This Ross Video Cloud Service Level Agreement (this “SLA”) between Ross Video Limited and its affiliates (“Ross Video”, “us” or “we”) and you or the entity you represent (“you”), governs the use of the Cloud Products and Services (listed below) by you. This SLA applies separately to each account using the Cloud Products and Services where the SLA premium has been purchased.
Cloud Products and Services
The target availability of the Cloud Products and Services is a Monthly Uptime Percentage (defined below) of 99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Cloud Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. This SLA sets out your sole and exclusive remedy for any failure by Ross Video to meet the Service Commitment.
Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by you for the purchased Cloud Products and Services affected during the monthly billing cycle in which the Unavailability occurred, in accordance with the following:
We will apply any Service Credits only against future payments for Cloud Products and Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Ross Video. Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Cloud Products and Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a case in the Ross Video Support Center. To be eligible, the Service Credit request must be received by us no later than the end of the second billing cycle after which the Unavailability occurred and must include:
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 within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the Service Credit request and other information as required above will disqualify you from receiving a Service Credit. We reserve the right to change the Service Credit process described above and will provide advance notice to you of any such change. We reserve the right to modify the credit request process at any time.
Ross Video Cloud SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Ross Video Cloud Products and Services, or any related performance issues: (i) that result from a suspension; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of our cloud provider; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from abuses or other behaviours on your part that are outside the scope of this SLA; or (vii) arising from our suspension or termination of your right to use the Ross Video Cloud Products and Services. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.