Service Level Agreement (SLA)

Coverage and Terminology

This Service Level Agreement (SLA) applies to you ("customer") if you currently hold an account with any of the services from EyeSee (the "Services") and your account is current (i.e., payment not past due) with EyeSee.

As used herein, the term "Service Availability" means the percentage of a particular month (based on  24-hour days for the number of days in the subject month) that the hosted service is available for access (both submission or uploading of content, and web application usage), as measured by EyeSee.

1.  Service Level

Objective:  EyeSee aims to achieve greater than 99% Availability for all customers.

Remedy:  Except under the conditions mentioned in the next section below, if the Service Availability is less than 99%, EyeSee will issue a credit to customer according to the following table:

The credit will be calculated based on the monthly service charge for the affected Services. Charges for Events are not subject to refund as are deemed to have been sent prior to being recorded and billed.

2. Maintenance Procedures

a. EyeSee will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer. This will be posted on our website and may additionally be emailed

b. EyeSee reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.

3. Conditions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

a. Circumstances beyond EyeSee's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

b. Failure of EyeSee’s upstream service providers (i.e., Internet access, server and storage providers, SMS gateway providers), unless such failure is caused solely by EyeSee;

c. Scheduled maintenance and emergency maintenance and upgrades;

d. Issues with file transfer (e.g. FTP, HTTP/S, SMTP), or system notifications (e.g. TCP, HTTP, SMTP);

e. False SLA breaches reported as a result of outages or errors of any EyeSee’s monitoring and measurement systems;

f. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation any negligence, willful misconduct, or use of the Services in breach of EyeSee’s Terms of Service and Use Policy;

g. Email or ftp delivery and transmission of uploaded content;

h. Any equipment, services or devices not provided as part of the EyeSee Services. This includes customer or supplier equipment and connectivity failures, including: customer Cameras, IP Cameras, Sensors, Digital Video Recorders (DVR), network switching equipment, routing equipment, Internet Service Provider (ISP) outages

i. Outages elsewhere on the Internet that hinder access to your account. EyeSee will guarantee only those areas considered under the control of EyeSee

4. Credit Claim and Recharge Procedure

In order to receive a credit, customer must make a request by raising a support ticket from the customer management & support system, or emailing with service information. Each request in connection with this SLA must include customer's account name and the dates and times of the unavailability of the service and must be received by EyeSee within ten (10) business days after customer's service was not available. If the unavailability is confirmed by EyeSee, credits will be applied within two billing cycles after EyeSee's receipt of customer's credit request. Credits are not refundable and can be used only towards future subscription billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total service or subscription fee paid by customer for such month for the affected Services.

Credits are exclusive of any applicable taxes charged to customer or collected by EyeSee and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Service Availability.