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Service Level Agreements

SERVICE - SLA

Coverage; Definitions

This Videnencoding.com Availability Service Level Agreement (SLA) applies to you (“customer”) if you have ordered the video or image encoding services from Videnencoding.com (the “Services”) and your account is current (i.e., not past due) with Videnencoding.com: As used herein, the term “Videnencoding.com Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the encoding service via manage.Videnencoding.com is available for access by third parties via HTTP and HTTPS, as measured by Videnencoding.com.

Service Level Goal

Videnencoding.com’s goal is to achieve 99.9% Service Availability for all customers. If the Videnencoding.com Service Availability is less than 99.9%, the customer escalates the situation to Videnencoding.com and if proved in-line with the following Exceptions clause, Videnencoding.com will issue a credit to customer and Videnencoding.com is the final authority in deciding the credit.

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Videnencoding.com's Availability caused by or associated with:

  • circumstances beyond Videnencoding.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, 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, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  • failure of access circuits to the Videnencoding.com's network, unless such failure is caused solely by Videnencoding.com;
  • scheduled maintenance and emergency maintenance and upgrades;
  • DNS issues outside the direct control of Videnencoding.com;
  • issues with FTP, POP
  • false SLA breaches reported as a result of outages or errors of any Videnencoding.com measurement system;
  • customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of our Services in breach of Videnencoding.com's Terms and Conditions and Acceptable Use Policy; e-mail or webmail delivery and transmission;
  • DNS (Domain Name Server) Propagation. outages elsewhere on the Internet that hinder access to your account. Videnencoding.com is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Videnencoding.com will guarantee only those areas considered under the control of Videnencoding.com: Videnencoding.com server links to the Internet, Videnencoding.com's routers, and Videnencoding.com's servers.

SERVER - SLA

GURANTEE

Videnencoding.com Server is comprised of two related subsystems, the API and the data, each with its own service level guarantee.

API

The API (Application Programming Interface) is used to create, manage, and delete Videnencoding.com actions.

We guarantee that our API will be available 99.9% of the time in any given monthly billing period. If we fail to meet this guarantee, you can escalate the situation to Videnencoding.com API. If your escalation is proved in line with the Definitions and Limitations clause below, Videnencoding.com will issue a credit to customer. Please note that Videnencoding.com will be the final authority in deciding the credit.

“Monthly Availability” is calculated on ‘per customer, per region’ basis, for a given monthly billing period, as follows (represented as a percentage):

1 – (Total API Errors)/(Total Valid API Requests)

DATA

The “Data” includes Videnencoding.com server with supporting systems and services required for the proper functioning and availability of the server. Customers manage and have full control over their server requests and responses and Videnencoding.com Data guarantees proper functioning of the following supporting systems and services:

Network

It is our guarantee that in a given monthly billing period, our data center network will be available 99.9% of the time, excluding scheduled or emergency maintenance. Network downtime exists when a server is not reachable as a result of a failure in the data center network.

SLA Credit for Network Downtime: You can escalate the situation to Videnencoding.com and if proved in line with Definitions and Limitations clause below, Videnencoding.com will issue a credit to customer. Please note that Videnencoding.com will be the final authority in deciding the credit.

Migration

If a server migration is required because of server host degradation, we will notify you at least 48 hours before beginning the migration, unless we determine in our reasonable judgment that we must begin the migration sooner to protect your server data. Either way, we guarantee the migration will be complete within the maximum of twenty four working hours of the time we begin the migration.

SLA Credit for Migration Downtime: You can escalate the situation to Videnencoding.com and proved in line with Definitions and Limitations clause below, Videnencoding.com will issue a credit to customer and Videnencoding.com is the final authority in deciding the credit.

DEFINITIONS AND LIMITATIONS

Definitions

For purposes of the Service Level Agreements outlined above:

  • “API error” is defined as: (i) an HTTP 5xx server error response to a valid API request or (ii) no response to a valid API request because the API is down. Network errors or downtime outside of the Videnencoding.com Data Center Network do not constitute an API error;
  • “valid API request” is defined as a well formed request that complies with the published API specification;
  • "server" means a unique virtual machine instance;
  • "server fees" means the fees for your servers for the monthly billing period in which the failure occurred and includes hourly virtual machine usage and bandwidth charges;
  • "server host" means the physical server which hosts your server;
  • “region” means a particular physical location where the Servers service exists (e.g. Dallas, Chicago, London). Servers control and data are independent per region and do not span regions;
  • "power" excludes server host power supplies;
  • "scheduled maintenance" means maintenance (e.g. repairs, modifications, or upgrades) that is announced at least ten business days in advance;
  • “emergency maintenance” means critical unforeseen maintenance (e.g. repairs, modifications, or upgrades) needed to ensure security or reliability

Limitations

  • You are not entitled to a credit if you are in breach of your services agreement with Videnencoding.com Storage Service (including your payment obligations to us) until you have cured the breach.
  • You are not entitled to a credit if the unavailability would not have occurred but for your breach of your agreement with Videnencoding.com Storage Service or your misuse of the Services.
  • You are not entitled to a credit for unavailability or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control.

To receive a credit, you must request a credit via Videnencoding.com’s approved communication methods by email and as such within fifteen (15) days following the end of the unavailability. You must show that your use (or end users' use) of Services was adversely affected in some way as a result of the unavailability to be eligible for the credit.

Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your Videnencoding.com Storage Service fee for that billing period. This Service Level Agreement is part of your Videnencoding.com’s terms of services.

STORAGE - SLA

GURANTEE

We guaranty that Videnencoding.com storage service will be available 99.9% of the time in a given billing cycle. If we fail to meet this guarantee, you can escalate the situation to Videnencoding.com and if proved in line with the Limitations clause below, Videnencoding.com will issue a credit to customer. Please note that Videnencoding.com will be the final authority in deciding the credit.

Unavailability

Unavailability means: (i) The Videnencoding.com storage network is down, or (ii) the Videnencoding.com storage service returns a server error response to a valid user request during two or more consecutive 300 second intervals, or (iii) the Content Delivery Network fails to deliver an average download time for a 1-byte reference document of 0.5 seconds or less, as measured by third party measuring service.

Unavailability due to scheduled maintenance is excluded from these conditions and does not contribute towards unavailability calculations.

Definitions: For purposes of this Service Level Agreement:

  • "Videnencoding.com Storage Service" means the Storage System and CDN;
  • "Content Delivery Network" means the global network of servers designed to expedite delivery of web content by serving the content from a location in geographic proximity to the user;
  • "Scheduled Maintenance" means maintenance that is announced at least seven business days in advance, and that does not exceed sixty minutes in any calendar month;

Limitations

  • You are not entitled to a credit if you are in breach of your services agreement with Videnencoding.com Storage Service (including your payment obligations to us) until you have cured the breach.
  • You are not entitled to a credit if the unavailability would not have occurred but for your breach of your agreement with Videnencoding.com Storage Service or your misuse of the Services.
  • You are not entitled to a credit for unavailability or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control.

To receive a credit, you must request a credit via Videnencoding.com’s approved communication methods by email and as such within fifteen (15) days following the end of the unavailability. You must show that your use (or end users' use) of Services was adversely affected in some way as a result of the unavailability to be eligible for the credit.

Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your Videnencoding.com Storage Service fee for that billing period. This Service Level Agreement is part of your Videnencoding.com’s terms of services.