Server Mango Cloud Service Agreement


1.	Definitions ofTerms inthisAgreement:

“Agreement “ means the contract between Server Mango and the Customer forthe provision ofServices aslisted inthe agreed proposal,Purchase Order issued by Customer or Subscription Form. The Agreement constitutes all enclosed leaflets,or appendices forthese mentioned Services,together withthese Terms and Conditions.The following words and expressions,unless inconsistent withthe context,shall bear the meanings assigned thereto:

 “Proposal” means the signed Service proposal received fromthe Customer.
“Service Activation days” means the period it would take to activate the Service which will be mentioned inthe Proposal.

“Contract Term” means the period commencing on the Service Start Date and ending on the Expiry ofthe period specified inthe Subscription Form.

“Subscription Form” refers to the Server Mango Business Services Subscription Form forCustomers requesting a Service and which has been duly signed by the Customer.

"Customer"means the Server Mango Customer identified inthe Application Form and who forms the other party ofthisAgreement.
.
"Service"means the Service(s),specified inthe Application Form to be provided by Server Mango to the Customer under thisAgreement.

"Customer Equipment"means the Hardware(including any software)provided to Server Mango by Customer forthe provision ofthe subscribed Service.

“Service Equipment" means the Service equipment(including any software)provided to the Customer by Server Mango forthe provision ofthe subscribed Service.

"Bill"means a periodic statement ofaccount issued by Server Mango to the Customer."Charges"means sums payable to Server Mango by the Customer according to thisAgreement.

“Billing Start Date” Shall mean the date ofcommissioning report submitted to the Customer by Server Mango In casethe Customer is not satisfied withthe solution delivered by Server Mango,the Customer shall inform Server Mango ofthe same within 3days ofthe receipt ofCommissioning Date.Upon receipt ofthe objection,Server Mango shall suspend all Services,make the changes required and release the environment once again witha newCommissioningReport.In such a case,the latter one shall be regarded asthe Billing Start Date.If the Customer uses the commissioned setup,though he has a few outstanding requests,Customer shall pay full charges fromthe first Commissioning Report,unless partial billing is agreed to between the parties,before the Customer starts using the Services.If no partial billing agreement has been reached and ifCustomer uses the Services even after raising objections,Customer shall pay infull ofthe first date ofCommissioning Report.

“Downtime”(“D”)Shall mean the duration ofthe Service Outage,calculated inthe aggregate number ofHours inthe respective month.Where ifServer Mango identifies the service outage,the downtime begins fromthere on or ifcustomer identifies and a Trouble Ticket is raised fromthe occurrence ofService Outage,the time period forDowntime begins upon start ofService Outage and ends when the Trouble Ticket is closed by Server Mango subject to due confirmation fromthe Customer on resolution ofthe outage.The periods are calculated on the basis on the number ofoutages per respective month and excluding the events covered under headings Exceptions to thisSLAwhich shall not forthisSLAbe included whilemeasuring Downtime.

“Exceptions” shall mean all the events asmentioned inClause 3ofthisSLAand shall include either an event or a setofevents,any occurrence and the duration ofoccurrence ofwhich shall not constitute a Service Outage or Downtime forthisSLA.

“Emergency Maintenance” shall mean maintenance carried out under a condition or situation which poses danger to the system,equipment,network,facilities required forrendering the Service,etc.asthe casemay be and has to be attended immediately.Server Mango shall tryto notify the Customer about the emergency maintenance inadvance,whenever feasible.

“Facility” means the facility located at the office ofServer Mango where Server Mango provides space,racks forplacing the servers.

“Fees” Means the amount invoiced by Service Provider.

“Network” means the portion ofinternal computer network owned or operated on behalf ofServer Mango that extendsfromthe outbound port on a Customer’s cabinet switchto the outbound port on the border router and includes all redundant internet connectivity,bandwidth,routers,cabling,and switches.


“Actual Uptime”(“A”)shall mean the aggregate percentage ofTotal Uptime Hours ina respective month during which the Services is made available foruse by Customer.

“Representatives” means any person who is nominated or appointed by the Customer to visit the Facility centre.

“Service Credits” shall mean services which the Customer would be entitled on account ofthe failure ofthe Server Mango to provide Services asper the standards mentioned inthisAgreement.

