Service Level Agreement

Effective Date: March 9, 2026
Last Updated: June 22, 2026

This Service Level Agreement (“SLA”) is issued by Cañaveral Group (CGC), a corporation duly organized and existing under the laws of the Republic of the Philippines, acting through its NuCDN division (“NuCDN,” the “Company,” “we,” “us,” or “our”).

This SLA describes the availability commitments, support-response objectives, service-credit remedies, exclusions, measurement procedures, and claim requirements applicable to eligible NuCDN Services.

This SLA forms part of NuCDN’s Terms and Conditions. Capitalized terms not defined in this SLA have the meanings assigned to them in the Terms and Conditions or the applicable Order.

IMPORTANT — PLEASE READ CAREFULLY

THIS SLA APPLIES ONLY TO AN ELIGIBLE PAID SERVICE FOR WHICH NUCDN EXPRESSLY PROVIDES AN AVAILABILITY COMMITMENT.

THIS SLA DOES NOT APPLY TO FREE, TRIAL, BETA, PREVIEW, EXPERIMENTAL, CUSTOM-DEVELOPMENT, OR PROMOTIONAL SERVICES UNLESS AN APPLICABLE ORDER EXPRESSLY STATES OTHERWISE.

SERVICE CREDITS ISSUED UNDER THIS SLA ARE THE SUBSCRIBER’S SOLE AND EXCLUSIVE MONETARY REMEDY FOR NUCDN’S FAILURE TO MEET AN APPLICABLE MONTHLY AVAILABILITY COMMITMENT, EXCEPT WHERE SUCH A LIMITATION IS PROHIBITED BY APPLICABLE LAW.

SUPPORT RESPONSE TIMES, RESTORATION ESTIMATES, AND INCIDENT-UPDATES ARE SERVICE OBJECTIVES ONLY AND DO NOT CONSTITUTE GUARANTEED RESOLUTION TIMES UNLESS AN APPLICABLE ORDER EXPRESSLY STATES OTHERWISE.

TABLE OF CONTENTS

1. Definitions
2. Incorporation and Scope
3. Order of Precedence
4. Eligible Services
5. Availability Commitments
6. Support Response Objectives
7. Incident Priority Levels
8. Availability Measurement
9. Determination of Downtime
10. Partial Service Degradation
11. Scheduled Maintenance
12. Emergency Maintenance
13. SLA Exclusions
14. Service Credits
15. Credit Calculation
16. Credit Limitations
17. Service Credit Claim Procedure
18. Claim Review and Determination
19. Subscriber Obligations
20. Monitoring and Records
21. DDoS and Security Services
22. DNS Services
23. CDN and Edge Services
24. Hosting and Server Services
25. Third-Party Dependencies
26. Data Backup and Recovery
27. Service Changes and Migrations
28. Chronic Service Failure
29. Sole and Exclusive Remedy
30. Limitation of Liability
31. No Additional Warranties
32. Force Majeure
33. Modifications
34. Governing Terms
35. Contact Information
36. Acceptance

1. DEFINITIONS

For purposes of this SLA:

• Affected Service means the specific eligible paid Service directly experiencing confirmed Downtime.
• Applicable Monthly Fee means the recurring monthly fee actually paid for the Affected Service, excluding setup fees, installation fees, migration fees, professional-service fees, taxes, overage charges, bandwidth charges, licenses, domain fees, certificate fees, IP-resource fees, third-party fees, and other non-recurring or usage-based amounts.
• Applicable Law means all laws, regulations, court orders, regulatory requirements, administrative issuances, and legally binding governmental directives applicable to NuCDN, the Subscriber, the Services, or the relevant activity.
• Authorized Contact means a person identified in the Subscriber’s Account as authorized to submit support requests, incidents, or service-credit claims.
• Business Day means Monday through Friday, excluding national public holidays in the Republic of the Philippines.
• Calendar Month means the period beginning at 12:00 a.m. on the first calendar day of a month and ending at 11:59 p.m. on the final calendar day of that month, based on Philippine Standard Time unless NuCDN specifies another measurement time zone for the relevant Service.
• Claim means a request for a Service Credit submitted in accordance with this SLA.
• Customer Content means all websites, applications, files, databases, DNS records, software, communications, traffic, requests, and other content submitted to, stored on, transmitted through, cached by, or processed using the Services.
• Degraded Service means a material reduction in performance or functionality that does not make the entire Affected Service unavailable.
• Downtime means the number of complete consecutive minutes during which an Affected Service is unavailable because of a failure within NuCDN-controlled infrastructure, as measured and confirmed in accordance with this SLA.
• Emergency Maintenance means maintenance that NuCDN reasonably determines must be performed without the ordinary advance-notice period to address security, safety, legal, infrastructure, supplier, stability, or operational risks.
• Eligible Service means a paid production Service for which an availability commitment is expressly stated in this SLA, an Order, or a product-specific addendum.
• Excluded Event means an event excluded from Downtime and Service Credit calculations under this SLA.
• Incident means an unplanned interruption, failure, or material degradation affecting an eligible Service.
• Initial Response means NuCDN’s first substantive acknowledgment of a properly submitted support request. An automated ticket-confirmation message does not necessarily constitute an Initial Response.
• Monthly Availability means the percentage of total minutes during a Calendar Month in which the Affected Service was available, calculated according to this SLA.
• Monthly Availability Commitment means the availability percentage expressly applicable to an Eligible Service.
• Order means an invoice, service order, order form, quotation, subscription selection, statement of work, or other purchasing document accepted by NuCDN.
• Scheduled Maintenance means maintenance announced by NuCDN in advance through email, the customer portal, a status page, a support ticket, or another reasonable communication method.
• Service Credit means a non-cash credit applied to a future invoice for the Affected Service following approval of an eligible Claim.
• Subscriber or Customer means the individual or legal entity purchasing, administering, or using the Services.
• Support Hours means the support availability applicable to the Subscriber’s selected plan.
• Terms and Conditions means the NuCDN Terms and Conditions available at https://www.nucdn.co/legal/terms-and-conditions/.

