Fileburst’s Service Level Agreement declares that the Fileburst Network will be available 100% of the time. If Fileburst fails to meet this SLA during any given calendar month, Customer’s account will be credited.
Upon Customer’s request, Fileburst will issue a credit to Customer for Network Outages in an amount equal to one day’s worth of the Monthly Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.
* “Fileburst Network” means the Fileburst operated content delivery equipment.
* “Network Outage” means a period of time that the Fileburst Network was not available to deliver content to
the internet for 5 minutes or more.
* “Monthly Fee” consists solely of the base monthly fee paid by Customer for the affected Fileburst service.
Customer shall not receive any credits under these SLAs in connection with any failure or deficiency caused by or associated with:
* Scheduled maintenance
* Circumstances beyond Fileburst’s reasonable control (”Force Majeure”), including, without limitation, acts of
any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability 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 provision of the Fileburst SLAs;
* Failure of access circuits to the Fileburst network, unless such failure is caused solely by Fileburst;
* False SLA breaches reported as a result of outages or errors of any SLA measurement system; or
* Acts or omissions of Customer (or user of Customer’s services), including without limitation, any negligence,
willful misconduct, or breach of Fileburst’s Acceptable Use Policy.
CREDIT REQUEST AND PAYMENT PROCEDURES:
* Each request in connection with a Network Outage must be received by Fileburst within thirty (30) days of
the date the SLA was not met.
* Each valid credit will be applied to an invoice of Customer no later than two billing cycles after Fileburst’s
receipt and verification of Customer’s request. Credits are exclusive of any applicable taxes, duties, fees,
or surcharges imposed by any controlling taxing authority.
* The total amount credited to Customer shall not exceed the Monthly Fee paid by Customer for such month.