“Service Catalogue” shall contain all or any ofservices/facilities viz.,back up facility,dedicated firewall facility,hardware monitoring facility,help desk support,load balance server,network and power uptime,OSmanagement,shared firewall service and Version Control described inAnnexure Ato thisSLAwhich may be availed by the Customer.

“Service Outage” shall mean an unscheduled disruption/failure inany Service offered by Server Mango asper thisAgreement,due to which Customer’s server is inaccessible to Customer.The outage ofServices due to,but not limited to the following shall be a Service Outage;Customer is unable to transmit to or receive information fromhis network equipment because Server Mango failed to provide facility services to its network equipment including,switch,router,firewall,etc.Failure ofServices like Internet connectivity,IDCLAN,etc.shall also be treated asService Outage.

“Setup Charges”:Means all charges which may be incurred by Server Mango forinstalling the server or any other expenses incurred forthe commencement ofServices to the Customer.

“Support Desk” shall be the location where the Customer should report a fault.Details ofthe same are mentioned inSchedule Bto thisSLA,or ifchanged,maybe intimated fromtime to time by Server Mango to the Customer.

"Total Uptime Hours"shall mean 24hours 365days a year(the year is defined 365days)

“Trouble Ticket” means issuing a ticket witha unique identification number confirming the Customer complaint logged inwithServer Mango about a Service Outage faced by the Customer.

“Intellectual Property Rights” means copyrights(including rights incomputer software),patents,trade and Service marks,trade and business names(including Internet domain names),design rights,database rights,semi-conductor topography rights,rights inundisclosed or confidential information(such asknow-how,trade secrets and inventions(whether patentable or not)),and all other intellectual property or similar proprietary rights ofany nature(whether registered or not and including orders to register or rights to apply forregistration)which may now or inthe future subsist anywhere inthe universe.

2.	Commencement ofAgreement:

This Agreement shall commence on the date that the Subscription Form is accepted and signed by the Customer and confirmed inwriting by Server Mango(or Operators ofServerMango.com)and shall continueuntil the last day ofthe Contract Term unless previously terminated inaccordance herewith.The Customer can accept the agreement by agreeing inwriting or by email.When you accept,you're representing that you are at least 5 years old and are legally able to accept an agreement. If you're accepting foran organization,you're representing that you are authorized to bind that organization,and where the context requires,"you"means the organization.By accepting,you are agreeing to every provision ofthisAgreement whether you have read it.In the event ofany conflicts between these standard Terms or the Specific Terms mention inthe Proposal,the Specific Terms will prevail unless a Policy expressly states that it supersedes the General Terms or the Specific Terms.In the event ofany conflict between the General Terms and the Specific Terms,the Specific Terms will prevail.

3.	Renewal ofContract:

The present contract will be renewed automatically foranother billing cycle unless one ofthe parties notifies his intention not to renew the contract at least three(3)months before the end ofthe current contract.

4.	Service(s):
4.1.	Server Mango shall provide to the Customer the Service(the “Service”)which has been indicated on the Subscription Form or Proposal.The Service is subject to these Terms &Conditions printed herewith,except where expressly stated otherwise.

4.2.	Server Mango cannot guarantee that the Service provided will be free fromfaults and interruptions which arise fromfactors that are outside ofServer Mango future’s control,whether because ofnetwork performance,third party interference or otherwise.The Customer accepts that insome cases that they may not be able to receive the subscribed Service owing to certain technical restrictions that may arise,although Server Mango shall use reasonable endeavours to keep any disruption to the provision ofthe Services insuch circumstances,to a minimum.

5.	Service(s)Activation:

The Customer can expect the Service to be activated asper Service activation days mentioned inthe proposal or subscription form and is subject to all start-up requirements being met which are given inthe proposal offered to the Customer.

6.	Installation ofthe Service:

6.1.	After the Customer signs the application form and accepts Server Mango’s present Terms and Conditions,Server Mango will process the order and start the service activation process.

6.2.	Server Mango will notify the Customer via email assoon asServices is ready.This day will be considered the Service Acceptance date.

6.3.	When Server Mango Delivers the Service:

6.3.1.	When Server Mango Service activation is completed,Server Mango will notify the Customer about the same via email inform the internal team and send the activation email along withall the future communication process i.e.billing,escalation matrix,and support communication,etc.within 2working days.

6.3.2.	Once the Service installation is completed and the Service activation process is completed asper Customer request,the Customer will sign/communicate his Service acceptance which will signify the Service acceptance date.

