Service Level Agreement – EZ PTZ CONNECT SOFTWARE SERVICE

Version 1.0 – March 2019

This EZPTZ Service Level Agreement (“SLA”) between EZ PTZ AS (“EZ PTZ”, “us” or “we”) and users of the EZPTZ Services (“you”) governs the use of the EZPTZ Connect Services under the provisions of the EZPTZ Connect Terms of Service (the “Terms”).

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.

  1. EZPTZ Service Commitment: 98% Uptime

EZPTZ will use commercially reasonable efforts to make your EZPTZ Connect Services available with a Monthly Uptime Percentage of at least 98% during any annual billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

An annual Uptime Percentage of 98% means that we guarantee you will experience no more than 10,512 min/year of Unavailability.

  1. Definitions

“Maintenance” means scheduled Unavailability of the EZPTZ Connect Services, as announced by us prior to the EZPTZ Connect Services becoming Unavailable.

“Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the year in which the EZPTZ Connect Services were Unavailable. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Service Credit” means a credit in access to services offered by EZPTZ Connect Services, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” means, for services, when your service is not running or not reachable due to EZ PTZ AS’ fault. This excludes (a) pc’s where resources (RAM, CPU, disk, as applicable) are insufficient; and (b) Unavailability of EZPTZ Connect Services due to customer server issues or changes in configuration or security.

  1. Service Commitments and Service Credits

Service Credit is calculated as a percentage of the total time in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:

For Annual Uptime Percentage less than 98.0%, you will be eligible for an extension of EZPTZ Services equivalent to the time where Services were unavailable.

For example, if you have scheduled an EZPTZ Connect session and the Service is Unavailable for 25 minutes, you would be eligible for a Service Credit of that 25 minutes.

We will apply any Service Credits only against future payments for the Services otherwise due from you. Service Credits will not entitle you to any refund or other payment from EZ PTZ AS. A Service Credit will be applicable and issued only if the time Unavailable amount for the applicable annual billing cycle is greater than 10,512 minutes. Service Credits may not be transferred or applied to any other account.

  1. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

  1. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing contact@ezptz.no. To be eligible, the credit request must be received by us by the end of the annual billing cycle in which the incident occurred and must include:

  • the words “SLA Credit Request” in the subject line;
  • the dates and times of each Unavailability incident that you are claiming;
  • the account handle(s); and
  • logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you for the billing cycle following the year in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

  1. SLA Exclusions

The Service Commitment does not apply to any Unavailability:

  1. That results from a suspension or Remedial Action, as described in the Terms;
  2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the EZPTZ Connect software or network;
  3. That results from any actions or inactions of you or any third party;
  4. That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
  5. That results from failures of EZPTZ Connect Services not attributable to Unavailability; or
  6. That results from any Maintenance.

If availability is impacted by factors other than those used in our Annual Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

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