Morweb CMS Inc. is committed to providing services to its Customers at a standard of excellence commensurate with the best practice in the industry. Network uptime and server availability are of the highest importance. The following service levels are designed to assure Customers of ultimate performance and maximal uptime.
Morweb CMS Inc. guarantees that the Morweb CMS Inc. network will be available 100% of the time, excluding Maintenance, as defined below. Customer is eligible for a credit for Network Downtime for any breach of this guarantee, which can be verified by Morweb CMS Inc.’s technical support team. “Network Downtime” is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by Morweb CMS Inc., excluding Maintenance.
“Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Scheduled Maintenance” means any maintenance in the Morweb CMS Inc. datacenter of which Customer is notified at least 7 days in advance. “Emergency Maintenance” means any maintenance in the Morweb CMS Inc. datacenter that: (a) in Morweb CMS Inc.’s sole discretion, is necessary to avoid an immediate threat to the Morweb CMS Inc. datacenter or Customer’s server and (b) of which Customer is notified.
In the event Morweb CMS Inc. fails to meet the Uptime Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, Morweb CMS Inc. will apply a credit (“Credit”) to Customer’s account of the Net MRC for the affected account for each hour of downtime or fraction thereof. “Net MRC” means the monthly recurring charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. The Credits described in this SLA will be Customer’s exclusive remedy and Morweb CMS Inc.’s entire liability for any breach of any warranty of performance or service contained in this SLA. All downtimes will be measured from the time the ticket is received and validated by Morweb CMS Inc. to the time Morweb CMS Inc., in its sole discretion is able to resolve the issue. Customer may not receive more than one Credit per affected configuration per incident and in no event will Customer receive greater than one month’s Net MRC in Credit for any given month regardless of the number of incidents. Customer must be a Morweb CMS Inc. customer in good standing to receive the Credit. No Credit will be applied to acc ounts that are past-due or for accounts that are canceled before the conditions for payment of the Credit are met. Upon cancellation of the Customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.
99.89% - 97.5% 25% credit
97.49% - 96.5% 50% credit
Less than 96.5% 100% credit
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Network Availability caused by or associated with:
In order to receive a credit, customer must make a request therefor by emailing email@example.com. Each request must be received by Morweb CMS Inc. within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Morweb CMS Inc., credits will be applied within one billing cycle after Morweb CMS Inc. receipt of customer's credit request.
Monitoring User Activity
Users voluntarily engage in the activity of Internet use and bear the risks associated with that activity. MORWEB CMS In exercises no control over and expressly disclaims any obligation to monitor its customers and other Users with respect to breaches of this Agreement or any content of the information made available for distribution via the Services, including without limitation any information passing through MORWEB CMS’s host computers, network hubs and points of presence, or the Internet, or any content posted any User may post on any website. In no event will MORWEB CMS, its parent company, and their affiliates and subsidiaries have any liability to you or any third party for unauthorized access to, or alteration, theft, or destruction of information distributed or made available for distribution via the Services through accident, or fraudulent means or devices.
Interruption of Service
MORWEB CMS will not be liable for any temporary delay, outages, or interruptions of the Services. Further, MORWEB CMS is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications, or third-party supplier failure). MORWEB CMS cannot guarantee that (a) access to the Services will be uninterrupted or error-free, (b) defects will be corrected, or (c) the Services will be secure.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND OTHER SERVICES MADE AVAILABLE BY MORWEB CMS OR ANY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND NEITHER MORWEB CMS, NOR THEIR AFFILIATES AND SUBSIDIARIES MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES. MORWEB CMS, ITS PARENT COMPANY, AND THEIR AFFILIATES AND SUBSIDIARIES HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR ANY USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR REVENUES OR COST OF REPLACEMENT SERVICES (WHETHER DIRECT OR INDIRECT) NOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR MORWEB CMS’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, MORWEB CMS’S LIABILITY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO MORWEB CMS UNDER THIS AGREEMENT DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, OR OTHER TORTS. THE FEES FOR THE SERVICES SET BY MORWEB CMS UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY WITH RESPECT TO THOSE LIABILITIES THAT CANNOT BE LEGALLY EXCLUDED OR LIMITED EVEN IF ANY OTHER PROVISION MAY SUGGEST OTHERWISE.
You agree to indemnify, defend, and hold harmless MORWEB CMS, its parent company, and their affiliates and subsidiaries, and all employees, officers, directors, partners, representatives or any such entity, from and against any and all third party claims, damages, losses, liability, causes of action, judgments, costs, or expenses (including, without limitation, reasonable attorney’s fees) asserted against or suffered by MORWEB CMS arising out of any breach of this Agreement by you, your Users, or your customers.
MORWEB CMS Indemnity
MORWEB CMS agrees to indemnify, defend, and hold harmless Customer from and against any and all third party claims, damages, losses, liability, causes of action, judgments, costs, or expenses (including, without limitation, reasonable attorneys’ fees) asserted against or suffered by Customer arising out of any claim alleging that the Services as provided by MORWEB CMS infringe any third party’s intellectual property rights.
Until full payment has been made, MORWEB CMS retains ownership of all original artwork, code or parts contained therein, whether preliminary or final. Upon full payment, the client owns the artwork, other visual elements and XHTML, CSS or any other code used in creating templates for the project outlined in this agreement. Any part of Morweb source code is excluded.
Production Schedule/Delivery Of Project
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. MORWEB CMS shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of MORWEB CMS If such event(s) occur, it shall entitle MORWEB CMS to extend the completion/delivery date, by the time equivalent to the period of such delay.
The Client shall pay a surcharge for any services requiring work to be performed outside of normal working hours by reason of unusual deadlines or as a consequence of the Client not meeting scheduled times for delivery of information, materials, or approvals. The surcharge for rush work shall be at the standard rates plus 20%.
Morad Media is not responsible for any security breaches affecting servers or accounts under your sole control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, then you will notify Morad Media immediately, and Morad Media will have the right to respond accordingly, including without limitation the right to identify, isolate, and block the source of the attack.
Except where expressly provided in this Agreement, all payments to MORWEB CMS are nonrefundable. This includes but is not limited to any applicable setup fees and subsequent charges, regardless of usage. You must report any overcharges or billing disputes to MORWEB CMS within 60 days of the time on which you became aware, or should have become aware, of the existence of the overcharge or dispute.
This Agreement may be terminated in one of the following ways:
All correspondence and documents provided will be treated as confidential between the client and MORWEB CMS, unless consent has been granted by both parties involved.