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2. INCORPORATION AND SCOPE

This SLA is incorporated by reference into and forms an integral part of the NuCDN Terms and Conditions.

This SLA applies only to an Eligible Service purchased directly from NuCDN or through an authorized NuCDN reseller where the applicable Order expressly incorporates this SLA.

This SLA may apply to the following paid production Services, subject to the applicable Order:

• Content Delivery Network services;
• edge-caching and reverse-proxy services;
• authoritative DNS services;
• DNS-security services;
• DDoS mitigation and traffic-filtering services;
• web application firewall services;
• paid website-hosting services;
• virtual server and dedicated server services;
• storage and infrastructure services; and
• other Services for which NuCDN expressly provides a Monthly Availability Commitment.

This SLA does not create a commitment for any feature, location, resource, network route, support function, or Service not expressly identified as eligible.

Availability commitments apply only during an active paid Service Term and only while the Subscriber’s Account remains in good standing.

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3. ORDER OF PRECEDENCE

If there is a conflict concerning service availability, Service Credits, or SLA measurement, the following order of precedence applies unless a document expressly states otherwise:

1. a mutually signed enterprise agreement or service order;
2. a product-specific SLA or addendum;
3. the applicable Order;
4. this SLA;
5. the Terms and Conditions; and
6. other incorporated policies.

A higher-priority document overrides a lower-priority document only to the extent of the specific conflict.

Customer purchase orders, procurement terms, or other customer-issued documents do not modify this SLA unless expressly accepted in writing by an authorized NuCDN representative.

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4. ELIGIBLE SERVICES

4.1 Paid Production Services

Unless the applicable Order provides a different commitment, the following paid production Services may qualify for this SLA:

• CDN and edge-delivery Services;
• authoritative DNS Services;
• paid hosting Services;
• paid virtual server Services;
• paid dedicated server Services;
• DDoS mitigation Services; and
• other paid infrastructure Services expressly designated as SLA-eligible.

4.2 Services Without an Availability Commitment

The following do not include a Monthly Availability Commitment unless expressly stated in an Order:

• free Services;
• trial Services;
• beta, preview, or experimental Services;
• promotional Services;
• proof-of-concept environments;
• development and testing environments;
• community or volunteer-supported Services;
• custom integrations under development;
• professional services;
• migration or deployment assistance;
• third-party products or licenses;
• customer-managed applications;
• unsupported or end-of-life products; and
• Services suspended, restricted, or terminated under the Terms and Conditions.

4.3 Resold and Partner Services

Where the Subscriber purchases a Service from a reseller, partner, distributor, or another third party, the Subscriber must submit any SLA request through that provider unless NuCDN expressly agrees to accept Claims directly.

The reseller’s or partner’s own terms may provide different commitments and remedies.

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5. AVAILABILITY COMMITMENTS

NuCDN will use commercially reasonable efforts to meet the following Monthly Availability Commitments for eligible paid production Services:

An Order or product-specific addendum may state a different Monthly Availability Commitment. In that case, the commitment stated in the applicable Order or addendum will govern.

The Monthly Availability Commitment does not guarantee:

• uninterrupted access from every geographic location;
• identical performance across all networks or Internet service providers;
• availability of a Subscriber-controlled origin server or application;
• successful delivery of every request;
• prevention of every cyberattack;
• availability of every optional feature;
• a particular latency, throughput, packet-loss, or performance level unless expressly stated in an Order; or
• availability of a third-party system outside NuCDN’s reasonable control.

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6. SUPPORT RESPONSE OBJECTIVES

NuCDN will use commercially reasonable efforts to meet the Initial Response objectives below for properly submitted support requests.

These times are objectives and not guaranteed resolution times.

Response objectives begin only after NuCDN receives a properly submitted ticket containing sufficient information to begin investigation.

Response objectives may be paused while NuCDN is awaiting:

• information from the Subscriber;
• access authorization;
• test results;
• configuration details;
• confirmation that troubleshooting steps were completed;
• third-party information; or
• another action reasonably required from the Subscriber.

Billing, sales, legal, privacy, abuse, and administrative matters may follow separate response procedures and are not governed by technical support-response objectives unless expressly stated otherwise.

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7. INCIDENT PRIORITY LEVELS

7.1 Critical — Priority 1

A Critical Incident ordinarily requires all of the following:

• an eligible production Service is unavailable;
• the interruption materially affects substantially all normal use of the Affected Service;
• the issue is not caused by the Subscriber, an Excluded Event, or a third party outside NuCDN’s reasonable control; and
• no reasonable workaround is available.

The following ordinarily do not qualify as Critical Incidents:

• a single end user being unable to connect;
• a local Internet service provider problem;
• a customer application error;
• incorrect DNS configuration;
• an origin-server failure;
• a billing or account-verification issue;
• a request for configuration assistance;
• a cosmetic dashboard issue;
• an optional feature failure; or
• an issue affecting a free, trial, beta, or unsupported Service.