6.3.3.	If the Customer fails to present the confirmation or Service acceptance after two follow-ups Server Mango will consider it as"accepted”.

7.	Customer’s Responsibilities:

7.1.	Customer Information:The Customer agrees to provide true,accurate,complete and up-to-date information to Server Mango asrequested on the Subscription Form or Purchase Order,including but not limited to Customer’s name,authorized signatory,address,IDProof,Address proof or any subsequent reasonable information requested by Server Mango fromtime to time.The customer also agrees to promptly notify Server Mango ofany change inaforesaid Customer information.

7.2.	Customer Equipment and Data:The Customer is solely responsible forCustomer’s Equipment and ensures that:

a)	They comply withall applicable laws or relevant information technology /cyber laws industry standards and meets required specification and is compatible withany third-party software used by Customer to receive the Services and meet Customer’s need inrespect to the use ofthe Services;and inthe caseofdata Services,all data retrieved,stored or transmitted through the Service.This shall include but not be limited to any distortion or corruption caused to the Customer Equipment or data because ofthe use ofthe Services.

b)	In the caseofdata Services wherein some material available on the Internet may be offensive,illegal or otherwise generally inappropriate,Server Mango cannot be held responsible forall or any ofthe content,accuracy or quality ofinformation or the resources available,received or transmitted by any party through Customer’s or other third -party‟s use ofthe Services,whether or not inaccordance withthese Terms and Conditions.

7.3.	Customer agrees that neither Server Mango nor its vendors,suppliers or licensors are responsible forany damages caused by(i)anything done or not done by someone else(ii)providing or failing to provide Services,including,but not limited to,deficiencies or problems witha device or network coverage(forexample,dropped,blocked,interrupted,damage,etc.);(iii)traffic or other accidents,or any health-related claims relating to Server Mango Services;(iv)Data Content or information accessed whileusing Server Mango Services(For eg-Hacking);(v)an interruption or failure inaccessing or attempting to access country-specific or blocked IPor websites,including social media;(vi)interrupted,failed,or inaccurate location information Services,(vii)information or communication that is blocked by a spam filter or(viii)things beyond Server Mango control,including acts ofGod(forexample,weather-related phenomena,fire,earthquake,hurricane,etc.),riot,strike,war,terrorism or government orders or acts.

7.4.	Service hardware,software or equipment provided by Server Mango:The Customer agrees that any Service Equipment(whenever applicable)supplied on lease to the Customer by Server Mango will:

a)	Remain the property ofServer Mango(unless otherwise stated by Server Mango inwriting)and be used by the Customer following any applicable instructions,safety and security procedures issued by Server Mango and/or the manufacturer ofthe equipment,and the Customer will not add,modify or inany way interfere withit nor allow any other person to doso.

b)	Be the Customer’s sole responsibility to protect fromany loss.In the event ofany loss,virus,malware or ransomware attacks or data theft ofService Equipment,the Customer is advised to inform Server Mango inwriting,immediately upon becoming aware ofsuch event.In the caseofloss or theft ofService Equipment and after the Customer promptly reporting the incident to Server Mango,Server Mango shall immediately disconnect the Service.Any reconnection ofthe Service shall be made upon written application and approval by the Customer.The Customer shall remain liable to pay all charges(including taxes)incurred by that Service Equipment or usage ofService until the Customer notifies Server Mango forService suspension.The moment such request is received,the Service shall be suspended by Server Mango.The damaged equipment may be replaced upon the Customer’s request and may levy charges ifthe Customer’s negligence is found to be reason forthe damage.

c)	The Customer agrees that any Service Equipment(e.g.Servers,Software,whenever applicable)supplied on lease to the Customer by Server Mango will be disconnected during the time ofa power outage,or inevent ofvirus or malware attack,which may interrupt the Service or features.Server Mango cannot be held responsible forany unwanted electricity or power outages that interrupt the Service.

