Service Level Agreement - May 25, 2016

Last updated May 25, 2016.

Customer will be entitled to Service Credits as provided for in this Service Level Agreement (“SLA”) and upon Customer’s request, following the procedures set forth below. Any and all cases in which Azion fails to fulfill the Service Level Guarantees below are hereinafter referred to as “Service Failure.” Nevertheless, the Service Level Guarantees provided for herein will only be available to customers whose accounts are in good standing and who are not in breach of agreements, terms or other documents, including our Acceptable Use Policy and Documentation. The parties hereto hereby agree that a Service Credit will be Customer’s exclusive financial remedy for a Service Failure, unavailability, performance degradation or any failure by Azion to meet a Service Level, provided Customer is entitled to such credit as set forth herein.

1. Service Level Guarantees

Azion will use reasonable commercial efforts to ensure the Services are 100% available according to the Availability Metrics below and the terms hereof. Customer may, at Customer’s expense, choose a third-party Availability Monitoring Service previously approved by Azion or mutually agreed upon by the parties. In the event said third-party Availability Monitoring Service detects a Service Failure as defined in this SLA, Customer will be entitled to receive a Service Credit upon providing sufficient monitoring data according to the defined Service Credit Application procedure.

Availability Metrics

Service Availability will be expressed percentage wise as the total sum of Successful Deliveries, according to the definitions below for each service, over the total requests made within the billing period. The Availability of all services is to be measured from 5 (five) locations in different geographical regions of important metropolitan areas across the world where Azion has a Point of Presence (PoP) and through broadband networks.

Azion Content Delivery

The availability of Content Delivery, Cloud Storage, Load Balancer, Image Optimization, Application Acceleration, Adaptive Delivery, Edge Firewall, and Web Application Firewall (WAF) services is to be calculated according to the same rules and their respective features correctly set up on the Azion Real-Time Manager for the Test Object.

The Monitoring Service will execute a HTTP GET operation for the Test Object previously stored in the Azion Cloud Storage and through the corresponding Azion domain. Test Objects must be delivered with HTTP headers allowing cache and TTL (Time-to-Live, i.e. the time the object will remain cached in Azion servers) equal to or longer than 2 hours and size between 1KB and 10KB. The feature to be tested must be correctly set up on the Azion Real-Time Manager for the Test Object. The interval between requests will be 5 minutes at the least and 30 minutes at the most. In return, the Monitoring Service should expect a successful HTTP code (class 2xx status code) or “Not Modified” code (304 status code). A Service Failure will be deemed to have occurred when 2 consecutive test attempts have failed in all 5 regions at the same time, except for the situations provided for in the Service Guarantee Coverage Exceptions section. Otherwise, the event will be logged as a Successful Delivery.

Azion Media Packager

The Monitoring Service must execute a HTTP GET operation for the playlist of audio-type Test Object encoded in AAC, sized under 10MB and previously stored in the Azion Cloud Storage, in a bucket with a configured Media Packager, and through the corresponding Azion domain. The interval between requests will be 5 minutes at the least and 30 minutes at the most. In return, the Monitoring Service should expect a successful HTTP code (class 2xx status code). A Service Failure will be deemed to have occurred when 2 consecutive test attempts have failed in all 5 regions at the same time, except for the situations provided for in the Service Guarantee Coverage Exceptions section. Otherwise, the event will be logged as a Successful Delivery.

Azion Live Ingest

The Monitoring Service must execute a HTTP GET operation for a playlist of the previously configured Test Object to deliver a Live Signal obtained from the Azion Live Ingest product, through the corresponding Azion domain. The interval between requests will be 5 minutes at the least and 30 minutes at the most. In return, the Monitoring Service should expect a successful HTTP code (class 2xx status code). A Service Failure will be deemed to have occurred when 2 consecutive test attempts have failed in all 5 regions at the same time, save in case there is an interruption at the signal’s origin and for the situations provided for in the Service Guarantee Coverage Exceptions section. Otherwise, the event will be logged as a Successful Delivery.

2. Service Guarantee Coverage Exceptions

Failures resulting from the reasons below do not apply to this SLA, are not eligible for Service Credits, and are deemed Service Guarantee Coverage Exceptions: (i) factors beyond Azion’s control, such as natural disasters, wars or terrorist attacks, government actions preventing Azion from providing the Services, network or internet access failures or failures of devices not belonging to Azion POPs, including Customer equipment failures or failures between Customer’s equipment and ours; (ii) actions under Customer’s control, such as firewall blockage, disconnection from Azion Services, setup or content deactivation or exclusion by Customer or Azion at Customer’s request; (iii) suspension or termination of Customer’s Services or this Agreement; (iv) improper use or use in violation of our Service Acceptable Use Policy; (v) Peak Traffic, when defined in applicable Agreements or Work Orders; (vi) use of system Beta versions, when thus identified by Azion to Customer; (vii) unauthorized action by anyone having access to the Azion platform by means of Customer’s passwords or equipment. Additionally, except as otherwise agreed upon in writing by the parties, Service Level Guarantees do not apply during a maintenance window announced by Azion.

3. Service Credits

Service Credits are calculated as a percentage of the monthly payment¹ owed by Customer for the Service impacted by a Service Failure, according to the percentages defined below and subject to the criteria, terms and conditions provided for herein.

¹ For customers whose agreements are use-based (i.e. On Demand, without Reserved Capacity), Service Credits will be calculated as the percentage of the combined monthly amount paid by customer for the Service impacted by a Service Failure in the month to which said Service Failure applies.

Service Credits may not be transferred or assigned to any other account other than Customer’s, and are the exclusive financial remedy for any failure or unavailability by Azion with respect to the services provided. Service Credits may be used at the end of the Agreement or upon the renewal hereof to purchase any Azion services or as a discount, and the parties hereby agree that such credits do not entitle Customer to any reimbursement or other forms of payment by Azion. Under no circumstances whatsoever will Service Credits exceed the amount paid or owed by Customer for a given Service.

4. Service Credit Application Process

Customer must follow the procedures below to apply for Service Credits:

I. Filing deadline: Service Credit Applications must be submitted to Azion within 7 (seven) business days after a Service Failure event. Customer’s failure to notify Azion about an SLA violation and provide the other information required will preclude Customer from receiving said Service Credits.

II. Required Information: each Service Credit Application must include the following information: (a) name of Customer and name of impacted configuration; (b) name of Customer’s contact person and contact information; (c) date and time (including time zone) of Service Failure events, along with information on failures, regions used for the tests, test URL, and the feedback or timeout codes obtained; (d) the numbers of tickets opened with the Azion Support specifically about the issue, along with a brief description of the failure’s characteristics and metrics; and (e) the name of the Azion-approved third-party Monitoring Service used, as well as the logs and screens showing the failures.

III. Service Credit Application Process: Customer must submit the required information via ticket to the Azion Support. Azion will acknowledge all applications sent in by the deadline after the Service Failure and review all applications within 30 (thirty) business days after receiving them. Customer will be notified through the ticket whether a Service Credit has been granted or refused, as provided for in this SLA. In case it is refused, the notice will detail the grounds for such refusal.

Azion will look into all of the reasonably provided information and in good faith determine whether a Service Credit is owed.