7.2 High — Priority 2

A High Incident ordinarily involves a material performance degradation, repeated interruption, or loss of a major Service function where some production use remains possible.

7.3 Normal — Priority 3

A Normal Incident ordinarily involves a limited impairment, isolated error, configuration issue, or non-critical Service problem that does not prevent substantial use of the Service.

7.4 Low — Priority 4

A Low request ordinarily includes general assistance, service information, documentation questions, recommendations, feature requests, and planned configuration changes.

7.5 Priority Reclassification

NuCDN may reclassify a ticket based on actual technical impact, scope, urgency, available workarounds, and the information provided.

Repeatedly or knowingly assigning an inaccurate Critical priority may result in ticket reclassification, suspension of priority-support privileges, or another remedy permitted by the Terms and Conditions.

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8. AVAILABILITY MEASUREMENT

Monthly Availability is calculated as follows:

Monthly Availability (%) = ((Total Minutes in the Calendar Month − Eligible Downtime Minutes) ÷ Total Minutes in the Calendar Month) × 100

Only complete minutes of confirmed eligible Downtime are included in the calculation.

Unless an Order expressly provides otherwise:

• availability is measured separately for each Affected Service;
• availability is measured on a Calendar Month basis;
• measurement is based primarily on NuCDN’s monitoring, logs, systems, and network records;
• overlapping Incidents are counted only once for the same Affected Service and time period;
• partial degradation is not treated as total Downtime unless it meets the conditions in this SLA;
• availability is not averaged across unrelated Services or Accounts; and
• unused time, suspended time, or time before activation is not included as Downtime.

8.1 Service-Specific Measurement Points

NuCDN may measure availability from one or more reasonable monitoring points selected according to the Service architecture.

A measurement point may include:

• a NuCDN point of presence;
• an authoritative DNS endpoint;
• a service gateway;
• a virtual server host node;
• a network edge;
• a management endpoint;
• a storage or compute control plane; or
• another component reasonably representative of Service availability.

8.2 Geographic or Provider-Specific Failures

A connectivity problem affecting only one geographic region, Internet service provider, upstream carrier, route, device, or end user does not constitute global Downtime unless NuCDN determines that the Affected Service itself was unavailable under the applicable measurement standard.

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9. DETERMINATION OF DOWNTIME

Downtime begins when NuCDN’s monitoring systems or technical personnel confirm that the Affected Service is unavailable because of a failure within NuCDN-controlled infrastructure.

Downtime ends when NuCDN’s monitoring systems or technical personnel confirm that the Affected Service has been restored to substantial availability.

A Subscriber report alone does not establish Downtime. NuCDN may consider Subscriber-provided evidence, but NuCDN’s monitoring, system logs, network records, and technical analysis will ordinarily control the determination.

An Incident constitutes eligible Downtime only where:

1. the Affected Service is an Eligible Service;
2. the Service was active and fully paid during the Incident;
3. the Subscriber was not suspended or restricted;
4. the failure occurred within NuCDN-controlled infrastructure;
5. the failure was not caused by an Excluded Event;
6. the Incident lasted for at least five (5) consecutive complete minutes, unless an Order states otherwise; and
7. the Incident was confirmed through reasonable technical evidence.

Intermittent events separated by periods of normal operation are measured as separate Incidents unless NuCDN determines that they arose from the same continuing failure.

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10. PARTIAL SERVICE DEGRADATION

Degraded Service does not automatically constitute Downtime.

NuCDN may treat a period of severe degradation as Downtime where all of the following apply:

• the degradation materially prevents normal use of the core function of the Affected Service;
• the effect is substantially equivalent to unavailability;
• the effect is caused by NuCDN-controlled infrastructure;
• the effect is not an Excluded Event; and
• NuCDN confirms the effect through monitoring or technical investigation.

The following ordinarily do not constitute Downtime:

• increased latency that does not prevent substantial use;
• reduced throughput caused by Subscriber resource limits;
• performance variation caused by Internet routing;
• a failure of an optional or non-core feature;
• dashboard or reporting delays while the underlying Service remains available;
• isolated failed requests;
• temporary cache misses;
• origin-server errors;
• application-level errors; or
• degradation limited to a particular end-user network outside NuCDN’s control.

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11. SCHEDULED MAINTENANCE

Scheduled Maintenance is excluded from Downtime calculations.

NuCDN will use commercially reasonable efforts to provide at least twenty-four (24) hours’ advance notice of Scheduled Maintenance where practicable.

Notice may be provided through:

• email;
• the customer portal;
• a support ticket;
• the NuCDN status page;
• an Account notification;
• the NuCDN website; or
• another reasonable electronic method.

Scheduled Maintenance may include:

• software updates;
• security patches;
• hardware replacement;
• capacity upgrades;
• network changes;
• routing updates;
• facility maintenance;
• supplier maintenance;
• service migrations;
• database maintenance;
• certificate maintenance; and
• other work reasonably necessary to maintain or improve the Services.

NuCDN may reschedule, extend, shorten, or cancel a maintenance window based on technical and operational requirements.

Maintenance may affect only part of a Service, location, network path, or feature.

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12. EMERGENCY MAINTENANCE

Emergency Maintenance is excluded from Downtime calculations.