7.5.	Use ofServices:The Customer will be solely responsible forall access to,and use of,the Services provided by Server Mango,whether the Service is used.If the Customer allows a third party to access the Services,the Customer is liable forall activities conducted by such party including,hardware,software,application,and the Internet usage,or any other usage whatsoever.The Customer agrees to not to use the Service:

a)	In a way which does not comply withthe terms ofany laws or any license applicable to the Customer,or that is inany way unlawful or fraudulent,or to the Customer’s knowledge,has any unlawful or fraudulent purpose or effect,or which infringes or may potentially infringe the rights(including intellectual property rights)ofServer Mango or any third party.

b)	In connection with(without prejudice to the generality ofsubclause(a)of6.5above)the carrying out ofa fraud or criminal offense against Server Mango or any other party;or

c)	To send,knowingly receive,upload,download,use or re-use material,which is abusive,offensive,indecent,defamatory,obscene or menacing,or inbreach ofcopyright,confidentiality,privacy or any other rights or which is liable to incite racial disharmony or hatred,or which comprises ofa virus or other code liable to cause loss or damage;or

d)	To promote drug-trafficking,prostitution,money-laundering,terrorism,pedophilia(or any material that is inany way harmful);

e)	To send or procure the sending ofany unsolicited advertising or promotional material or ina way that inServer Mango’s reasonable opinion could have a materially detrimental effect on Server Mango’s business(including the Service)

f)	To resell,re-supply,hire,transfer ownership,assign,trade or otherwise dispose ofthe Service or make it available to any person on a commercial basis;

g)	To provide publicinformation services without obtaining the prior formal approval fromthe relevant government authorities within the country;

h)	Server Mango’s shall have the right to enforce the obligations setout inSub-Clauses a)to g),inclusive ofsuspending or terminating the Service forthwith without notice,ifthe Customer is inbreach ofthem.


7.6.	Breach ofServices:

The Customer shall indemnify,defend and hold Server Mango harmless absolutely fromand against all costs,losses,claims,damages and expenses(including without limitation ofany legal costs)ofany kind whatsoever,whether foreseeable or not,that may be suffered by Server Mango asa result ofany breach ofthisClause 6by the Customer,or anyone using the Services withthe Customers permission.

a)	Nothing inthisClause 6shall prohibit Server Mango or otherwise restrict its rights to commence legal proceedings against the Customer forenforcement ofall or any part ofthisClause 6.

b)	Server Mango reserves the right inapplicable circumstances arising froma breach ofthe provisions ofthisClause 6or where otherwise requested to pass on such details to the relevant authorities asmay be appropriate.Furthermore,Server Mango may take such steps asit sees fit,including but not limited to the modification or deletion ofany offending material which the Customer has disseminated using the Services incontravention ofthese Terms &Conditions,or the suspension or termination ofCustomer’s access to the Services pursuant to these Terms &Conditions assoon asit becomes aware ofthe existence ofsuch material.The Customer agrees to provide all necessary assistance to Server Mango asrequested to allow Server Mango to take the steps setout inthisClause.

7.7.	Services Provision:

The Customer acknowledges that Server Mango fromtime to time,at its sole discretion may:
a)	Change the technical specification ofthe Service,provided that any changes donot materially affect the substance or the performance ofthe Service;or
b)	Suspend the Service foroperational reasons(such asplanned maintenance or Service upgrades because ofan emergency.

c)	Server Mango shall endeavor,before exercising any ofits rights under sub -Clause 6.7a)and b),to give the Customer asmuch advance notice asis reasonably possible(at least 24hours fornon-emergencies).

d)	The Customer acknowledges that Server Mango can't guarantee fault-free Service.Where a fault or defect occurs which is not due to any act or defaultofthe Customer and is within Server Mango’s network,Server Mango future will use all reasonable endeavors to repair any such faults

8.	Service Fair Usage Policy

By accepting these Terms and Conditions,the Customer is bound by fair usage policy forbandwidth asfollows:The Customer acknowledges that to maintain the quality ofthe provided Service,the monthly traffic volume is monitored.If the Customer’s usage is higher than the allocated usage,then Customer acknowledges that Server Mango reserves the right to contact Customer about the usage.

9.	Server Mango Responsibilities:
9.1.	Server Mango has no obligation to monitor the Customer’s use ofServices or to retain the content ofany user data or any such record.However,Server Mango reserves the right to monitor,review,retain and/or disclose any communications or information asand when needed to identify breaches ofthese Terms &Conditions,or to comply withany applicable law,regulation,legal process,or government request.
9.2.	Server Mango may retain Customer’s personal information provided according to thisClause or otherwise,by these Terms &Conditions,and the Customer authorizes Server Mango to use such personal data to:

a)	Provide the Services:

b)	Maintain a record forthe period asrequired by the law,following the termination ofthese Terms Conditions under clause 13or otherwise;and

c)	Disclose or use such data incompliance withServer Mango‟s legal obligations inrespect ofthe same.

