1. Service Level Agreement
Web 4 Galaxy endeavors to have network connectivity available for HTTP access by third parties 99.5% of each month (“Web Site Availability”). In the event that there is no Web Site Availability, Web 4 Galaxy will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.5% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Web 4 Galaxy’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Web 4 Galaxy is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Web 4 Galaxy attempts to keep regular backups of data stored on our systems, Web 4 Galaxy does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Web 4 Galaxy does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients’ information.
Customer agrees that it shall defend, indemnify, save and hold Web 4 Galaxy harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Web 4 Galaxy, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web 4 Galaxy against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Web 4 Galaxy’s service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Web 4 Galaxy’s service.
3. Governing Law
This Agreement shall be governed by and construed in accordance with the laws within Ajmer, Rajasthan (INDIA), without regard to choice of law provisions that would cause the application of the law of another jurisdiction.