Important Legal Agreements
NetForChoice Hosting Solutions provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of NetForChoice Hosting Solutions are subject to the following master service agreement:
Master Service Agreement
1. DEFINITIONS AND INTERPRETATION
1.1 Defined Terms
Capitalized terms used in this Agreement shall have the meanings assigned to them hereunder or as the case may be in the relevant clauses of this Agreement:
(a) Affected Party means the Party claiming the benefit of Force Majeure.
(b) Agreement shall mean all this Master Services Agreement and the SLA and the AUP collectively.
(c) AUP shall mean the Acceptable User Policy attached to this Agreement
(d) Business Day shall mean any day on which banks at Hyderabad are open for transacting normal business.
(e) Due Date shall mean expiry of a period of thirty (30) days from the date of an invoice raised by NetForChoice.
(f) Initial Term shall mean a period of 36 months from the Service Commencement Date.
(g) Renewal Term shall mean rolling periods of the same length as the Initial Term which shall automatically commence after the expiry of the Initial Term (or as the case may be a Renewal Term) unless notice is given by either Party in the manner described in Clause 22 (Notices) of this Agreement to stop the Services, at least thirty (30) days prior to expiry of Initial Term (or as the case may be a Renewal Term).
(h) Service Catalogue shall contain a list of all or any of services/facilities viz., back up facility, dedicated firewall facility, hardware monitoring facility, help desk support, load balance server, network and power uptime, OS management and shared firewall services, described in Schedule-A to the SLA.
(i) Service Commencement Date shall mean the date of acceptance by NetForChoice of the first purchase order issued by Customer under this Agreement.
(j) Service Credits shall mean the credits which the Customer would be entitled to receive, on account of failure of the NetForChoice to provide Services as per the standards mentioned in the SLA.
(k) Service Level Agreement (SLA) shall mean the Service Level Agreement annexed as Annexure-1 hereto, together with all schedules to the SLA.
(l) Services shall mean (i) services such as the hosting services, provision of servers and other devices and other services, and (ii) facilities detailed in the Service Catalogue, and (iii) Supplemental Services, in all situations as set out in the written purchase order(s) raised by the Customer on NetForChoice and accepted by NetForChoice.
(m) Supplemental Services shall mean services which are requested for in writing by the Customer other than those already agreed to be provided by NetForChoice, as set out in the written purchase order(s) raised by the Customer on NetForChoice and accepted by NetForChoice.
(n) Territory means the territory of India.
(a) The headings used in this Agreement are for convenience only and shall not in any way define or limit the scope of this Agreement.
(b) In this Agreement, where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have corresponding meanings.