Peoplecall will make all commercially reasonable efforts for CloudSurgard to be available with a Monthly Uptime Percentage during any monthly billing cycle of at least 99.99%. In the event that CloudSurgard does not meet the Service Commitment, the customer will be eligible to receive a service credit as described below.

Service Credits

The credit is calculated as a percentage of the charges paid by the customer for "account capacity", that is, of the amount resulting from calculating the price determined by the number of panels that said account can support.

Monthly Uptime Percentage (MUP)	Credit
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 credit will be applied to subsequent payments.

Exclusions

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) that result from any action or inaction on your part (e.g., incorrect configuration or faulty internet connection or connectivity, firewalling issues, certificate management or custody problems, failures in the access proxy, or failures in the Alarm Management Software configurations); (iii) that result from not following the guidelines and best practices described in the CloudSurgard Documentation; (iv) that result from your equipment, software, or other technology; or (v) that arise from our suspension or termination of your right to use CloudSurgard in accordance with the Agreement.

If availability is affected by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Definitions

Availability

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 terminates its attempts (usually 4 or 5), the call is decoded, and it is transmitted to the alarm central station through an active connection.

Unavailability

The service is considered unavailable in the following cases:

• If the access telephone lines are not available.
• If calls are picked up but cannot be decoded.
• If, after decoding, the signals are delivered to the Alarm Central Station with a delay greater than 3 minutes.

The service is considered NOT available if more than 50% of the calls are affected by unavailability as described above.

Monthly Uptime Percentage (MUP)

The MUP is calculated as the average of the availability of all 5-minute intervals in a month. Downtime resulting directly or indirectly from the items listed in the “Exclusions” section is excluded from the MUP measurements.