| Smart Content Delivery™ SLA |
- Application of NTT America, Inc. (NTT America) Smart Content Delivery SLA
These NTT America (NTT America) Smart Content DeliveryTM Service Level Agreements (SLAs) provide Customers with certain rights and remedies regarding NTT America's Smart Content Delivery ("SCD") performance. This NTT America SCD SLA applies only to SCD Customers and applies only to the SCD portion of the Services that Customer receives from NTT America
- Definitions
For purposes of this NTT America SCD SLA, the following terms have the meanings set forth below:
- "SCD Content" means cacheable objects (as defined below) which are delivered to a SCD cache server.
- "Cache Servers" means NTT America owned and operated servers for delivering SCD Content which are located on the NTT America Global IP Network at selected NTT America points of presence ("Selected POPs") (i) within the United States and the connections between them in the forty-eight continental United States (the "North American Network"), (ii) within Europe and the United States and the Trans-Atlantic connections between such Selected POPs (the "Trans-Atlantic Network") and (iii) within Asia and the United States and the Trans-Pacific connections between such Selected POPs (the "Trans-Pacific Network").
- "SCD Service Outage" means an instance in which no SCD Content is delivered for more than 15 consecutive minutes.
- "Origin Server" means Customer's Internet web site server.
- "Cacheable Object" means any web object designated by Customer on its Origin Server as being cacheable.
- "Base Fee" consists solely of the base monthly fee paid by Customer for the SCD service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for Internet access and local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under NTT America's standard rates, hourly support charges, and other types of optional additional services.
- NTT America SCD Availability
NTT America's goal is to deliver SCD Content 100% of the time. Subject to Sections 5 and 6 below, upon Customer's request, NTT America will issue a credit to Customer for SCD Service Outages in an amount equal to one day's worth of the Base Fee paid by Customer, multiplied by each 24-hour period in which Customer experiences a SCD Service Outage during a particular month.
- Measurement
NTT America will periodically (on average every 15 minutes) measure SCD availability by requesting representative Cacheable Objects from Cache Servers at Selected POPs using software and hardware components capable of measuring traffic and responses at such Selected POPs. . NTT America reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer.
- Exceptions
Customer shall not receive any credits under this NTT America SCD SLA in connection with any SCD Service Outage caused by or associated with:
- circumstances beyond NTT America's reasonable control, 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 NTT America SCD SLA;
- failure of access circuits to the NTT America Backbone, unless such failure is caused solely by NTT America;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of NTT America;
- Customer's Origin Server is not available;
- false SLA breaches reported as a result of outages or errors of any NTT America measurement system; or
- Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the NTT America services in breach of NTT America's Terms and Conditions of Service or NTT America's Acceptable Use Policy.
- Credit Request and Payment Procedures
In order to receive a credit under these SLAs, Customer must make a request therefore by accessing and following the credit request procedures set forth at http://us.ntt.net/support/sla/credit.cfm. Each request in connection with a breach of the above-referenced SLAs in a particular calendar month must be received by NTT America within seven (7) days after the end of such month. Each valid credit will be applied to an invoice of Customer within two billing cycles after NTT America receipt of Customer's request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT America.
Notwithstanding anything in this NTT America Smart Content Delivery SLA to the contrary, the total amount credited to a Customer in connection with in any calendar month will not exceed the Base Fee paid by Customer for such month.
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