By using the secure content delivery service, you are agreeing to be bound by the terms of this agreement and the policies.
This Service Level Agreement for Secure Content Delivery is governed by the terms of the StackPath Master Service Agreement, which is fully incorporated herein by reference. All capitalized terms not otherwise defined in this SLA, are as defined in the Master Service Agreement.
“Agreement” means the contract formed between You and Us when You use a Service or place an Order, the terms and conditions of which are comprised of (in order of precedence): the StackPath Master Service Agreement (“MSA”), the SLA for the Service used and terms of any Order.
”"We," "Us" or "Our" means StackPath, LLC a Delaware limited liability company or its subsidiaries with whom You are contracting.
"You" or "Your" means the company or other legal entity using the Service(s), and Affiliates of that company or entity named in the Order.
"Performance Errors" means the CDN Service is not responding to end user requests or is sending incorrect partial content to end users.
"Degraded Performance" means You are unable to use the CDN Service due to Performance Errors resulting from the inability of Our facilities, equipment or personnel to provide the CDN Service and the Performance Errors meet all of the following conditions: (1) are caused by issues under Our Control, (2) are observable or reproducible by both parties, and (3) require You to redirect traffic of the CDN Service. Degraded Performance does not include any reduction on availability due to any planned interruption or routine or emergency maintenance. Degraded Performance excludes Performance Errors caused or contributed to by: (i) the fault or negligence of You or Your contractors, agents, representatives, or users; (ii) the failure of interconnecting facilities or other equipment not part of Our CDN Service or facilities or not within Our Control.
“Uptime” is the availability percent, which means 100.00% less the percentage of time within a given month in which the CDN Service has experienced Degraded Performance. (For example, 100.00% - 0.05% of Degraded Performance in a given month = 99.95% Uptime)
"Our Control" means elements entirely under Our control and not a consequence of (a) Your hardware or software failures, (b) Your or end user connectivity issues, (c) operator errors, (d) a Utilization spike (see below), (e) corrupted Content, (f) acts of god or war, or earthquakes, or terrorist actions.
“CDN Service” means Secure Content Delivery services provided by Us.
Following (1) a period of Degraded Performance longer than 7.2 hours in any one month, or (b) three contiguous months that have periods of Degraded Performance longer than 44 minutes each, You may terminate for cause in accordance with the MSA. Any termination will be effective on the next billing cycle and subject to the Credit Terms herein and the MSA.
If You provide written notice within thirty (30) days of the occurrence of a suspected Degraded Performance, You may be entitled to a credit in accordance with this SLA and the MSA in accordance with the following table:
The credit is a one-time credit calculated on the monthly usage charge of the affected Service for the month in which the Degraded Performance occurred.
The maximum amount of any credit is 50% of the invoice amount for the month in which the Degraded Performance occurred. A pending credit does not release You from your obligation to pay invoices in full when due. A credit will be applied to a future invoice within 60 days following Our approval of the credit.
You must be an active customer and current on all payments due to in the month in which the credit is to be applied. Credit is only available to be applied against invoiced amounts, and will not be paid as a refund or in cash.
The terms of this CDN Service Level Agreement may be updated at any time in Our sole discretion by posting a revised version on the Site and in accordance with the MSA.