FlashEdge Service Level Agreement
Last Updated: January 25, 2024
This FlashEdge Service Level Agreement (“SLA”) is a policy governing the use of FlashEdge under the terms and conditions of the FlashEdge Service Agreement (the “Agreement”) between StormIT Europe s.r.o. and its affiliates (“Stormit”, “us” or “we”) and users of FlashEdge services (“you”).
This SLA applies separately to each account using FlashEdge. Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the Agreement.
Service Commitment
Stormit will use commercially reasonable efforts to make FlashEdge available with a Monthly Uptime Percentage (defined below) of at least 95% during any monthly billing cycle (the “Service Commitment”). In the event FlashEdge does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Definitions
- “Error Rate” means: (i) the total number of internal server errors returned by FlashEdge divided by (ii) the total number of requests during that five minute period.
- We will calculate the Error Rate for each FlashEdge account as a percentage for each five minute period in the monthly billing cycle.
- The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the FlashEdge SLA Exclusions (as defined below).
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle.
- A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
Service Credits
Service Credits are calculated as a percentage of the total charges paid by you for FlashEdge for the billing cycle in which the error occurred in accordance with the schedule below.
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 95% but greater than or equal to 90% | 10% |
| Less than 90% but greater than or equal to 87% | 25% |
| Less than 87% | 100% |
We will apply any Service Credits only against future FlashEdge payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card or the bank account you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from Stormit. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide FlashEdge is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by email to support@flashedgecdn.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each incident of non-zero Error Rates that you are claiming; and
- your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 95%, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
FlashEdge SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of FlashEdge, or any other FlashEdge performance issues:
- (i) that result from a suspension and termination described in the Agreement;
- (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of FlashEdge;
- (iii) that result from any actions or inactions of you;
- (iv) that result from your equipment, software or other technology;
- (v) that result from exceeding usage limits stated in the FlashEdge documentation;
- (vi) or that result from use of an origin server other than Amazon S3 (collectively, the “FlashEdge SLA Exclusions”).
If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.