Peoplecall will use commercially reasonable efforts to make CloudSurgard available at a percentage of monthly uptime during any monthly billing cycle of at least 99.99%. In the event that CludSurgard fails to meet the Service Commitment, the customer will be eligible to receive a service compensation as described below.
The compensation is calculated as a percentage of the charges paid by the client in the concept of “account capacity”, that is, the amount that results from calculating the price determined by the number of panels that said account can admit.
| Monthly Uptime Percentage (MUP) | Compensation |
|---|---|
| Less than 99.99% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 95.0% | 25% |
| Less than 95.0% | 100% |
The compensation will be applied in the following payments.
The Service Commitment does not apply to any unavailability, suspension or termination of CloudSurgard, or any other CloudSurgard performance issues: (i) caused by factors beyond our reasonable control, including any force majeure event or Internet access or related problems beyond the scope of CloudSurgard (ii) resulting from any action or inaction on your part (for example, incorrect configuration or failure of internet connection or connectivity, firewalling problems, certificate management or custody problems, failures in the access proxy or fault in the configurations of the Alarm Management Software (iii) resulting from not following the guidelines and best practices described in the CloudSurgard Documentation; (iv) resulting from your equipment, software or other technology; or (v) arising out of our suspension or termination of your right to use CloudSurgard in accordance with the Agreement.
If availability is affected by factors other than those used explicitly in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
In general, the service is “Available” when a panel makes a call to a cloudsurgard number and the call is answered before the alarm panel finishes its attempts (normally 4 or 5), the call is decoded and transmitted to the alarm center through an active connection.
The service is considered unavailable in the following cases:
The service is considered NOT available if more than 50% of calls are affected by unavailability as described above.
The MUP (Monthly Uptime Percentage) is calculated as the average availability of all 5-minute intervals in one month. In the MUP measurements, fall times that are caused directly or indirectly are excluded. by the sections indicated in the “Exclusion” section