NuCDN may perform Emergency Maintenance without advance notice where reasonably necessary to:

• address an active security vulnerability;
• respond to an attack or unauthorized activity;
• prevent imminent infrastructure failure;
• protect customer data or systems;
• comply with Applicable Law or a lawful governmental instruction;
• respond to a supplier, carrier, data-center, or facility emergency;
• prevent material degradation affecting multiple customers;
• correct a critical software or configuration defect; or
• protect NuCDN, its customers, providers, or the public.

NuCDN will use commercially reasonable efforts to notify affected Subscribers as soon as reasonably practicable.

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13. SLA EXCLUSIONS

The following events are excluded from Monthly Availability and Service Credit calculations and do not constitute eligible Downtime:

13.1 Subscriber-Caused Events

• Subscriber error, act, omission, negligence, or misuse;
• incorrect DNS, firewall, routing, caching, origin, application, or security configuration;
• Subscriber code, scripts, plugins, themes, software, databases, or operating systems;
• Subscriber-requested changes, testing, migrations, or maintenance;
• failure to follow Documentation or support instructions;
• exhaustion of purchased storage, bandwidth, memory, CPU, connection, request, or other resource limits;
• compromised Subscriber credentials, devices, Accounts, or applications;
• Subscriber security controls blocking legitimate traffic;
• failure to maintain required software versions or patches;
• failure to maintain a working origin server or authoritative configuration; and
• acts or omissions of Subscriber employees, users, contractors, administrators, or providers.

13.2 Origin and Application Events

• origin-server unavailability;
• application failure;
• database failure;
• backend timeout;
• invalid or expired origin certificates;
• incorrect origin authentication;
• HTTP application errors generated by the origin;
• software bugs outside NuCDN-controlled software;
• insufficient origin capacity;
• content errors; and
• failures of customer-managed load balancers or firewalls.

13.3 Internet and Third-Party Events

• public Internet failures;
• Internet service provider failures;
• routing leaks or route hijacks outside NuCDN’s reasonable control;
• upstream-carrier failures;
• submarine-cable or terrestrial-fiber interruptions;
• domain registrar or registry failure;
• certificate-authority failure;
• cloud-provider or data-center failure outside NuCDN’s reasonable control;
• third-party API failure;
• payment-provider failure;
• software-license provider failure;
• telecommunications interruption;
• regional filtering or censorship;
• government blocking or network interference; and
• failure of a third-party service selected, configured, or controlled by the Subscriber.

13.4 Security and Abuse Events

• DDoS attacks exceeding the subscribed protection capacity or plan limits;
• attacks using techniques not supported by the purchased Service;
• malicious traffic that cannot reasonably be distinguished from legitimate traffic;
• zero-day vulnerabilities;
• large-scale Internet-wide security events;
• customer compromise;
• malware or phishing hosted by the Subscriber;
• abuse-related filtering, blocking, quarantine, or suspension;
• compliance with an abuse report, court order, or lawful instruction;
• emergency action taken to protect infrastructure or third parties; and
• Service restriction permitted under the Acceptable Use Policy or Terms and Conditions.

13.5 Maintenance and Changes

• Scheduled Maintenance;
• Emergency Maintenance;
• Subscriber-requested maintenance;
• announced migrations or upgrades;
• changes required to address security, legal, or supplier issues;
• testing requested by the Subscriber; and
• maintenance of beta, preview, or experimental functionality.

13.6 Account, Billing, and Compliance Events

• non-payment or late payment;
• payment reversal or chargeback;
• fraud review or identity verification;
• Account suspension or termination;
• resource restriction resulting from plan limits;
• Subscriber-requested cancellation;
• legal or regulatory restriction;
• sanctions or restricted-party compliance;
• failure to provide required information; and
• violation of NuCDN policies.

13.7 Force Majeure Events

Events qualifying under the Force Majeure section are excluded.

13.8 Free and Unsupported Services

• free Services;
• trial Services;
• beta or preview Services;
• experimental Services;
• promotional Services;
• unsupported software;
• end-of-life Services; and
• Services not expressly covered by this SLA.

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14. SERVICE CREDITS

If NuCDN fails to meet the applicable Monthly Availability Commitment, an eligible Subscriber may request a Service Credit according to the following table:

If an Order provides a higher Monthly Availability Commitment, NuCDN may apply a different credit schedule stated in that Order.

A Service Credit applies only to the Affected Service and does not apply to:

• other Services;
• other Accounts;
• unaffected locations;
• unaffected resources;
• usage or overage fees;
• setup or migration fees;
• licenses or certificates;
• domain charges;
• IP-resource fees;
• taxes;
• payment-processing fees; or
• third-party charges.

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15. CREDIT CALCULATION

Service Credits are calculated using the Applicable Monthly Fee for the Affected Service.

15.1 Monthly Billing

For a Service billed monthly, the Service Credit is based on the recurring monthly fee actually paid for the Affected Service during the affected Calendar Month.

15.2 Quarterly, Annual, or Multi-Year Billing

For a Service billed for a period longer than one month, the Applicable Monthly Fee is calculated by dividing the recurring prepaid Service fee by the number of months in the prepaid billing term.

15.3 Partial-Month Service

If the Affected Service was active for only part of a Calendar Month, NuCDN may calculate availability and the Applicable Monthly Fee based on the period during which the Service was active and eligible.

