Video Monitoring Service Level Agreement (SLA)

Effective 1/1/19

1. Monitoring Responsiveness
   1. The time required for a video event to begin initial review will take no longer than thirty (30) seconds from the time it is received (except during Maintenance Windows). Any breach by Pro-Vigil of this guarantee will be referred to as a “Queue Time Interruption.”
2. System Uptime
   1. Pro-Vigil’s monitoring platform will be operational 99.999% of the time (except during Maintenance Windows). Any breach by Pro-Vigil of this guarantee will be referred to as a “Monitoring Platform Interruption.”
3. Guaranteed Communication to Report Critical System Interruptions
   1. The time required to notify Client if Client’s system  becomes inaccessible and  will take no longer than 24-hours (except during Maintenance Windows). Any breach by Pro-Vigil of this guarantee will be referred to as a “Critical System Interruption.”
4. Remedies
   1. For each continuous thirty-minute (a) Monitoring Responsiveness, (b) System Uptime, or (c) Guaranteed Communication to Report Critical System Interruptions, Pro-Vigil will credit Client’s account five (5) percent (each an “SLA Credit”) of Client’s Four Week Billing amount, up to 100% of such invoices. Interruptions lasting less than thirty continuous minutes will not qualify for SLA Credits.
5. Procedures
   1. To receive an SLA Credit, Client must submit an SLA Ticket through https://portal.pro-vigil.info within seven (7) days of an Interruption.
      1. Client’s SLA Ticket must contain:
         1. Client’s account number and contact information;
         2. A full description of the Service Interruption, including logs, if applicable;
      2. Pro-Vigil will determine, in its sole discretion, the validity of each claim. For each valid claim Pro-Vigil will issue an SLA Credit within thirty (30) days of its determination that the claim is valid.
6. Limitations
   1. Client may qualify for SLA Credits for more than one type of guarantee, but the total SLA Credits given in any one Four Week Billing Period cannot exceed 100% of Client’s invoice for Video Monitoring Services in the Four Week Billing Period the Service Interruption occurred.
   2. SLA Credits will only be paid as a credit toward Client’s account and will not be paid in cash.
   3. SLA Credits are limited by this Agreement.
7. Exceptions
   1. SLA Credits may not be issued, and any applicable SLA Credits may be forfeited, if:
      1. Client’s account is past due or has been suspended or cancelled by Pro-Vigil;
      2. Client has been notified by Pro-Vigil three (3) or more times in the preceding twelve (12) months that their account is in arrears or is, or may be:
         1. in violation of this Agreement, or
         2. a Service Interruption is due to an action or actions taken by Client, or by another person that Client authorized to access their account.
   2. Any Client who makes excessively false claims will be charged fifty (50) dollars for each such claim.
8. Support Problems Caused by Client
   1. If Pro-Vigil determines that the issues identified in an SLA Ticket were the result of Client’s action or inaction, Pro-Vigil’s support required to repair these actions taken (or by another person authorized to access Client’s account) will be billed to Client as additional support at Pro-Vigil’s then current rate.
9. Maintenance Windows
   1. “Maintenance Windows” include both Scheduled Maintenance Windows (for example, Client received prior notice) and Emergency Maintenance Windows (for example, because of immediate threats to Pro-Vigil’s systems or to Client’s equipment, Client received no prior notice).
10. Limited Liability
    1. This SLA provides Pro-Vigil’s only liability for malfunctions of, defects in, or any other performance-related issues associated with a particular Service. Client’s sole and exclusive remedy against Pro-Vigil for failure to meet the metrics set out in the SLA shall be the remedies set out in this document.
11. Right to Modify
    1. Pro-Vigil reserves the right to Modify this SLA at its sole discretion.