Zenlayer Global Accelerator

Last updated: March 29, 2023

1. Product Summary.

ZGA is a worldwide network acceleration platform. Relying on Zenlayer global backbone network resources, it realizes the network nearby access, and global point-to-point, point-to-multipoint interconnection. It provides high-quality network services for global customers by providing the various network solutions, including low delay, anti-jitter and packet loss control.

2. Definition.

"Unavailability" means Customer’s communication attempts to pass the designated acceleration area all fail within the acceleration channel within a certain minute (i.e., the packet loss rate within the acceleration channel within one minute is 100%, subject to Zenlayer monitoring data). The unavailable minutes caused by Section 4.3 below shall be excluded.

3. Service Availability.

1.1. Service Availability Formula. Subject to Section 2 of this Appendix, with the exception of the domain that has less than 1 million monthly requests, ZGA service availability shall be calculated as follows:

T = Total Minutes per month

U = Unavailability duration (round up to the nearest minutes)

1.2. Significant Change in Peak Bandwidth. Customer shall provide a written Peak Bandwidth Notice at least three (3) Business Days in advance to Zenlayer for approval, if Customer plans to increase or decrease the monthly peak bandwidth from last calendar month by thirty per cent (30%) or by more than one hundred (100) Gbps. If Customer fails to provide the Peak Bandwidth Notice in advance or fails to get the approval from Zenlayer, Zenlayer shall not be liable for any service availability issues caused herein.

1.3. Usage-Based Bandwidth Restriction. For usage-based billing, the peak bandwidth is capped at 100 Mbps. If Customer’s actual peak bandwidth is more than 100 Mbps, Customer shall either (A) change to bandwidth-based billing, or (B) provide a written Bandwidth Support Application at least three (3) Business Days in advance to Zenlayer for approval. If Customer chooses to solution B but fails to provide the Bandwidth Support Application in advance or fails to get the approval from Zenlayer, Zenlayer shall not be liable for any service availability issues caused herein.

4. Service Level Guarantee.

4.1 Unless otherwise described herein, if Zenlayer fails to meet the Service Availability guarantee of 99.9% which based on the calculation formula of service availability in Section 3, Customer shall be entitled to a Service Level Credit as the twice of average cost per failure minute of the service. The Service Level Credit is only used to set off the service fee of the next month or for extending the service time. The Service Level Credit can’t be exchanged for cash. The Service Level Credit shall not exceed the monthly fee for the occurred month.

4.2 To submit a claim for Service Level Credit, Customer shall

(a) notify Zenlayer in writing within five (5) days of the outage, and

(b) provide necessary information, including Customer’s name, Customer’s administrative contact, contract number, date of the event giving rise to the claim with beginning and end time, origination and destination route, source and destination IP Addresses, and a traceroute from the source address (if applicable).

4.3 Zenlayer shall be not responsible for service failure caused by the following reasons:

(a) Emergency or scheduled maintenance;

(b) Force Majeure;

(c) Actions by Customer or others authorized by Customer to use the Services or Customer-provided equipment or software or local access facilities ordered directly by Customer;

(d) Failure of power, facilities, equipment, systems or connections not provided by Zenlayer or its’ affiliates;

(e) Zenlayer’s or its affiliates' inability to access the Customer's premises;

(f) Failed to submit Peak Bandwidth Notice or failed to get the approval from Zenlayer under this Appendix;

(g) Failed to submit Bandwidth Support Application or failed to get the approval from Zenlayer under this Appendix;

(h) Suspension or termination of service in accordance with the MSA; or

(i) Any service interruption or termination caused by the attack on the customer

(j) Acts or omissions of third parties that are not affiliated with Zenlayer.

4.4 In the event that Zenlayer observes that an IP port ordered by Customer is attacked by a DDoS attack, and the scale of the attack adversely affects the network and consequently degrades the services of other customers on the network, Zenlayer has the right, at its sole discretion and without prior notice, to implement necessary measures to reduce the impact to such DDoS attack. Zenlayer reserves the right to suspend service if necessary to protect the entire network. Zenlayer will not be liable to Customer for any actions taken to reduce the impact of such DDoS attacks.

4.5 The Service Level Credit shall be calculated by referencing the records held by Zenlayer, which will be the sole conclusive evidence of the service level achieved, unless there is any manifest error.

4.6 Maintenance. Zenlayer may suspend Services during the maintenance or update of its network. In the event of routine, planned maintenance, Zenlayer will provide Customer with reasonable prior notice. For emergency maintenance, Zenlayer will provide as much notice as is practicable under the circumstances. In all cases, Zenlayer will work with Customer to minimize disruptions to the Service. Under no circumstances, will any planned interruption or routine maintenance be considered a Service Outage. Such maintenance is not entitled to any credits unless stated otherwise in this Appendix.

4.7 Technical support. Zenlayer provides Customer with 7 × 24 uninterrupted online technical support, answers the technical questions and accepts the fault claims raised by Customer. Both sides agree to establish a consultation system, strengthen daily communication, and deal with problems affecting service quality in a timely manner. The service provided by Zenlayer shall be maintained in accordance with relevant regulations and specifications, and Customer shall provide necessary assistance and cooperation.