SLA FOR CDN

Effective Date: This Service Level Agreement was last updated on March 1, 2017

Introduction

This (“WebMobi Networks”) (“SLA”) provides WebMobi Networks Customers (“Customer”) with certain rights and remedies regarding WebMobi Network’s services and content delivery network performance. This SLA applies only to WebMobi Networks Customers and applies only to the services that are directly provided by WebMobi Networks. WebMobi Networks provides a 99% performance based SLA that guarantee on Customer content that is stored and delivered on the WebMobi Networks content delivery network, or is stored on Customer equipment and delivered on the WebMobi Networks network. Subject to the terms and conditions of this SLA, WebMobi Networks will provide service credits for any failures to meet its stated uptime guarantee.

Definitions

  • “Content” means objects which are delivered from an WebMobi Networks cache server.
  • “Cache Server” means WebMobi Networks owned and operated servers for delivering Customer Content which are located on the WebMobi Networks global content delivery network at WebMobi Networks Points of Presence (POPs) or MultiCDN partners.
  • “Origin Server” means either WebMobi Network’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 WebMobi Networks partner CDN networks.
  • “Base Fee” consists solely of the base monthly fee paid by Customer for the WebMobi Networks 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

    WebMobi Networks provides 99% performance based SLA which guarantee Customers, covering the following items:

    (i) uptime of the WebMobi Networks network (i.e. the ability of Customer’s IP traffic to transfer to and from the Internet across WebMobi Network’s network infrastructure or via MultiCDN partners), and

    (ii) Customer Content uptime and availability. Subject to the terms, conditions and exceptions of this SLA.

Measurement

WebMobi Networks periodically (every (1) minute or more often) measure availability of WebMobi Networks POPs using pingdom.com. WebMobi Networks reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer.

Guarantee of Stream Quality

WebMobi Networks stream quality is measured using computerised monitoring of streams that originate from the WebMobi Networks service. WebMobi Networks makes best efforts to maintain a consistent stream quality and WebMobi Networks 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 WebMobi Networks service fall below the agreed acceptable level for the period of one calendar month, WebMobi Networks will issue as per table below:

Credits

97 - 99% 5%
95 - 97% 10%
90 - 95% 15%
Lower 50%
  • Services credits are NOT only applicable to Customer with budget plans or volume network.
  • SLA credit are only available for CDN bandwidth.
  • SLA credit are not applicable to ADD ON features.

Exceptions

Customer shall not receive any credits under this WebMobi Networks SLA in connection with any WebMobi Networks Service Outage caused by or associated with:

  • Circumstances beyond WebMobi Network’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 WebMobi Networks SLA.
  • DNS issues outside the direct control of WebMobi Networks.
  • 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 WebMobi Networks 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 WebMobi Networks services in breach of the WebMobi Networks Master Agreement or TOS or WebMobi Network’s Acceptable Use Policy.
  • False SLA breaches reported as a result of outages or errors of any WebMobi Networks measurement system.
  • Stream buffering occurring due to or associated with conditions outside of WebMobi Networks network or immediate control.
  • Failure of a service that is not covered or guaranteed by the WebMobi Networks SLA, including, but not limited to, the WebMobi Networks control center and the WebMobi Networks 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 WebMobi Networks 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 WebMobi Networks within thirty (30) days after the Service Outage in question has occurred, and the Service Outage must be able to be confirmed by WebMobi Networks measurement tools. Credit requests that are related to an SLA breach of WebMobi Networks 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 WebMobi Networks initial receipt of Customer’s request. Credits are exclusive of any taxes charged to Customer or collected by WebMobi Networks.

  • 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

Miscellaneous

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 WebMobi Networks published instructions for use of the Service. Improper use of WebMobi Networks Service will result in ineligibility for a Service credit. Service credits shall not be available for Customers that are in breach of the WebMobi Networks 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 WebMobi Networks.