|Agreement Type||Unpaid Account||Month-to-Month Account||Termed Contract||Gold & Enterprise Support|
|Service Level Agreement||None||None||Termination Option||Invoice Credits + Termination Option|
"Degraded Performance" means the Services are experiencing Error Conditions that are (1) caused by issues under Fastly Control, (2) observable or reproducible by Subscriber or Fastly, (3) requiring Subscriber to redirect traffic off the Services. Degraded Performance does not include any reduction on availability of the Application User Interface or API due to maintenance.
"Error Condition" means the Services are (1) not responding to end user requests, (2) incorrectly sending end users error condition messages or (3) sending incorrect partial content to end users and these conditions are observable or reproducible by Subscriber or Fastly.
"Fastly Control" means elements entirely under Fastly's control and not a consequence of (a) Subscriber hardware or software failures, (b) Subscriber or end user connectivity issues, (c) Subscriber operator errors, (d) a Utilization spike (see below), (e) corrupted Subscriber content, or (f) acts of god (any) or war, or earthquakes, or terrorist actions.
Any Subscriber that has a contract with a term and a minimum commitment shall have thirty (30) days to terminate their subscription agreement following (1) a period of Degraded Performance longer than 7.2 hours in any one month, or (2) three contiguous months that have periods of Degraded performance longer than 43.8 minutes each.
Availability invoice credits
Subscribers who purchase Gold or Enterprise Support shall be entitled to Invoice Credits according to the following table.
|Availability Percent||Period of Degraded Performance||Monthly Credit Percent|
|Below 100% - 99.99%||Up to 4.32 minutes||1%|
|Below 99.99% – 99.9%||Up to 43.8 minutes||5%|
|Below 99.9% – 99.0%||Up to 7.2 hours||10%|
|Below 99.0% - 98.0%||Up to 14.4 hours||25%|
|Below 98.0%||Greater than 864 minutes||50%|
Invoice Credits for unavailability will accrue on a monthly basis. The Credit Amount for a month is equal to the monthly usage charge multiplied by Monthly Credit Percent.
- Requests for Invoice Credits for Degraded Performance must be made within 30 days of the period of Degraded Performance.
- The maximum amount of any credit is the Invoice Amount for the month the Degraded Performance occurred.
- A pending credit does not release Subscriber from its obligation to pay Fastly's submitted invoices in full when due.
- Credits will be applied to the Invoice two months following the month an invoice credit was incurred.
Subscriber's bandwidth utilization, measured in megabits per second, will be sampled every five (5) minutes on a region-by-region basis each month (the "Samples"). Subscriber's "Average Utilization" for a region in a month will be the average of the Samples. Subscriber's "Peak Utilization" for a region in a month will be calculated by the 95th percentile method, according to which the Samples will then be ordered from highest to lowest, and the highest five percent (5%) of Samples will be discarded and the remaining highest Sample will be Subscriber's Peak Utilization for the region in that month. Subscriber's "Permitted Utilization" in a month for a region will be five (5) times Subscriber's Average Utilization in that month for that region. A "Utilization Spike" will occur if Subscriber's Peak Utilization exceeds its Permitted Utilization in a region. Utilization Spikes may interfere with or disrupt the integrity or performance of the Services. Subscribers should contact Support in advance of any planned utilization spike and respond immediately to any communications from Fastly regarding an actual or suspected Utilization Spike.