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Policies: Service Level Agreement

This document serves to provide a detailed description of the service level Cyber View provides through the various services and hosted solutions offered to our Clients.

Cyber View Services:

  • Definitions
    For purposes of this Service Level Agreement:
    • "scheduled maintenance" means maintenance that is announced at least ten business days in advance, and that does not exceed the time duration specified in the announcement.
    • "service" means any function performed by an on-line system created by Cyber View for use by our Clients or other individual authorized by Cyber View.
    • "hosted solutions" or typically called in the industry "software-as-a-service" solutions, means a web-based system on a server maintained by Cyber View in which the Client accesses through the Internet. Currently our hosted solutions include our content management system (CyberStudio) and our residential life management system (ResLife Portal SaaS).
  • Network
    Cyber View will provide our best efforts to make Cyber View's services and hosted solutions with an available uptime of 96% of the time in any given annual billing period, excluding scheduled maintenance.
  • Migration
    If a web server migration of our services and/or hosted solution is required because of a server degradation, Cyber View will notify Client at least 24 hours in advance of beginning the migration, unless Cyber View determines in our reasonable judgment, that Cyber View must begin the migration sooner to protect Client's data. Either way, Cyber View will provide our best efforts that the migration will be complete within twenty-four hours of the time we begin the migration.
  • Problem Notification
    If a failure occurs, please contact support [at] cyberviewsites [dot] com to notify Cyber View of the situation. Our team will then assess the situation as in accordance with this Service Level Agreement.
  • Credits
    If Cyber View fails to meet a service level stated above, Client will be eligible for a credit. Credits will be calculated as a percentage of the fees for the services and/or hosted solutions adversely affected by the failure for the current annual billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
    • Network: Five percent (5%) of the fees for each 30 minutes of network downtime, up to 100% of the fees;
    • Migration: Five percent (5%) of the fees for each additional hour of downtime, up to 100% of the fees.
  • Limitations
    Client is not entitled to a credit if Client is in breach of Client's services with Cyber View (including Client's payment obligations to us) until Client has cured the breach. Client is not entitled to a credit if downtime would not have occurred but for Client's breach of the Agreement with Cyber View or Client's misuse of a Cyber View system. Cyber View is not responsible for any system unavailability caused by circumstances beyond Cyber View's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Cyber View's employees), or Internet service provider failures or delays.

    To receive a credit, Client must contact their Cyber View account team within thirty (30) days following the end of the downtime. Client must show that Client's use of the Cyber View system was adversely affected in some way as a result of the downtime to be eligible for the credit.

    This Service Level Agreement is Client's sole and exclusive remedy for Cyber View system unavailability.

    Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the annual billing period, shall not exceed 100% of Client's fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.

    This Service Level Agreement is part of Client's Agreement with Cyber View and is subject to the terms and conditions stated in those documents.
  • Client's Responsibilities
    Client shall be responsible for:
    • all of their users' compliance with this Agreement,
    • contacting their Cyber View account team within thirty (30) days following the end of the downtime, as stated in section "VI. Limitations,"
    • be solely responsible for the accuracy, quality, integrity and legality of Client's data and of the means by which Client acquired the data,
    • use commercially reasonable efforts to prevent unauthorized access to or use of the purchase services, and notify Cyber View promptly of any such unauthorized access or use, and
    • use of Cyber View services only in accordance with the User Guide and applicable laws and government regulations.
    Client shall not:
    • make the licensed services available to anyone other than authorized users by Cyber View and/or Client,
    • sell, resell, rent or lease the services,
    • use the services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights,
    • use the services to store or transmit malicious code,
    • interfere with or disrupt the integrity or performance of the services or third-party data contained therein, or
    • attempt to gain unauthorized access to the services or their related systems or networks.

Services Provided through Third-Parties:
As stated in the Master Service Agreement, Cyber View utilizes some Third-Party Vendors to enhance and/or provide our services to our Clients, below are web site addresses of the "terms of use" and/or "service level agreements" of these parties:

Last Update: 2010-04-05