9.3.	The Customer understands that all rights,titles,and interests(including all Intellectual Property Rights)inthe services remain vested inServer Mango(and/or its suppliers where applicable)and nothing inthese Terms &Conditions shall operate asa transfer or license to the Customer ofthe same.The Customer agrees not to doanything to limit,interfere with,or otherwise jeopardize such rights,title,and interest inany manner.

10.	Liability and Indemnity:

10.1.	Server Mango shall not be liable to the Customer inany event forconsequential,indirect or special damages or loss ofprofit,and shall not otherwise be liable to the Customer except inthe caseofnegligence or wilful defaultofServer Mango,its officers,employees,affiliates or subcontractors.If Server Mango shall be held liable to the Customer,its liability shall be limited to an amount equal to the Charges payable forthe Service forsix(6)months.

10.2.	The Customer will indemnify and defend Server Mango against all claims and proceedings whatsoever and howsoever arising(whether actual or threatened)arising out ofServer Mango’s performance ofits obligations under thisAgreement and the Customer’s use ofthe Service so long asServer Mango acts ingood faith and the absence ofnegligence or wilful defaulton the part ofServer Mango its officers or employees.

10.3.	Nothing inthisAgreement shall exclude or limit the liability ofeither party fordeath or personal injury resulting fromthe negligence ofthat party or its directors,officers,employees,contractors,or agents,or inrespect offraud or ofany statements made fraudulently by that party or its directors,officers,employees,contractors or agents.

10.4.	Events beyond Server Mango Reasonable Control:Server Mango shall not be liable to the Customer ifit is unable  to  perform  any  obligation  or  provide  the  Services  because  of any  factor  outside  Server Mangos reasonable control,including(but not limited to)act ofGod,fire,extreme weather conditions,industrial action,defaultor failure ofa third-party,war,act ofgovernment,terrorist acts,civil commotion,insurrection or embargo.

11.	Suspension ofService:

11.1.	Server Mango may,at its sole discretion,suspend the Services that are provided to the Customer instead ofterminating thiscontract by Clause.

11.2.	wherein there is a breach that entitles Server Mango to terminate thiscontract.Server Mango shall decide the duration ofsuch suspension.

11.3.	Server Mango may also suspend the Services withimmediate effect where:

a)	It is necessary to carry out any maintenance or repair to the Services or otherwise;or

b)	The relevant government authorities within India or elsewhere require Server Mango to suspend the Services forwhatsoever the reason may be;or

c)	Server Mango has good reason to suspect that the Customer is inbreach ofany ofthese Terms &Conditions.

11.4.	Server Mango may reinstate the Services inits sole discretion ifit is satisfied that Customer has rectified any breach ofthe Terms &Conditions or the reason forthe initial suspension ofthe Services no longer applies.

12.	Termination:

12.1.	Subject to the Customer having fulfilled any applicable minimum Service Term,(see Clause 0)asspecified inthe Subscription Form and/or any customized proposal offered to the Customer,the Customer may terminate these Terms and Conditions and bring thiscontract to an end by giving prior written notice ofninety(90)calendar days to Server Mango.Upon termination ofthese Terms &Conditions,all charges which are due fromthe Customer become immediately due and payable,and the provisions ofClause 11.3shall continueto apply.

12.2.	Server Mango may terminate these Terms &Conditions and the provision ofthe Services by either:

a)	 Giving the Customer thirty(30)calendar days prior written notice;or 2.withimmediate effect inany ofthe following circumstances:

b)	When the Customer receives a Service forwhich he does not pay the charges within the time frame setout inthe Customer’s Bill(s).On termination,the Customer will be provided witha grace period ofseven(7)days to pay any outstanding forthe Service to which the charges relate;or

c)	The Customer breaches a material term or condition setout inthese Terms &Conditions.Amaterial term or condition forthese purposes includes but is not limited to any part ofClause 6;or

d)	Customer breaches any other term or condition setout inthese Terms &Conditions apart fromthose setout at aforementioned sub-Clauses 11.2.b a)and b),and does not rectify the breach within seven(7)calendar days ofsuch breach being notified to the Customer,by coming to the attention ofServer Mango;or

e)	The customer becomes insolvent or bankrupt or is otherwise deemed unable to pay his debts asand when they fall due;or

f)	Server Mango has reason to believe that the Customer has not provided true,accurate and complete information asrequired at the time ofapplication forthe Services.

