Service Level Agreement
Last updated: MAR 20, 2019
This Service Level Agreement (“SLA”) is a policy governing the use of EZVIZ Cloud Services under the terms of EZVIZ Cloud Platform Services Agreement (the Main Agreement) between Hangzhou EZVIZ Software Co., Ltd. and its affiliates (“EZVIZ”) and users of EZVIZ Cloud Services (“CUSTOMER”). Unless otherwise provided herein, this SLA is subject to the terms of the Main Agreement and capitalized terms shall have the meaning specified in the Main Agreement. EZVIZ reserves the right to change the terms of this SLA in accordance with the Main Agreement.
Definition:
Annual Uptime Percentagemeans a percentage of Service availability calculated by reference to the following formula:
Annual Uptime Percentage = 100% * [MTBF / (MTBF + MTTR)]
MTBF refers to Mean time between failure in a calendar year; Failure is defined as Service fault that affects 20% end users of
EZVIZ Cloud Platform or more
MTTR refers to Mean time to repair in a calendar year.
Service Credit means a credit, calculated as set forth below, that EZVIZ may credit back to CUSTOMER.
Service Commitment
EZVIZ will use commercially reasonable efforts to make EZVIZ Cloud Services available with a n Annual Uptime Percentage during any calendar yearly cycle as below (the “Service Commitment”):
Service Item | Annual Uptime Percentage |
B - Video Streaming Services | 99.90% |
B - Alarm Services | 99.90% |
C - Video Streaming Services | 99.90% |
C - Alarm Services | 99.90% |
C - Cloud Storage Services | 99.90% |
In the event EZVIZ does not meet the Service Commitment, CUSTOMER shall be eligible to require remedy as described below.
Claims for Service Credits and Payment Process
To receive a Service Credit, CUSTOMER will need to submit a claim within thirty (30) days of the event giving rise to the claim. CUSTOMER’s failure to submit the claim within this period will be deemed to be an irrevocable waiver of CUSTOMER’s right to claim and receive such Service Credit. CUSTOMER’s claim must include:
i. the words “SLA Credit Request” in the subject line;
ii. a detailed description of the incident;
iii. the date and times of each failure incident;
iv. information relating the affected instances; and
v. any other information that EZVIZ reasonably ask CUSTOMER to provide to support the claim.
If the Annual Uptime Percentage of such request is confirmed by EZVIZ and is less than the Service Commitment, then EZVIZ will issue the Service Credit to CUSTOMER within sixty (60) days following the confirmation.
Service Credits are calculated as a percentage of the charges paid by CUDTOMER for EZVIZ Cloud Services that did not meet the Service Commitment of C-Cloud Storage Services in a yearly billing cycle in accordance with the schedule below.
Annual Uptime Percentage | Service Credit Percentage |
Less than 99.90% but equal to or greater than 99.0% | 10% |
Less than 99.0% but equal to or greater than 95.0% | 30% |
Less than 95.0% | 100% |
EZVIZ will apply any Service Credits in the form of credit rebate only against future C – Cloud Storage Services payments otherwise due from CUSTOMER. Service Credit will not entitle CUSTOMER to any refund or other payment from EZVIZ. Unless otherwise provided in the EZVIZ Cloud Platform Service Agreement, CUSTOMER’s sole and exclusive remedy for any unavailability or non-performance or other failure by EZVIZ to provide C – Cloud Storage Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
For other service item of EZVIZ Cloud Services which are free of charge, CUSTOMER’s remedy for the unavailability or non-performance or other failure by EZVIZ to provide corresponding services shall be otherwise agreed by the Parties.
Exclusion
This SLA does not apply to any unavailability, suspension or termination of EZVIZ Cloud Services, or any other issues related to EZVIZ Cloud Services:
(a) caused by factors that are out of EZVIZ’s reasonable control, including any force majeure event or Internet access or related
problems beyond the demarcation point of EZVIZ Cloud Services;
(b) that result from any actions or inactions of CUSTOMER or any third party;
(c) that result from CUSTOMER’s equipment, software or other technology and/or third party’s equipment, software or other
technology(other than third party’s equipment within EZVIZ’s direct control); or
(d) that result from EZVIZ’s suspension and termination of CUSTOMER’s right to use EZVIZ Cloud Services.