INDEMNIFICATION. In the event the total traffic (including attacking and non-attacking traffic) to Customer’s server(s) goes above the limit set by Metisentry such that Metisentry believes a continued attack may cause a significant impact to Metisentry’s network or other customers, Customer accepts that Customer’s Internet traffic going to the attacked server(s) will be null routed (blocked) until the attack drops to a level deemed to be acceptable by Metisentry. NET prior to the expiration of the Initial Term, any Renewal Term, or Extended Term, without liability as follows:
Database transactions that were in queue or transit for replication but were not committed to the replicant database prior to the failover request are excluded from this Service Level.
NSB shall use commercially reasonable efforts to commence investigation of the problem within the Initial Response Time as defined in Schedule C to this Agreement. Hosted Infrastructure is comprised of NSB hosting hardware, associated operating systems or NSBs internal network. Client will pay for all administrative and processing fees associated with the bank wire or ACH and Client acknowledges that Hostway|HOSTING may charge Client for such amounts. Final request resolution and total resolution time will vary depending on the nature of the issue, and are not covered with an SLA.
“Professional Services” means, as specified in the applicable Order Form, (a) Hostway|HOSTING’s products and services relating to Migration Services, and (b) certain Third Party Products. You acknowledge that we are not obligated to return any data to you upon termination of this Agreement. For more information, visit the technical support page of Corserva’s website. Metisentry reserves the right to refuse service to anyone at anytime, however Metisentry will not refuse service to anyone on the basis of race, color, religion, national origin, gender, sexual orientation, disability, or any other basis protected by local, state, or Federal law. Any client who chooses not to have their server monitored by our monitoring system or limits our monitoring systems ability to connect to their server will not be eligible for any of the provisions contained within the Network section of the 1-800-HOSTING SLA. Customer agrees to provide, and to cause its third party vendors and agents to provide, HOSTING with all information, access, and good faith cooperation required to enable HOSTING to provide the Professional Services to Customer. Client shall have the right to implement a pre- packaged version of NSB Merchandise Planning Solution [ *** ]. Support for third party applications is on a best effort basis.
This deployment guaranty does not apply to any software, other managed services, or hardware devices other than the server(s). 1 (“Service Level Agreement”). The advanced exchange process completely manages the delivery and return of replacement peripherals to and from the Clients site. Each party agrees to indemnify and hold harmless the other party, the other party’s affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right. What to look for in terms of email addresses and mail storage. 34 Service Period means the period during which the Services will be provided and is calculated in accordance with clauses 2. Limitation of Damages. Our standard managed backup service includes full server-based backups every 24 hours. Client and/or Clients store personnel shall work with NSB to deploy and install new POS software releases, maintenance releases and fixes.
- The customer shall have no right to use that IP address except as permitted by InMotion Hosting’s Terms of service.
- Standard response time is within one (1) business hour from the time the request is placed by customer opening a ticket in the Metisentry Portal, or as otherwise agreed upon by Client and Metisentry, whichever is later.
- Billing cycles over thirty (30) days old are not contestable.
- Such out-of-pocket expenses will include travel to and from Client facilities from NSB facilities, subsistence expenses, overnight accommodation, and telephone calls.
- Subscription cancellations outside of our 90-day money back guarantee for the initial service will be subject to an early termination fee.
- Notwithstanding, should the POS Equipment models change from what are currently listed in Schedule B, NSB shall use reasonable efforts to certify like replacement POS Equipment.
- You are not entitled to a credit for downtime or outages resulting from Maintenance.
Managed Services Provider
Rackspace will invoice you for your virtual service in arrears based on the number of calendar days (full or partial) in each billing period that your virtual servers are set to “active. You may resell the Hosting Services, subject to the provisions of Section 18 of the General Terms and Conditions. Provider may make any changes to the Services that it deems necessary or useful to: Within ten (10) business days of Customer’s termination of the Service and upon Customer’s written request, Media Temple will transfer ownership of Customer’s Member Account to Customer. Rackspace makes no representation or warranty whatsoever regarding any Unsupported Service, and you agree that Rackspace will not be liable to you for any loss or damage arising from the provision of the Unsupported Service.