15.4 Bundled Services

If an Order combines multiple Services into one fee and does not separately identify the price of the Affected Service, NuCDN may reasonably allocate a portion of the recurring fee to the Affected Service for credit purposes.

15.5 Discounts and Promotions

Service Credits are calculated using the net recurring amount actually paid after discounts, promotions, account credits, and coupons.

15.6 Taxes and Other Charges

Taxes, duties, payment fees, currency-conversion charges, and other non-Service amounts are excluded from the calculation.

15.7 Overlapping Incidents

Where multiple failures overlap during the same period, the overlapping minutes are counted only once for the same Affected Service.

15.8 Multiple Service Components

Failure of one component does not entitle the Subscriber to a credit for all Services in an Account unless the failure caused confirmed Downtime to those Services.

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16. CREDIT LIMITATIONS

All Service Credits are subject to the following conditions:

• Service Credits are not automatic and must be requested;
• the Claim must satisfy this SLA;
• the Subscriber must be in good standing;
• all invoices for the Affected Service must be fully paid;
• the Subscriber must not be in material breach of NuCDN policies;
• Service Credits are non-refundable;
• Service Credits have no cash value;
• Service Credits are not redeemable for cash;
• Service Credits are not transferable between customers;
• Service Credits may be applied only to future eligible NuCDN invoices;
• Service Credits may not be applied to taxes, setup fees, third-party charges, payment fees, or past-due balances unless NuCDN agrees otherwise;
• Service Credits may expire twelve (12) months after issuance if not used;
• Service Credits may not exceed twenty-five percent (25%) of the Applicable Monthly Fee for the Affected Service for a single Calendar Month unless an Order expressly provides otherwise;
• the total credits for overlapping commitments may not exceed the maximum credit available for the Affected Service;
• credits cannot result in a negative invoice balance or cash payment; and
• fraudulent, duplicate, misleading, or abusive Claims may be rejected.

NuCDN may issue a discretionary goodwill credit without admitting Downtime, breach, fault, or liability. A goodwill credit does not create a precedent or modify this SLA.

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17. SERVICE CREDIT CLAIM PROCEDURE

To request a Service Credit, an Authorized Contact must submit a Claim through the NuCDN support portal within thirty (30) calendar days after the end of the Calendar Month in which the alleged Downtime occurred.

The support portal is available at:

https://my.nucdn.co/submitticket.php

The ticket subject should clearly state:

SLA Credit Request — [Affected Service or Service Identifier]

The Claim must include:

• the Subscriber’s legal or Account name;
• the Account email address;
• the affected Service identifier;
• the affected domain, hostname, server, subscription, or resource;
• the date of the Incident;
• the approximate start and end times, including time zone;
• a description of the observed unavailability;
• the geographic locations or networks affected, if relevant;
• the related support-ticket or Incident number;
• monitoring results, logs, screenshots, traceroutes, or other supporting evidence reasonably available to the Subscriber;
• confirmation that the Subscriber’s origin, application, DNS configuration, and systems were operating correctly, where relevant; and
• any other information reasonably requested by NuCDN.

A general complaint, social-media post, chat message, abuse report, billing inquiry, or unrelated support ticket does not constitute a valid Claim.

A Claim submitted after the required period may be rejected.

The placeholder “[Affected Service or Service Identifier]” should be replaced with the actual service name, domain, server ID, subscription ID, or other identifying information.

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18. CLAIM REVIEW AND DETERMINATION

After receiving a complete Claim, NuCDN will review:

• monitoring data;
• network records;
• system logs;
• status-page records;
• support communications;
• maintenance records;
• Subscriber-provided evidence;
• third-party reports;
• the applicable Order;
• Account and payment status; and
• relevant SLA exclusions.

NuCDN may request additional information. Failure to provide reasonably requested information may result in denial of the Claim.

NuCDN will determine in good faith:

• whether eligible Downtime occurred;
• the duration of eligible Downtime;
• whether an Excluded Event applies;
• the Monthly Availability percentage;
• the Applicable Monthly Fee;
• whether the Subscriber satisfied the eligibility conditions; and
• the amount of any Service Credit.

NuCDN will use commercially reasonable efforts to decide a complete Claim within thirty (30) calendar days, but complex claims may require additional time.

If a Claim is approved, the Service Credit will ordinarily be applied to a future invoice after approval.

If a Claim is denied, NuCDN may provide a summary reason for the denial, subject to security, confidentiality, legal, and third-party restrictions.

A Subscriber disputing a Claim decision must submit a written request for reconsideration within fifteen (15) calendar days after receiving the decision and include any additional supporting evidence.

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19. SUBSCRIBER OBLIGATIONS

To remain eligible for SLA remedies, the Subscriber must:

• maintain accurate Account and billing information;
• pay all invoices by their due dates;
• comply with the Terms and Conditions and Acceptable Use Policy;
• properly configure applications, DNS, origin infrastructure, firewalls, certificates, and access controls;
• maintain sufficient resources and capacity;
• maintain supported software and security updates;
• protect Account credentials, API keys, and systems;
• maintain independent backups;
• monitor the Service;
• report suspected Incidents promptly;
• provide sufficient diagnostic information;
• cooperate reasonably with troubleshooting;
• perform recommended corrective actions within a reasonable period;
• maintain valid Authorized Contacts;
• avoid interfering with NuCDN monitoring or Service operation; and
• use the Service within the purchased plan limits.

