Service Level Agreement for OptimiCDN Cloud Compute

OptimiCDN commits that OptimiCDN Cloud Compute will be available 99,95% or more of the time in given calendar month.

Last modified: July 1st, 2014

This Service Level Agreement (“SLA”) sets expectations between the Parties concerning the levels of Cloud Compute service to be provided by OptimiCDN. This SLA is attached to and incorporated by reference into the Service Order Form signed by Client and OptimiCDN Limited and is subject to all terms and conditions set forth in the Agreement referred to herein. Capitalized terms used and not defined herein shall have the meanings given to them in the Agreement.

1. OptimiCDN guarantees that Cloud Compute's Service Availability shall be 99.95%. OptimiCDN refers to OptimiCDN's Cloud Compute service and does not refer to peripheral or separate services, such as but not limited to: the OptimiCDN Cloud management console, OptimiCDN Multi-CDN, OptimiCDN CDN, OptimiCDN Cloud Block Storage, or OptimiCDN Cloud Object Storage.

2. A “Service Credit” is calculated based on the percentage availability in a given monthly billing period as follows (credit amounts expressed as a percentage of the fee for the affected Service):

Monthly Availability % (for given billing cycle) Credit to Bill for OptimiCDN CDN
100% to 99,95% N/A
<99,95% to 99,9% 5%
<99,9% to 99,5% 10%
<99,5% to 99% 20%
Less than 99% 30%


3. "Monthly Availability %" is calculated on a monthly basis, as 100% minus: i) Total Instance Downtime Minutes, divided by ii) Total Instance Minutes.

"Total Instance Minutes" is defined as the aggregate amount of time all instances are running for a customer during a given month.

"Total Instance Downtime Minutes" is calculated as the sum of each instance's downtime minutes, during the course of a month. For each instance, "Downtime Minutes" are accrued starting at the beginning of the first 6 minute interval during which the instance was Inaccessible and the user was unable to launch a replacement instance, and continue until the ability to launch a replacement instance is restored, including the time that would be required for a replacement instance to become accessible.

"Inaccessible" means that the operating system in the replacement instance could not respond to API or network requests, despite proper security group configuration, for 6 minutes or more.

To be eligible for a service credit a Client must be running or trying to run instances during the period of time when the customer's instances were inaccessible.

4. To receive a Service Credit, Client must submit a request by sending an email message to legal@optimicdn.com not later than thirty (30) calendar days after the last day of the month in which the applicable failure of the SLA occurred. Each claim must include the following information: (1) Client name; (2) Client contact name and contact information; (3) date and beginning/end time of downtimes or failed SLA; (4) a report from a measurement tool stating the basis for the failed SLA; and (5) the specific OptimiCDN support ticket number opened in relation to the performance issue and brief description of the characteristics of the failed SLA. OptimiCDN will acknowledge all claims within five (5) business days and will review all claims within ten (10) business days of receipt. Client will be informed by email whether the appropriate Service Credit claim will be granted or rejected. If rejected, the notification will specify the basis for rejection.

To be eligible, the credit must:

  • a) Include dates and times of each incident of non-zero error rates that Client claims to have experienced;
  • b) Include Client’s server request logs that document the error and corroborate the claimed outrage (any confidential or sensitive information in these logs should be removed or replace with asterisks); and
  • c) Be received by OptimiCDN within thirty (30) calendar days after the last day of the month in which the applicable failure of the SLA occurred

Client is not entitled to a service credit if it is in breach of its Agreement with OptimiCDN, including its payment obligations.

4. OptimiCDN reserves the right to change, amend, or revise this policy at any time upon notice to Client.

5. THE SLA SET FORTH IN THIS AGREEMENT SHALL APPLY ONLY TO THE SERVICE DESCRIBED HEREIN AND DO NOT APPLY TO ANY OTHER SERVICE. THIS AGREEMENT STATES CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY OPTIMIWAY TO PROVIDE THE SERVICE DESCRIBED HEREIN AND ANY BREACH BY OPTIMIWAY OF ANY OF THE SLAS SET FORTH HEREIN. CLIENT’S RIGHT TO RECEIVE CREDITS AND REFUNDS AS DESCRIBED IN THIS SLA IS CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY OPTIMIWAY TO MEET THE GUARANTEES AND WARRANTIES PROVIDED HEREIN.

6. Service Credits will not be granted for Client downtimes resulting from denial of service attacks, virus attacks, hacking attempts, or any other circumstances that are not within the direct control of OptimiCDN.

7. This Service Level Agreement does not apply to any downtime, suspension, or termination of any OptimiCDN services: (i)that result in account suspension or termination due to breach of the Client Agreement; (ii)caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of OptimiCDN controlled datacenters;(iii)that result from any actions or inactions of the Client or any third party; or (iv) that result from Client's equipment, software or other technology and/or third party equipment, software or other technology (other than those which are under OptimiCDN direct control).