Media Streaming SLA

THIS CONTRACT is made between  EGLA COMMUNICATIONS, a Florida corporation located at 4890 NW 101st Ave, Coral Springs, FL, 33076 (hereinafter called “EGLA COMMUNICATIONS”) and _________________,  located at  __________________ hereafter the “Client”.

EGLA COMMUNICATIONS offers a 99.99% uptime guarantee to all customers on our premium network services – this includes multimedia delivery.

In the unlikely event of uptime falling below 99.99% in any one full calendar month, EGLA COMMUNICATIONS will credit the CLIENT account upon request as follows:
99 – 99.99% – 3% of monthly fee credited
95 – 98.999% – 6% of monthly fee credited

90 – 94.999% – 10% of monthly fee credited
89.999% or below – 25% of monthly fee credited

Any refunds under the service level agreement will be credited to your EGLA COMMUNICATIONS user account and may be put towards any outstanding or future invoices. To request a refund under the service level agreement, please open email sla@eglacomm.net. Customers are only entitled to a refund if the server that they are hosted on falls below 99.99% uptime in a given month.

EGLA COMMUNICATIONS is not responsible for, and therefore this SLA does not apply to service outages caused by equipment not operated by EGLA COMMUNICATIONS including but not limited to Internet NAP failures, DOS (Denial of Service) Attacks, backbone failures, routing problems or any issues outside of our network. The agreement does not cover planned maintenance or where EGLA COMMUNICATIONS has given customers prior notice. It is the customer’s responsibility to keep up to date with service announcement

Requests must be made in the first 5 days of the month succeeding the month of the outage.

Service Duration.
The initial term of this agreement is for 1 year. This agreement will automatically renew for successive one-year renewal terms unless you or EGLA COMMUNICATIONS provides notice of cancellation to the other party at least 30 days before the notice to EGLA COMMUNICATIONS or by calling EGLA COMMUNICATIONS

Taxes and Other Charges.
You are responsible for and agree to pay all sales, use and telecommunications taxes, and all other taxes, fees and charges imposed on you, EGLA COMMUNICATIONS, in connection with the purchase and installation of the services. The taxes, fees and charges will be added to your bill.

Prices and Payments

Customer agrees to pay the price listed in Exhibit A for a period of the duration of this contract from the signature of this contract arrangement..

Payments are made on the 1st day of the month via check to:

EGLA COMMUNICATIONS
4890 NW 101st AVE,
CORAL SPRINGS, FL, 33076

A late fee of 5% is added to each payment received 5-days after due date, if deposit funds are not sufficient to cover a late payment and late fees, the service will be deactivated upon 10 days of a written notice

Termination or Modification for Excessive Use.

If EGLA COMMUNICATIONS determines that your usage of the streaming services is so excessive that it interferes or could interfere with EGLA COMMUNICATIONS ability to provide timely, high-quality services to its other subscribers, or if EGLA COMMUNICATIONS determines that your usage constitutes a nuisance or is otherwise not consistent with the terms of this agreement, then EGLA COMMUNICATIONS may in its discretion suspend, modify or terminate the services provided to you, without any advance notice.

 

 

Property Rights

The Client retains copyright ownership of all streamed and stored audio and video content. The Client hereby grants EGLA COMMUNICATIONS the right to stream this material thru EGLA COMMUNICATIONS and the EGLA COMMUNICATIONS website only to the customers that The Client specifies. The Client warranties all copyrights and trademarks are covered by all content provided to EGLA COMMUNICATIONS.

Privacy and confidentiality

The client and EGLA COMMUNICATIONS will hold all dealings confidentially. Any research and development will be kept confidential.
Notwithstanding the aforementioned, nothing in this Contract shall be construed to prevent or restrict EGLA COMMUNICATIONS from disclosing or using in the course of its business any technical knowledge, skill or expertise of a generic nature acquired by UBIWIRLEES in the performance of this Contract.

Force Majeure.

UBIWIRESS  and CLIENT will not be responsible for the failure to provide Streaming Services to you if caused by any of the following: any act or omission or any emergency agency or any other third-party service or product provider; equipment failures or shortages; damage to the any hosting response center, any land or wireless communications networks; acts of nature, labor strikes or war; or any other act or event that is outside of the reasonable control of EGLA COMMUNICATIONS and CLIENT. UNDER ANY OF THESE CIRCUMSTANCES, EGLA COMMUNICATIONS MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE SERVICES OR TERMINATE THIS AGREEMENT WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY. MOREOVER, YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT.

Limitation of Liability

EGLA COMMUNICATIONS warrants that:
a.  In providing the Support Services it shall use reasonable skill and care; and
b.  It has the right to grant the software rights specified,
c.  Except as aforesaid, EGLA COMMUNICATIONS gives no other warranties or conditions, express or implied, including but not limited to warranties or conditions of merchantable quality or fitness for particular purposed

 

 

The Client warrants that:

            a. The Client provides all copyrights to all content provided to EGLA COMMUNICATIONS

b. That will notify EGLA COMMUNICATIONS on end-points increases.

Changes to Service Level Agreement

EGLA COMMUNICATIONS or the Client, at any time during the course of this contract, may request changes to the “Service Level Agreement”. Each party shall have the right to reject any such change, but shall not  exercise such right unreasonably. Change requests shall be made in writing

Waiver

Any delay in not enforcing any part of the Contract by either party shall be not deemed as a waiver on any part of the contract. Any additional services provided by EGLA COMMUNICATIONS shall not be construed as a precedent for future service provision. EGLA COMMUNICATIONS reserve the right to amend and update these terms and conditions of service with a 5 day notice

Confirmation of Acceptance of these Terms and Conditions

Client Organization: __________________________________________
Signature:   _________________________________________________
Print Name:   ________________________________________________
Title:    _____________________________________________________
Date   ______________________________________________________

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