This Service Level Agreement (“SLA”) contains terms and conditions that apply to the Services provided by StackPath. The terms contained herein are in addition to, and not in lieu of, the terms in the StackPath Master Service Agreement (“MSA”) and Order. In the event of a conflict between the terms of this SLA and an Order, the terms of the SLA shall control. This SLA applies to the Services described in Section 1.2.
1. Service Level Warranty
1.1. Service Credit.
StackPath will provide Service Availability for the StackPath network of 99.99%. If Service Availability falls below this level, StackPath will issue a credit to Customer in accordance with this SLA (a “Service Credit”). The amount and method of calculation of Service Credit(s) is described in clause 1.5.
For purposes of this SLA, “Service(s)” means the individual services offered by StackPath as part of its product offering as described on the Site for which Customer has placed an Order for and purchased from StackPath. Some product offerings, such as DDoS Service and Server Monitoring Service, do not have an SLA.
Capitalized terms used in this SLA and not defined have the meanings ascribed in the MSA.
“Service Availability”?means the ability of Customer to transmit and receive Customer Content via the StackPath network.
“Downtime”?means the amount of time Customer’s Content was not served in a 24 hour period, subject to clause 1.6.
“Downtime Period”?is the number of Downtime minutes in the month.
“Scheduled Availability”?is the total number of minutes in the month minus: (i) any Customer Planned Outage; (i) outage caused by the Downtime Exclusions; or (iii) any other outage which does not constitute Downtime.
“Customer Planned Outage”?is an outage specified by Customer that is to be excluded from any calculation of a Downtime Period. This applies to any time Customer requests Service access suspended from their environment.
“Affected Customer Ratio”?is calculated as follows:
“Amount of Bandwidth Served by Affected PoP”?means the Daily sum of all objects successfully served by the PoP affected by the outage.
“Availability Percentage for Affected PoP”?is the affected PoP’s Daily available time as reported by the applicable third party monitor. Example: If a third party monitor reports 260 “available” test results out of 288 for the outage Day, this is a 90% availability percentage for the affected PoP.
“Amount of Bandwidth Served Globally”?is the sum of the size of all objects successfully served by all PoPs globally during the Downtime Day for Customer.
“Day”?or?“Daily”?means each period of time commencing at 0000 Coordinated Universal Time (“UTC”) and terminating at 2400 UTC on the same calendar day
1.4.??StackPath will maintain measurement tools for the determination of compliance with the above-mentioned Service Availability (“Tools”), and while Customer may also maintain such, StackPath’s measurements, except in the case of manifest error, shall be the singular basis for determining compliance or non-compliance with the Service Availability set forth herein.
1.5??A?maximum of thirty (30) Service Credits will be issued per Service, per month. Service Credits are the sole and exclusive remedy for any claims related to Service Availability under the Agreement. Service Credit(s) will only be calculated against the monthly recurring fee associated with the applicable Service for that month. For validated claims for Downtime, a Service Credit is calculated as follows:
1.6?A Service Credit shall not be issued, and this SLA shall not apply, if (i) Customer has not paid any undisputed amounts due under the MSA (Customer agreeing not to unreasonably dispute any amounts due); or (ii) a claim for Service Credit is caused in whole or in part by any of the following (“Downtime Exclusions”):
- Hardware, software or services not provided by StackPath;
- Actions or inactions of Customer or third parties;
- Customer’s use of a Service after having been advised to modify or cease its use of a Service, if Customer did not comply as advised;
- Customer’s failure to open a support ticket to report any specific Service performance issue;
- During beta and trial Service or any unpaid use of Service by Customer;
- Acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to StackPath’s Service by means of Customer’s authorized users’ accounts or equipment; or
- Factors outside of StackPath’s reasonable control.
1.7??Downtime is measured in five (5) minute intervals, based on a minimum of fifty (50) nodes and a minimum of three (3) discrete networks which demonstrate that StackPath did not serve Customer’s Content via the StackPath network.
1.8.Claims for Service Credits must be submitted not later than thirty (30) days after the last day of the month in which the outage time occurred. Each claim must include: (1) Customer name; (2) Customer contact name and contact information; (3) date and beginning/end time of outage or SLA item; (4) a report from a measurement tool stating the basis for the SLA claim; and (5) the StackPath support ticket number opened in relation to the performance issue and brief description of the characteristics of the SLA item. Required information must be submitted via https://control.stackpath.com. Approved credits will be applied to Customer’s invoice within sixty (60) days of Customer’s credit request submission.
1.9??Scheduled or emergency maintenance (including temporary suspension of a Service) to maintain or modify the network or the Services shall not be counted as outage time. StackPath reserves the right to modify its network, system configuration or routing configurations at any time without prior notice to Customer. StackPath may, at its sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the Network or in equipment used to deliver any Service over the Network, provided that there is no material adverse effect on the ordered Service.
For general support issues, please submit a ticket for StackPath’s Support team by written electronic request via Live Chat on?https://control.stackpath.com. To report critical support issues, Customer should call StackPath (24×7 Support) at 1-877-629-2361 or 1-323-313-1206 immediately after the service performance issue arises.
2. Supplemental Service Schedule
1. Services Provided.?Subject to the limitations and restrictions set forth in this Agreement, StackPath agrees to enable Customer or Customer’s end users to distribute Customer Content via StackPath’s Network (“Content Distribution Services”) and, if ordered by Customer, to store Customer Content (“Storage Services”) (Content Distribution Services and Storage Services shall be referred to collectively herein as the “CDN Services”).
2.??Monthly Charge; Per Service Usage Charge.?Customer shall pay the Monthly Charge (also referred to as the “Monthly Minimum Usage Charge” in this Schedule), the Per Service Usage Charges (also referred to as the “Monthly Bandwidth Charge” and, if ordered by Customer, the “Monthly Storage Charge”), and the Spike Charge, as such terms are defined and calculated below. The number of GBs transferred or stored will be calculated using 1,000,000,000 bytes as the definition of a “GB.”
2.1??The “Monthly Minimum Usage Charge” shall be calculated by multiplying the number of units set forth in the Order for the Service by the applicable unit price.
2.2??The “Monthly Bandwidth Charge” shall be the Monthly GB Burst Charge and the Monthly Mbps Burst Charge, or the sum of both, as applicable, which are determined as follows
a.??For Content Distribution Services, if the Order sets forth units measured on a per GB transferred basis, Customer will be charged based on the amount of GB transferred for each month for such Service. The number of GBs transferred through such Service shall be calculated by StackPath each month (the “Monthly GB Usage”). Customer traffic for purposes of invoicing will include all egress traffic related to such Service. If the Monthly GB Usage is greater than the number of units for the Service, then the difference between the Monthly GB Usage and the number of units specified in the Order for the Service shall be multiplied by the specified Burst Rate for the Service, and the resulting product shall be the “Monthly GB Burst Charge.”
b.??For Content Distribution Services, if the Order sets forth units measured on a per Mbps basis, Customer will be charged based on the Mbps usage for each month for such Service. StackPath shall calculate the total amount of megabits transferred for such Service at each PoP in a calendar month (the “Monthly PoP Usage”). The sum of all Monthly PoP Usages for a month shall be that month’s “Monthly Traffic Usage” for such Service. If the Monthly Traffic Usage is greater than the number of units specified in the Order for the Service, then the difference between the Monthly Traffic Usage and the number of units specified in the Order for the Service shall be multiplied by the specified Burst Rate for the Service, and the resulting product shall be the “Monthly Mbps Burst Charge.” Customer’s usage of such Service, for egress of traffic related to the Service, will be sampled every 5 minutes for the previous five minute period on each PoP.