This service-level agreement (SLA for short) regulates the use of the service under our Terms of Service. Optimal CDN reserves the right to change the terms of this SLA at any time in its sole discretion, in accordance with our Terms of Service. This SLA is the only and exclusive remedy for any breach by Optimal CDN to fulfill their Terms of Service.
If Optimal CDN does not meet this SLA during any calendar month, by customer request will be credited the amount equal to the value of an average day monthly fee paid by the customer for service interruptions in content distribution. It is called outage when the distributed content becomes inaccessible to Internet users from more than 10 minutes continuously. The set of interruptions occurring within the same hour on the same day will be considered as a single event. The total amount credited to the customer shall not exceed the average monthly fee paid by the customer.
Each application in relation to a service interruption must be received by Optimal CDN within thirty (30) days from the date the SLA was not met. Each credit will be applied to the customer's bill in the next billing cycle after reception and verification of the customer's request from Optimal CDN. The credits do not include any tax applicable by any taxing authority.
The customer will not receive any credit under this SLA in relation with any failure or deficiency caused by or related to: - Circumstances beyond reasonable force majeure or control, including, without limitation, acts of any governmental institution, war, insurrection, sabotage, impound, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, lack of availability 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 the service. - The failure of third party access circuits to access Optimal CDN servers, unless such failure is caused solely by Optimal CDN. - The acts or omissions of the customer (or users of customer services), including, without limitation, any negligence, willful misconduct or breach the acceptable use of the service according to our Terms of Service.
AVAILABILITY OF SERVICE
The content distribution services will be available to Internet users at least 99.95%. Optimal CDN will use reasonable efforts to provide content distribution services 24 hours a day, 7 days a week for as long as you've paid for it, subject to interruptions and planned network maintenance. All locations of servers provided by Optimal CDN are subject to change at our discretion. Sometimes, however, for a number of reasons, the services may not be available to you. You acknowledge and agree that the lack of availability of services can occur. We make no representation or warranty that the services will be uninterrupted. If not explicitly stated in writing by Optimal CDN, there is no commitment to a minimum service-level agreement. Although we will endeavor to restrict maintainance in peak times, this is not always possible. Keep in mind, unless specified in writing by Optimal CDN, we do not undertake to provide support outside normal office hours. Optimal CDN will provide basic support. Support to specific services during regular business hours, depending on the package or service purchased by the customer and may charge additional fees for support exceeding the basic support. Mission critical applications are covered by 24x7 support. One issue becomes critical when the content distributed by Optimal CDN becomes inaccessible to Internet users.