Click to Ask a Question

ESurvey shall use all reasonable commercial efforts to ensure that the ESurvey  and ESurvey GPS Service ( Arcangel )  is operating and available 99.9% of the time in any calendar month, excluding Scheduled Downtime. In the event Partner or Subscriber experiences any of the service availability issues defined below, Partner or Subscriber will be eligible to receive the Service Credits described below.

Definitions. The following definitions shall apply.

"Downtime" means inability to access and ESurvey GPS Service ( Arcangel ) due to server side errors and reachability errors attributable to and ESurvey GPS Service ( Arcangel ). Downtime is measured based on the reachability of individual and ESurvey GPS Service ( Arcangel ) as measured by an application monitoring tool.

“Downtime Period" means, thirty or more consecutive minutes of Downtime. Intermittent Downtime for a period of less than thirty minutes will not be counted towards any Downtime Periods.

“Monthly Uptime” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month.

"Monthly Uptime Percentage" means the percentage calculated by dividing Monthly Uptime by the total number of minutes in a calendar month.

"Scheduled Downtime" means those times where and ESurvey GPS Service ( Arcangel ) notifies Partner or Subscribers of periods of Downtime forty-eight hours prior to the commencement of such Downtime. Scheduled Downtime is not considered Downtime for purposes of this SLA, and will not be counted towards any Downtime Periods.

"Service Credit" means days added to the end of the subscription term at no additional cost as compensation in the event of and ESurvey GPS Service ( Arcangel )’s failure to meet Monthly Uptime commitment.

Calculation of Service Credit. Service Credit shall be calculated in the following manner: (a) seven days of Service Credit if the Monthly Uptime Percentage for any calendar month is between 99.0% and 99.5%; or (b) fifteen days of Service Credit if the Monthly Uptime Percentage for any calendar month is between 95.0% and 99.0 %; or (c) thirty days of Service Credit if the Monthly Uptime Percentage for any calendar month is less than 95.0%.

Planning of Scheduled Downtime. and ESurvey GPS Service ( Arcangel ) will ensure, to the maximum extent possible, that Scheduled Downtime is planned on weekends between 9:00 pm to 6:00 am (Eastern Time in the United States).

Request for Service Credit. In order to receive any of the Service Credits described above, Partner or Subscriber must notify and ESurvey GPS Service ( Arcangel ) within thirty (30) days from the time Partner or Subscriber becomes eligible to receive a Service Credit. Failure to comply with this requirement will result in forfeiture of Partner's or Subscriber's right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by and ESurvey GPS Service ( Arcangel ) to Partner or Subscriber for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Service added to the end of subscription term. Service Credits may not be exchanged for, or converted to, monetary compensation.

SLA Exclusions. The SLA applies only to paid subscribers and ESurvey GPS Service ( Arcangel ). The SLA does not apply to any performance issues: (i) caused by factors outside of ESurvey’s reasonable control; (ii) that resulted from any actions or inactions of Partner or Subscriber or any third parties;  (iii) that resulted from Partner's or Subscriber's equipment and/or third party equipment (not within the primary control of ESurvey);  (iv) that resulted from other online connectivity services such as connectivity with Zoho Creator, Zoho Repors, Box.net; or (v) that resulted from online connectivity using eSruvey’s Web Services features.   This SLA states Subscriber’s sole and exclusive remedy for service availability issues in ESurvey GPS Service ( Arcangel ).

Terms of Use  and Technical Support for ESurvey

By accessing, browsing and/or using our application you agree to the following terms and you agree to use the application in accordance with all applicable laws. If you do not agree you must not use our application.

 The developers of the ESurvey application are collectively referred to as the entity “Cloud Mobile Forms”.

 ESurvey makes a real effort to ensure the accuracy and reliability of the contents of our application, you should note that the content, products and services available on our application are provided on an "as is" basis. 

You should not assume that the information contained in this application is accurate, comprehensive, verified, complete, error free or suitable for the particular use you have in mind when using it.

 There is no warranty of any kind. ESurvey is not responsible or liable for any losses including, but not limited to, loss of income, loss of use, loss or corruption of data, loss of profits, loss of goodwill or special loss resulting from, or which arises in connection with, the use of this application or information which is contained in or referenced via a link to this application.

 ESurvey is also not responsible for any loss or damage which was not reasonably foreseeable by you or ESurvey.

ESurvey is not responsible for the compatibility, security, quality or fitness for purpose of any content or any goods or services of which you access or use on this application. You should satisfy yourself as to the compatibility, security, quality or fitness for purpose of any content or goods or services which you access or use on this application in respect of the particular use which you have in mind.

 Products and services: The details of products and services including the prices are subject to change without notice.

 Jurisdiction and law: These terms and conditions will be governed by and construed in accordance with the laws of Broward County in Florida, USA. 

Changes to terms and records of agreements: We may change these terms and conditions at any time by posting changes on the application. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of the application after any such change you agree to the changed terms and conditions.

Copyright: The copyright in the content contained in this application belongs to ESurvey. The content on this application is protected by copyright and may not be reproduced or appropriated or reverse engineered in any manner without the written permission of its respective owner(s).

 Severability: If any part of these terms and conditions is found to be unenforceable it will not affect the enforceability of the remainder of the terms and conditions.

Other terms and conditions:

1. You are also subject to our Privacy Policy.

2. Esurvey is not responsible for support of End User Applications designed and  implemented by the Subscriber. Esurvey’s End User support obligation is limited to Esurvey Service and ESurvey’s own features.

3. Esurvey agrees to provide technical support and assistance to Partner or Subscriber in respect of Esurvey’s own features during the term of this Agreement. For all support modalities, hours of operations , response times and cost please visit ESurvey’s web site under Support and Pricing . ( www.berryFORMS.com )

4. Partner or Subscriber shall indemnify and hold harmless Esurvey from and against all claims, actions and proceedings arising out of or resulting from (1) any breach of third party intellectual property rights by Partner or Subscriber, (2) any warranty made by Partner to Subscribers, or (3) breach of any of the terms of this Agreement, provided that Esurvey gives Partner (i) prompt written notice of the claim, (ii) sole control over the defense or settlement (subject, in the case of settlement, to Esurvey’s consent, which consent shall not be unreasonably withheld or delayed), and (iii) reasonable support and cooperation with regard to the defense.

Last updated on October 13, 2011 by Ariel Segall