Invoice Methodologies
Outline
This document contains descriptions of Edgio’s calculation methodologies for billing, as well as Usage measurements.
A. Definitions
The following capitalized words have the corresponding meanings, as set forth below. Capitalized terms used in this summary without definition have the meanings assigned to them in the Terms of Service or the applicable Order Form.
“5 Minute Data Sample(s)” means Edgio’s measurement in megabits per second (Mbps), or other bits per second unit, of Customer’s total Traffic, or the uncompressed equivalent, every five minutes for each service connection.
“95th Percentile” or “95/5” means every five minutes, Edgio’s bandwidth monitoring will measure Customer’s Usage for each service connection from each applicable Point of Presence in a Region to determine Customer’s Usage for that Region. The highest 5 percent (5%) of the measured bandwidth utilization rates in each Region will be discarded, and the next highest remaining data point will be the “95th Percentile Rate” for that Region.
“Annually Recurring Fee(s)” means Fees for Services invoiced one time per calendar year.
“Base Unit Price” means the Unit Price applied to all Traffic Usage globally, prior to the addition of any Premium Rates.
“Billing Period” means a monthly interval of time corresponding to each invoice issued for Customer’s Usage of the Services, unless otherwise designated in an Order Form. The first and last Billing Period may be an interval less than one month.
“Burstable Rate” means the Unit Price for Overages.
“Customer Portal” or “Control” means the Edgio’s control and self-service center portal available for Customer’s use.
“Fee(s)” means sum(s) to be invoiced by Edgio and paid by Customer.
“Minimum Monthly Commitment” means Customer’s commitment to purchase the monthly minimum quantity of Services and to pay the Monthly Recurring Fees each Billing Period, as set forth in the Order Form.
“Minimum Commitment” means Customer’s commitment for the duration of the Term to purchase the minimum quantity of Services at the corresponding Unit Prices and Fees as set forth in the Order Form. The Minimum Commitment may include Monthly Recurring Fees, One-Time Fees, and Annually Recurring Fees, and any other minimum quantity of Services as set forth in the Order Form. That portion of the Minimum Commitment that relates to Usage is sometimes referred to as the “Usage Commitment.” Any portion of the Minimum Commitment expressed in U.S. Dollars or other approved currency is sometimes referred to as a “Purchase Commitment.”
“Monthly Recurring Fee(s)” means Fee(s) for Services incurred each calendar month and invoiced on a per Billing Period basis during the Term.
“One-Time Fee(s)” means Fee(s) invoiced one time during the Term.
“Overages” means Usage in excess of a Usage Commitment.
“Platform Fee(s)” means fixed Fee(s) for accessing the applicable Service each Billing Period.
“Premium Rate” means a Unit Price in addition to, and not in lieu of, the otherwise applicable Unit Price(s) or Fee(s).
“Professional Services” means professional consulting services related to implementing and maintaining Projects on behalf of Customer, as identified in an Order Form.
“Region” means a discrete geographical area, as further defined below, within which Points of Presence reside. Not every country in a Region contains a Point of Presence. Points of Presence may be added to, or removed from, a Region in Edgio’s sole discretion and at any time.
“Request” means a request to a server to take action, which request is either received by the Edgio network or issued by the Edgio network to an origin, regardless of the incidence or type of response.
“Traffic” means Content sent or received by or on behalf of Customer utilizing the Services.
“Traffic Shaping” means Edgio’s manipulation and prioritization of Traffic for more efficient use of bandwidth to reduce the impact of that Traffic from affecting other Edgio customers and the Edgio network. Traffic Shaping includes, but is not limited to, throttling, rate limiting, or geographically redistributing the Traffic.
“Unit Price” means the per-unit Fee for Usage of a Service.
“Usage” means the amount of Customer’s utilization of a particular Service.
B. Measuring Usage
For Services measured in megabits per second (Mbps), gigabits per second (Gbps), or other bit-per-second unit, Usage is based on the 95th Percentile. Services measured in megabytes (MB), gigabytes (GB), terabytes (TB), or petabytes (PB), are invoiced based on cumulative total of Usage, or the uncompressed equivalent, as measured by Edgio. Other Services are invoiced by measuring Usage in the form of the number of Requests, Queries per Second (QPS), the number of hours consumed, or other unit of measure set forth in the Order Form. Edgio measures Customer’s Usage on a regional basis. Regional Premium Rates, as set forth in an Order Form, apply to the Regions defined below. The geographies included in each Region follow the classifications set forth by the United Nations Statistics Division’s M49 standard, with exceptions noted.
“Northern America Region” includes Northern America.
“Europe Region” includes Europe.
“APAC Region” includes South-eastern Asia and Eastern Asia; excludes Democratic People’s Republic of Korea and Republic of Korea.
“Latin America and Caribbean Region” includes Latin America and the Caribbean.
“India Region” includes India.
“Korea Region” includes the Democratic People’s Republic of Korea and Republic of Korea.
“Rest of World Region” includes Africa, Antarctica, Oceania, Central Asia, Southern Asia, and Western Asia; excludes India.
C. Invoicing
Edgio invoices for Services as set forth below:
☐ Invoicing for any particular Services begins on the Effective Date.
☐ One-Time Fees and Annually Recurring Fees are invoiced in advance, following the Effective Date.
☐ Monthly Recurring Fees are invoiced in advance each Billing Period, regardless of whether Customer uses or satisfies the Usage Commitment. Any unused portion of the Usage Commitment does not carry over to a subsequent Billing Period for Customer’s use.
☐ Usage not otherwise included in the Monthly Recurring Fees; Overages; and Fees for Professional Services are invoiced in arrears each Billing Period.
☐ Overages are invoiced by multiplying the excess Usage by the applicable Burstable Rate. If a separate Burstable Rate is not listed in an Order Form, then the Unit Price otherwise stated in the Order Form applies.
☐ Minimum Commitments are calculated by multiplying Usage at the applicable Base Unit Price, without regard to Premium Rates or other Fees. Customer’s use of the Service means acceptance of delivery of invoices by electronic mail. However, Edgio reserves the right to use other methods of delivery if electronic mail is unavailable. Upon Customer’s request, an additional form of invoice delivery may be available.
D. Traffic Spikes
A “Traffic Spike” means a 5-Minute Data Sample indicating Customer’s bandwidth utilization increase by more than 20% over Customer’s prior Usage, as averaged over the immediately preceding three months for the same time of day and the same geographic location. Customer must provide at least 48 hours advance notice to Edgio of a Traffic Spike, which must include Customer’s anticipated Usage (“Spike Notice”). Edgio’s acceptance, if any, of a Traffic Spike, will be given in its sole discretion, within a reasonable time after Edgio’s receipt of the Spike Notice, and prior to the anticipated Traffic Spike. Traffic Spikes are excluded from Service Level Agreements, credits, or remedies and Edgio reserves the right, in its sole discretion, to use Traffic Shaping to deny, suspend, or terminate Services if Customer’s Traffic creates a Traffic Spike.
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