A Subscriber’s failure to satisfy these obligations may delay support, prevent technical verification, constitute an Excluded Event, or make the Subscriber ineligible for a Service Credit.

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20. MONITORING AND RECORDS

NuCDN may use internal and third-party monitoring systems to assess Service health, capacity, performance, security, and availability.

Monitoring may include:

• synthetic requests;
• network probes;
• service-health checks;
• DNS queries;
• HTTP or HTTPS requests;
• host and node health checks;
• application and infrastructure metrics;
• traffic and security telemetry;
• system and audit logs;
• status signals from providers; and
• manual technical validation.

NuCDN monitoring and records will ordinarily be the primary source for calculating Monthly Availability.

Subscriber monitoring may be considered but will not automatically override NuCDN records because external monitoring may be affected by:

• local connectivity;
• monitoring-provider failure;
• regional routing;
• DNS caching;
• incorrect probe configuration;
• origin-server failure;
• security challenges;
• rate limits;
• blocked monitoring addresses; or
• other conditions outside NuCDN’s control.

NuCDN may retain SLA-related technical records according to its standard retention policies and Applicable Law.

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21. DDOS AND SECURITY SERVICES

DDoS mitigation, web application firewall, malware filtering, bot management, and other security Services reduce risk but do not guarantee prevention, detection, or mitigation of every attack or malicious request.

Availability commitments for a security Service apply only to the availability of the applicable NuCDN-controlled security platform and not to the security or availability of the Subscriber’s origin, application, data, or business.

The following may be excluded:

• attacks exceeding the subscribed mitigation capacity;
• attacks targeting unsupported protocols or ports;
• attacks directed to an unprotected or exposed origin address;
• direct-to-origin attacks;
• attacks resulting from leaked origin information;
• encrypted attacks that cannot be inspected because required keys or configurations are unavailable;
• application-layer attacks resembling legitimate traffic;
• attacks exploiting Subscriber application vulnerabilities;
• Subscriber firewall or origin rejection of NuCDN traffic;
• mitigation requested or configured incorrectly by the Subscriber;
• traffic blocked according to Subscriber-created rules;
• false positives within reasonable security-operation tolerances;
• emergency filtering necessary to protect infrastructure;
• regional rerouting or temporary service degradation during mitigation;
• attacks involving novel or zero-day techniques; and
• events beyond the purchased protection level.

NuCDN may temporarily reroute, filter, challenge, rate-limit, null-route, block, isolate, or restrict traffic where reasonably necessary to protect the Services, other customers, providers, or the public.

Such protective action does not constitute Downtime where taken reasonably in response to an attack, abuse, security risk, or emergency.

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22. DNS SERVICES

For an eligible authoritative DNS Service, availability generally means that NuCDN-controlled authoritative DNS endpoints are capable of responding to valid DNS queries according to the applicable configuration.

DNS Downtime does not include:

• incorrect DNS records;
• missing or invalid zone data;
• registrar or registry failure;
• incorrect nameserver delegation;
• DNSSEC misconfiguration;
• expired domain registration;
• resolver caching;
• recursive DNS resolver failure;
• regional DNS filtering or poisoning outside NuCDN’s control;
• domain suspension or legal restriction;
• Subscriber configuration changes;
• propagation delays following DNS changes;
• third-party secondary DNS failure; and
• queries blocked for security or abuse reasons.

DNS propagation periods are not considered Downtime.

NuCDN does not control how quickly third-party recursive resolvers, Internet service providers, browsers, devices, or applications refresh cached DNS records.

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23. CDN AND EDGE SERVICES

For an eligible CDN or edge Service, availability generally means that the applicable NuCDN-controlled edge platform is capable of receiving and processing valid requests according to the Subscriber’s active configuration.

CDN or edge Downtime does not include:

• origin-server failure;
• origin timeout;
• origin-generated HTTP errors;
• invalid origin certificates;
• incorrect proxy, cache, DNS, firewall, or routing settings;
• requests blocked by Subscriber security rules;
• cache misses;
• content purge or propagation time;
• temporary cache inconsistency;
• unavailable content not cached at the edge;
• failures limited to an unsupported protocol or feature;
• third-party network interruption;
• regional Internet routing issues;
• Subscriber bandwidth or request-limit exhaustion;
• direct-to-origin traffic;
• application errors;
• customer-created redirects or rules; and
• security filtering permitted under the applicable policies.

Where an edge location is unavailable but valid traffic is automatically rerouted and the Service remains substantially available, the event does not constitute Downtime.

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24. HOSTING AND SERVER SERVICES

24.1 Paid Website Hosting

For eligible paid website-hosting Services, availability generally means that the NuCDN-controlled hosting platform and assigned network interface are available to process valid requests.

Hosting Downtime does not include:

• website or application errors;
• database errors caused by the Subscriber;
• resource exhaustion;
• unsupported software;
• malware or compromise;
• invalid application configuration;
• expired domains or certificates;
• email-delivery issues;
• external DNS problems;
• scheduled backups or maintenance;
• Subscriber-requested restoration;
• account suspension; and
• third-party application or license failure.

24.2 Virtual Servers

For an eligible virtual server, availability generally means that the assigned virtual machine can be powered on and is reachable through the NuCDN-controlled host and network, subject to the Subscriber’s operating system and firewall configuration.