5 Entire Agreement. The limits and sole remedies regarding Service Availability Credits total credits under this SLA are set forth in Section 3. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE. 3 Third Party License Fees. With a project specifically designed to meet the needs of your business, Managed Hosting is more than a simple rental or hosting of servers:
Some of the provisions of the service agreement that should be carefully scrutinized and negotiated are described below. If we detect usage out of the ordinary, we’ll contact you to discuss the situation, potential alternatives and possibly suggest to take our an add-on management service. At the request of the Company, Extima must promptly return all copies of Confidential Information received from the Company, and must promptly destroy all other Confidential Information prepared by Extima, including, without limitation, any notes, reports, or other documents. CLIENT AGREES THAT THE EXPRESS OBLIGATIONS AND WARRANTIES MADE BY NSB IN THIS AGREEMENT ARE IN LIEU OF AND, TO THE FULLEST EXTENT PERMITTED BY LAW, TO THE EXCLUSION OF ANY OTHER WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING OT ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING (WITHOUT LIMITATION) AS TO THE CONDITION, QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR THE PURPOSE. 1 Your first invoice will include:
Client may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
Managed Services Agreement
1 Anchor must use its best efforts to ensure that Scheduled Maintenance will not exceed the periods stated in the Contract Details. We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. Typically these responsibilities include network and web services access, but may include additional services including such services as database services depending on agreement. 3 Severity 1 and Severity 2 issues shall be downgraded to Severity 3 when an acceptable workaround is provided and a permanent solution is not yet available.
Notwithstanding the foregoing, if the event of Force Majeure in question prevails for a continuous period in excess of one (1) month after the date on which it began, the non-claiming party may give written notice to the claiming party terminating this Agreement and this agreement shall be deemed terminated as the date set forth in said written notice. We will most likely need to charge extra management fees to cover this work and may recommend compulsory platform changes to avoid issues in the future. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. In the event of termination of this Agreement as set forth in Section 4. Hyve’s Security Review/Website Security Test & Penetration Test Service aims to reveal, with the aid of online scanners, any known vulnerabilities that may be a potential risk to both the client organisation and its customers. Icloud drive api, what we do know is the studios now have a legal precedent and are in a better position than ever to prevent people from stashing looted movies in cyberlockers. Client has thirty days (30) from the date on which it is notified by NSB that the fix, maintenance release or new release has been applied to notify NSB in writing of any issues. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit until you have cured the breach. 3 Indemnification Procedure.
If any federal, state, provincial or other goods and services tax (excluding any tax levied on property or income) is applicable to Client’s purchase of the Hostway|HOSTING Services (“Tax”) and is required by law to be collected from Client by Hostway|HOSTING, then (a) Hostway|HOSTING will charge Client for such Tax in addition to the Service Fees, (b) Client consents to such Tax being charged to Client, and (c) Hostway|HOSTING will remit such collected Tax to the applicable tax authority. NET investigation of any suspected violation of the AUP; (iii) there is a denial of service attack on Customer’s servers or other event for which ATLANTIC. 2 Should Client elect to source its network provider independently of that being contracted to the end user through the Managed Services offering then the Client and their third-party network provider shall be responsible for setting up, configuring and ensuring that monitoring capabilities are provided as part of the network infrastructure, including the equipment specifically designated by NSB for use in establishing the connectivity, as well as setting up dial backup procedures, operational training, and loading any third party software.
Upon completion of the term, Customer acknowledges and agrees that the term will renew automatically as specified on the accepted Order unless Clarity is notified of cancellation at least 30 days prior to completion of the term. If a Customer e-mail is returned or bounces, Clarity will re-attempt delivery for a period of three (3) days. Customer acknowledges and agrees that the pricing provided to Customer is based largely on the Parties’ respective rights, obligations, and limitations provided in these Terms and Conditions. As between Hostway|HOSTING and Client, all Internet Protocol addresses provided to Client by Hostway|HOSTING belong exclusively to Hostway|HOSTING. The intent of BroadAspect is to provide space to serve web documents, not as an off-site storage area for electronic files. Biz.nf, while it is possible to operate a blog/ review website, or something along those lines, users will be limited to the size of the website. Customer may terminate this Agreement with Cause if Clarity:
The initial Service Level Guidelines, defined in sections 3. Personalised recommendations, the program lives on a remote server, but you’re using it on your computer inside a web browser, and usually saving your files to the remote server so they can be accessed from any computer you use. As between Hostway|HOSTING and Client, it is the sole responsibility of Client, and not the responsibility of Hostway|HOSTING, to ensure that Client Data, including End User Data, required to remain in a particular country is restricted to that country. If the Host terminates the account because of policy violations, they will not refund any money billed during the billing period. In performance of services, it is possible that data files on magnetic media may be destroyed. 1 Anchor may suspend access to the Hosted Environment and/or Your Content and Software if:
Facsimile signatures, signatures by electronic image (i. )NSB shall have and retain sole ownership of any and all NSB trademarks, including the goodwill pertaining thereto. Hyve reserves the right to revise its policies at any time. Customer waives any right to Service Credits not requested within this sixty (60) calendar day period.
Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without Provider’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. In general, common managed services include the following applications. No termination for breach pursuant to this Section shall constitute or permit termination of any portions of this Agreement or any Service Order not breached or affected by such breach.
- “MSA” means this document and all Supplemental Terms that are attached hereto and incorporated herein by reference.
- We guaranty that data center HVAC and power will be functioning 100% of the time in a given month.
- 2 Anchor must not move Your Content and Software from Data Centers in the countries that are stated in the Contract Details without notifying You, unless required to do so by law or a request from a government entity.
- You further agree that, within 30 days of your initial enrolment to receive the Services, we may elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately and that any pre-paid fees for an unused portion of your service term shall be refunded to you within a reasonable period of time.
- The customer may request that the customer’s server/service be disconnected from the Internet, but the customer is still responsible for paying for any network resources used up to the point of suspension or cancellation.
- In some cases, you will have a la carte options, but these come at a significant premium price point.
- 4 below) and storage devices (see Section 4.
Common Managed Services
Violations of system or network security are prohibited, and may result in criminal and/or civil charge. All works and authorship shall be the exclusive property of NSB and/or Third Parties, as the case may be. If the applicable Service Order indicates that Metisentry uses Microsoft software to provide the Services, Customer agrees to the Customer License Terms for Microsoft software published by Microsoft Corporation. As between Customer and Provider, Customer will remain the owner of all Customer Data, including related Intellectual Property Rights, subject to the permissions granted in Section 6. Managed hosting, you’ll have the best design choices on Wix. Requires two subscriptions to the Database Server Software Package for Oracle Enterprise or Standard Edition. Client may elect to change the Billing Cycle, but the new Billing Cycle will take effect only at the end of the current Billing Cycle and upon renewal.
While a Client of Hostway|HOSTING and for a period of 1 year thereafter, Client will not, individually or in association or in combination with any other person or entity, directly or indirectly solicit for employment, entice away from Hostway|HOSTING, induce, or procure services directly from any employee of Hostway|HOSTING. The efforts associated with the statement of work (SOW) are under the assumption that all work performed is in support of the efforts of implementing a single company. 9 You grant Anchor, its Related Bodies Corporate and their respective contractors a non-exclusive, royalty-free licence to host, cache, copy, transmit, adapt, edit, change, publish or otherwise use or access any Your Content and Software in connection with the performance of the Services under this Agreement and any legal requirements.
- CLIENT ACKNOWLEDGES THAT THE INTERNET IS ACCESSIBLE BY PERSONS WHO MAY ATTEMPT TO BREACH THE SECURITY OF CLIENT’S NETWORK FACILITIES.
- You are responsible for submitting all Content.
Policies are listed in our Acceptable Use Policy, located at http: The amount you pay for hosting services will not increase from the date of purchase until the end of the service agreement, unless upgrades in service are requested. Hyve reserves the right to cancel service at any time. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. Search engine optimization services can be provided for an additional cost. 1 You are permitted to publicly state that you are a subscriber or user of our Services. BroadAspect may charge set up fees, recurring service fees, and other one-time fees for optional services and, if requested by you, fees for domain name registration services (collectively "Service Fees"). Transmission, distribution, or storage of any information, data or material in violation of current law is prohibited.
2 Each indemnity contained in this Agreement is a continuing obligation notwithstanding: ENTIRE AGREEMENT. 1-800-HOSTING guarantees a network uptime of 100%. This guaranty does not include the time required to rebuild your system, such as the time required to configure a replacement device, rebuild a RAID array, reload the operating system, reload and configure applications, and/or restore from backup (if necessary).
6 You must not to register any security interest (as defined under the PPSA) against Anchor, its Related Bodies Corporate or their respective contractors in respect of any of Your Content and Software and/or in connection with this Agreement. The services may also be cancelled by either the customer or InMotion Hosting by giving the other party thirty (30) days prior written notice. The customer cannot use IP addresses that were not assigned to them by Hyve staff. The term of this agreement, the billing cycle, the renewal term and the fee for early cancellation are specified on the Order that is electronically or manually accepted by Customer. In the event any component fails, 1-800-HOSTING guarantees to replace or repair the faulty component and bring the server back online within two (2) hours from the time the faulty component is identified. We will credit your account 5% of the monthly fee for the affected components of your Hosted System per half hour of network downtime, up to 100% of your monthly fee for the affected server(s). In extreme cases, law enforcement will be contacted regarding the activity.
New York, NY
3 If Anchor is not providing Back Up Services as part of the Services then You must take all necessary back ups of Your Content and Software. We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. Unless otherwise specified in any written offer or promotion, the Service Fees published on the BroadAspect website for the particular brand of Service you ordered are applicable to all transactions between you and BroadAspect. Any user who sends out spam will have their account terminated without notice.