions of this SLA, EdgeNext will issue a Payment Discount to you for EdgeNext’s Service Downtimes in an amount equal to one day’s worth of the Base Fee paid by you, multiplied by each 24-hour period in which you experiences an EdgeNext Service Downtime during a particular month.

4. Measurement

All credits are calculated on the basis of a thirty (30) day month. EdgeNext will periodically (every fifteen (15) minutes or more often) measure Content availability by requesting representative Content from Cache Servers at selected EdgeNext’s POPs using software and hardware components capable of measuring traffic and responses at the selected POPs. EdgeNext reserves the right to periodically change the measurement points and methodologies it uses without notice to you.

5. Exceptions

5.1 To be eligible for a credit, You must follow EdgeNext’s published instructions for use of the Service. Improper use of EdgeNext’s Service will result in ineligibility for a Service credit. Service credits shall not be available for you that are in breach of the EdgeNext Product Terms.

5.2 You shall not receive any credits under this SLA in connection with any EdgeNext Service Downtime caused by or associated with:

(a) Force majeure.

(b) DNS issues outside the direct control of EdgeNext.

(c) Maintenance that has been scheduled and notified to you and does not last for more than 24 hours.

(d) Actions by you or others authorized by you to use the Services or your equipment or software or local access facilities ordered directly by you.

(e) Failure of power, facilities, equipment, systems or connections not provided by EdgeNext or its affiliates.

(f) EdgeNext’s or its affiliates’ inability to access your premises

(g) Acts or omissions of third Parties that are not affiliated with EdgeNext.

(h) False SLA breaches reported as a result of Downtimes or errors of any EdgeNext’s measurement system.

(i) The origin server becoming unreachable by the EdgeNext platform.

(j) Stream buffering occurring due to or associated with conditions outside of EdgeNext’s network or immediate control.

(k) Failure of a service that is not covered or guaranteed by this SLA, including, but not limited to, the EdgeNext’s control center and the EdgeNext’s reporting system.

(l) SLA credits will only be issued to you who have paid in full for services covering the time period within which the credit has been requested.

6. Credit Request And Payment Procedures

In order to receive a payment discount on Downtime under this SLA, you must make a request by submitting the request in writing via email to support@edgenext.com. All requests must include  your contact name, email address, phone number, company name, the date(s) of the Service Downtime, and a description of the reason for the payment discount request. Each request in connection with a breach of this SLA in a particular calendar month must be received by EdgeNext within thirty (30) days after the Service Downtime in question has occurred, and the Service Downtime must be able to be confirmed by EdgeNext’s measurement tools. Each valid payment discount will be applied to an invoice of you within two billing cycles after EdgeNext’s initial receipt of your request. Payment discounts are exclusive of any taxes charged to you or collected by EdgeNext.

7. Additional Terms

7.1 In the event of any inconsistency between yours and our system records relating to your claim, unless the discrepancy is caused by any material error or malfunction of our system, our system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to you.

7.2 Notwithstanding any provision otherwise in this SLA or the EdgeNext Product Terms, this SLA sets for your sole and exclusive remedy for Service Downtime or other service-related issue for a Service provided by us and we shall not be liable to you or any person claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise. Notwithstanding anything in this SLA to the contrary, the total amount credited to you in connection with any calendar month will not exceed the Base Fee paid by you for such month.

7.3 We reserve the right to change the terms of this SLA anytime by posting an amended and restated version of this SLA on the EdgeNext International Website. Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.

7.4 This SLA shall constitute part of your agreement for your purchase and use of the Service.