Virtual server Downtime does not include:

• guest operating-system failure;
• kernel panic within the virtual machine;
• Subscriber firewall rules;
• Subscriber network configuration;
• resource exhaustion within the virtual machine;
• corrupted Subscriber data;
• unsupported operating systems;
• Subscriber-installed software;
• reboots requested by the Subscriber;
• snapshots, backups, or restoration requested by the Subscriber; and
• compromise or abuse originating from the virtual machine.

24.3 Dedicated Servers

For an eligible dedicated server, the availability commitment ordinarily applies to NuCDN-controlled power and network connectivity, not to the Subscriber-managed operating system, application, data, or software.

A hardware failure may require component replacement or server migration. Hardware replacement and restoration times depend on diagnosis, replacement-part availability, facility access, data integrity, and the Subscriber’s configuration.

Unless an Order expressly states otherwise, hardware replacement time is an operational objective and not a guaranteed restoration period.

24.4 Free Hosting

Free hosting is provided on a best-effort and as-available basis without an uptime commitment, Service Credit, guaranteed support response, data-retention commitment, or restoration guarantee.

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25. THIRD-PARTY DEPENDENCIES

NuCDN Services may rely on third-party providers, including:

• data centers;
• power providers;
• Internet carriers;
• upstream networks;
• cloud providers;
• software vendors;
• domain registries and registrars;
• certificate authorities;
• payment providers;
• hardware suppliers;
• security providers;
• monitoring providers; and
• other infrastructure and technology suppliers.

NuCDN will use commercially reasonable efforts to manage third-party dependencies, but NuCDN does not guarantee the availability or performance of systems outside its reasonable control.

A third-party failure may qualify as Downtime only where:

• the relevant third-party component was selected and directly managed by NuCDN as an integral part of the Eligible Service;
• the resulting failure made the Affected Service unavailable;
• the event is not otherwise excluded; and
• the applicable Order expressly includes that dependency within the availability commitment.

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26. DATA BACKUP AND RECOVERY

Availability commitments do not constitute a guarantee of data backup, data integrity, data retention, or data recovery.

Unless an Order expressly includes a managed backup Service, the Subscriber is solely responsible for maintaining independent, current, tested, and recoverable backups of Customer Content and configurations.

Where NuCDN provides a backup feature:

• backup frequency and retention depend on the applicable plan;
• backups may fail because of corruption, configuration, resource exhaustion, software failure, or other technical conditions;
• restoration may require additional time;
• restoration may overwrite current data;
• not all files or configurations may be recoverable;
• backup availability is not equivalent to production-Service availability; and
• a backup feature does not replace the Subscriber’s independent backup obligations.

Time required to restore Customer Content following deletion, corruption, compromise, or Subscriber error is not Downtime unless an Order expressly states otherwise.

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27. SERVICE CHANGES AND MIGRATIONS

NuCDN may modify, upgrade, replace, migrate, relocate, rebalance, or reconfigure infrastructure where reasonably necessary for:

• security;
• capacity;
• performance;
• reliability;
• supplier changes;
• facility changes;
• hardware replacement;
• software support;
• legal compliance;
• network management; or
• product improvement.

NuCDN will use commercially reasonable efforts to minimize disruption and provide notice where practicable.

Announced migration or maintenance periods are excluded from Downtime.

Subscriber-requested migrations, IP changes, operating-system reinstallations, configuration changes, or restoration work are excluded from Downtime.

NuCDN does not guarantee that a Service will permanently retain a particular:

• IP address;
• host node;
• physical server;
• data-center room;
• network route;
• upstream carrier;
• hardware model;
• software version; or
• internal architecture.

An Order may expressly guarantee a specific location or resource, in which case that Order will govern.

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28. CHRONIC SERVICE FAILURE

If an Eligible Service experiences Monthly Availability below 95.00% during three (3) consecutive Calendar Months, the Subscriber may request a review of the Affected Service.

The request must be submitted within thirty (30) calendar days after the end of the third affected Calendar Month.

Following review, NuCDN may, at its discretion and subject to technical feasibility:

• provide a remediation plan;
• migrate the Affected Service;
• replace affected infrastructure;
• offer an alternative Service;
• provide additional Service Credits;
• permit cancellation of the Affected Service; or
• provide a prorated credit for the unused prepaid Service Term.

This section applies only where:

• the Subscriber remained eligible for Service Credits during all three months;
• the failures were not caused by Excluded Events;
• the Subscriber submitted valid Claims for each affected month; and
• the Subscriber complied with NuCDN’s troubleshooting and remediation requirements.

This section does not provide a right to terminate unrelated Services or receive a refund for setup, usage, third-party, or non-refundable charges.

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29. SOLE AND EXCLUSIVE REMEDY

To the maximum extent permitted by Applicable Law, Service Credits issued under this SLA constitute the Subscriber’s sole and exclusive monetary remedy for:

• failure to meet a Monthly Availability Commitment;
• eligible Downtime;
• Service interruption;
• performance degradation;
• failure to meet a support-response objective; or
• another failure governed by this SLA.

Service Credits do not constitute:

• an admission of breach;
• an admission of negligence;
• an admission of liability;
• a refund;
• liquidated damages;
• a penalty;
• compensation for business losses; or
• a waiver of NuCDN’s rights.

Nothing in this SLA limits a right or remedy that cannot lawfully be excluded or restricted.

