CacheFly’s Service Level Agreement declares that the CacheFly Network will be available 100% of the time. If CacheFly fails to meet this SLA during any given calendar month, Customer’s account will be credited. Upon Customer’s request, CacheFly will issue a credit to Customer for Network Outages in an amount equal to one day’s worth of the MRC paid by Customer, multiplied by 10 minute period (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.
DEFINITIONS
CacheFly Network will mean the CacheFly owned and operated Content Delivery equipment.
Network Outage is defined as a period of time that the CacheFly Network was not available to deliver content to the internet for 2 or more consecutive 2 minute periods.
Monthly Recurring Charge will consist solely of the base MRC paid by Customer for the affected CacheFly service.
EXCEPTIONS
Customer shall not receive any credits under these SLAs in connection with any failure or deficiency caused by or associated with:
- Circumstances beyond CacheFly reasonable control (“Force Majeure”), including, without limitation, 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 CacheFly SLAs
- Failure of access circuits to the CacheFly network, unless such failure is caused solely by CacheFly
- False SLA breaches reported as a result of outages or errors of any SLA measurement system
- Acts or omissions of Customer (or user of Customer’s services), including without limitation, any negligence, willful misconduct, or breach of CacheFly Acceptable Use Policy.
CREDIT REQUEST AND PAYMENT PROCEDURES
- Each request in connection with a network outage must be received by CacheFly within thirty (30) days of the date the SLA was not met.
- Each valid credit will be applied to an invoice of the customers no later than two billing cycles after CacheFly receipt and verification of Customer’s request. Credits are exclusive of any applicable taxes, duties, fees, or surcharges imposed by any controlling taxing authority.
- The total amount credited to the customer shall not exceed the MRC paid by the customer for such month.
