Seek Service Level Agreement

Last Updated: January 1, 2019

This Seek Service Level Agreement (this “SLA”) is a policy governing the use of the Included Products and Services (listed below) by you or the entity you represent (“you”) under the terms of any Agreement (“Agreements”) between Seek, LLC and its affiliates (“Seek”, “us” or “we”) and you. This SLA applies separately to each account using the Included Products and Services. Unless otherwise provided herein, this SLA is subject to the terms of the Agreements and capitalized terms will have the meaning specified in the Agreements. We reserve the right to change the terms of this SLA in accordance with the Agreements.

Included Products and Services

Service Commitment

Seek will use commercially reasonable efforts to make the Included Products and Services each available with a Monthly Uptime Percentage (defined below) of at least 99.7%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for any of the Included Products and Services affected for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
97.0% to 99.7% 5%
96.0% to 96.9% 10%
95.0% to 95.9% 15%
94.9% or less 25%

We will apply any Service Credits only against future Seek payments 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 Seek. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreements, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide SeekView or Seek Dynamic AR 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 sending an email to “support@seekxr.com”. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident 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 request and other information as required above will disqualify you from receiving a Service Credit.

Seek SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Seek Services, or any other Seek performance issues: (i) that result from a suspension described in the Agreements; (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 Seek, such as Unavailability of Amazon Web Services; (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 any maintenance as provided for pursuant to the Agreements; or (vi) arising from our suspension and termination of your right to use Seek services in accordance with the Agreements (collectively, the “Seek SLA Exclusions”). 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.