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30. LIMITATION OF LIABILITY

NuCDN’s liability relating to this SLA is subject to the limitation-of-liability provisions in the Terms and Conditions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUCDN SHALL NOT BE LIABLE UNDER THIS SLA FOR:

• indirect, incidental, special, punitive, exemplary, or consequential damages;
• loss of revenue, profit, business, goodwill, opportunity, or anticipated savings;
• business interruption;
• loss, corruption, deletion, or unavailability of data;
• cost of substitute services;
• losses caused by Subscriber configuration or systems;
• losses caused by third parties outside NuCDN’s reasonable control;
• losses that could reasonably have been avoided through backups, redundancy, monitoring, capacity planning, or security controls; or
• losses exceeding the liability limitations stated in the Terms and Conditions.

The SLA does not increase the liability cap stated in the Terms and Conditions.

If a conflict exists between this SLA and the limitation-of-liability provisions in the Terms and Conditions, the provision providing NuCDN with the greater lawful protection will apply, except where a higher-priority signed agreement expressly states otherwise.

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31. NO ADDITIONAL WARRANTIES

This SLA describes limited availability commitments and remedies only.

It does not create any warranty concerning:

• merchantability;
• fitness for a particular purpose;
• non-infringement;
• error-free operation;
• absolute security;
• data preservation;
• attack prevention;
• regulatory compliance;
• specific business results;
• compatibility with every application or system;
• latency or throughput unless expressly stated; or
• availability beyond the specific commitments stated in this SLA.

All warranty disclaimers in the Terms and Conditions remain fully applicable.

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32. FORCE MAJEURE

NuCDN is not responsible for failure, delay, interruption, degradation, or unavailability caused by events beyond its reasonable control, including:

• acts of God;
• earthquakes, floods, typhoons, storms, fires, and other natural disasters;
• epidemics or pandemics;
• war, terrorism, sabotage, invasion, or armed conflict;
• civil disorder, riot, or public emergency;
• governmental actions, restrictions, embargoes, sanctions, or legal orders;
• power-grid failures;
• telecommunications outages;
• Internet backbone or upstream-provider failures;
• submarine-cable or terrestrial-fiber damage;
• data-center emergencies;
• large-scale cyberattacks;
• zero-day vulnerabilities;
• routing leaks or Internet-wide routing incidents;
• labor disputes or shortages;
• supplier failures;
• shortages of hardware, replacement parts, power, fuel, or connectivity;
• acts or omissions of third parties outside NuCDN’s reasonable control; and
• other circumstances that could not reasonably have been prevented through ordinary commercial measures.

Force Majeure events are excluded from Downtime and Service Credit calculations.

NuCDN will use commercially reasonable efforts to mitigate the effects of a Force Majeure event and restore the affected Services when reasonably practicable.

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33. MODIFICATIONS

NuCDN may update this SLA to reflect changes in:

• Services;
• technology;
• network architecture;
• monitoring methods;
• support procedures;
• supplier relationships;
• security requirements;
• Applicable Law;
• regulatory requirements;
• pricing structures; or
• business operations.

The current version will be posted at:

https://www.nucdn.co/legal/sla/

NuCDN will revise the “Last Updated” date when changes are published.

Where a change materially reduces an availability commitment for an active paid Service, NuCDN will provide reasonable advance notice where practicable, unless immediate effectiveness is reasonably required for security, legal, supplier, technical, or emergency reasons.

Unless an Order states otherwise, an updated SLA applies beginning with the next renewal term or the effective date stated in the update.

Continued use of the Services after the applicable effective date constitutes acceptance of the revised SLA.

An amendment does not retroactively reduce an approved Service Credit or change a Claim properly submitted before the amendment’s effective date.

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34. GOVERNING TERMS

This SLA is governed by and construed in accordance with the NuCDN Terms and Conditions.

The following Terms and Conditions provisions remain fully applicable:

• governing law;
• jurisdiction and venue;
• dispute resolution;
• warranty disclaimer;
• limitation of liability;
• force majeure;
• electronic communications;
• assignment;
• waiver;
• severability;
• interpretation; and
• entire agreement.

This SLA does not replace the Terms and Conditions and must be interpreted consistently with them.

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35. CONTACT INFORMATION

For SLA Claims, technical incidents, or SLA-related inquiries, contact:

Cañaveral Group (CGC), acting through NuCDN

Support Portal: https://my.nucdn.co/submitticket.php
Legal and Compliance: legal@nucdn.co
Telephone: +63 961 904 8179
Business Address: Unit E-0054, 5th Floor, CBC Asia Technozone, Aguinaldo Highway, Talaba I, Bacoor City, Cavite 4102, Philippines

Service Credit Claims must be submitted through the support portal and should use a clear subject line such as:

• SLA Credit Request — CDN Service for example.com
• SLA Credit Request — DNS Zone for example.com
• SLA Credit Request — Virtual Server VPS-12345
• SLA Credit Request — Dedicated Server DS-12345

Sending a Claim only to the legal email address does not replace the requirement to submit the Claim through the support portal unless NuCDN confirms otherwise in writing.

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36. ACCEPTANCE

BY PURCHASING, RENEWING, ACCESSING, CONFIGURING, OR USING AN ELIGIBLE SERVICE, THE SUBSCRIBER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO THIS SLA, THE TERMS AND CONDITIONS, AND ALL APPLICABLE INCORPORATED POLICIES.

IF THE SUBSCRIBER DOES NOT AGREE TO THIS SLA, THE SUBSCRIBER MUST NOT PURCHASE, RENEW, OR CONTINUE USING AN ELIGIBLE SERVICE.

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