12.3.	Events Following Termination:Immediately after the termination ofthese Terms &Conditions forwhatever the reason may be,the following shall apply:

1)	Server Mango will immediately terminate Customer’s access to the Services.

2)	If Customer has retained any Service Equipment which they use or has used inconnection withthe Services or otherwise,Customer must immediately returnthisto Server Mango incomplete and good working order,unless Server Mango provides its express prior written consent to the contrary.

3)	Server Mango will send the Customer a Bill forall Charges which are outstanding asa result oftheir use ofthe Services and which have not yet been billed by Server Mango before termination ofthe Services.This Bill may include any services Charges which are outstanding at the date oftermination along withthe total remaining unbilled amount till the end ofthe contract term.If the Customer has paid duration Subscription Charge inadvance ofthe date oftermination,the Customer will not receive a refund inrespect ofthat unexpired part ofthe relevant month forwhich Customer has paid.The Customer agrees to pay thisbill on or before the date upon which payment is required.

12.4.	None ofthe rights which either Server Mango or Customer has accrued because ofthese Terms &Conditions before the date oftermination shall be lost or otherwise affected following termination.

13.	Charges,Billing and Payment:

13.1.	The Customer agrees to receive the Service against the payment ofCharges forthe Service term setout(ifapplicable)inthe Subscription Form or Proposal and thereafter until the termination ofServices asindicated inClause 11.Any revisions to the Charges will be notified to the Customer via email and/or announced ina prior bill at least seven(7)days before the implementation date.

13.2.	Server Mango will provide the Customer witha regular E-Bill detailing(i)the Charges applying at the time ofServices used,and(ii)the total amount due to Server Mango forthe provision ofthe Services forthe period to which the Bill relates.The Customer agrees that they will pay these charges to Server Mango promptly asper the due date printed on the Bill inany event.In casethe Customer fails to pay due within the stipulated time,
Server Mango may suspend or terminate the Services under Clause 11.

13.3.	Where applicable,the onetime charges or Setup Fee is payable by the Customer when the Subscription Form is signed.

13.4.	forvarious Services,Server Mango will send the Customer an E-Bill periodically.The Charges shall be paid by the Customer asper the agreed terms inadvance,and forextra bandwidth,usage charges shall be paid inarrears.Server Mango will monitor the usage and reserve the right to send the bill asper the mode ofpayment opted by the Customer(i.e.monthly/quarterly/annually).

13.5.	The Customer agrees that they will remain responsible forall Charges incurred by a third party who accesses their account to use the Services,save fromthe time when the Customer notifies Server Mango that a third party is using the Services through their account without their permission and Server Mango suspends the Services.Notifications to Server Mango can either be achieved by e-mailing at:support@ServerMango.com.

13.6.	Payment ofall sums due to Server Mango under the Agreement shall be paid by the Customer infull(without any set-off,deductions or withholdings whatsoever)by electronic bank transfer,or such payment modes asmay be reasonably specified by Server Mango fromtime to time.Payment ofthe Setup Fee shall be made inadvance simultaneously withthe execution ofthe Agreement.

13.7.	If the Customer does not pay the invoice by the due date,Server Mango shall have the right at its discretion and without notice to:transfer the unpaid invoiced amount to the account ofany other Service(s)provided to the Customer by Server Mango,and the Customer shall be liable to pay all charges on any invoice issued by Server Mango forsuch Service(s)by the due date;and deduct the unpaid invoiced amount fromany payment or credit due to the Customer by Server Mango under thisAgreement or any other agreement forService(s)provided by Server Mango to Customer.The rights inthisClause is inaddition to any other rights that Server Mango has under these terms and conditions,including the right to suspend or terminate the Service or any other Service provided by Server Mango.

13.8.	Server Mango also reserves the right to charge monthly interest on outstanding amounts,until payment infull is received by Server Mango at a rate equal to 5percent per month above the base rate asspecified by the Reserve Bank ofIndia.Such interest shall be payable by the Customer on demand thereof being made by Server Mango Interest shall continueto accrue notwithstanding any termination ofthisAgreement forany cause whatsoever.If Server Mango does not immediately make such a demand,Server Mango’s rights will be reserved to doso inthe future.

13.9.	The Charges forthe Services shall be based on the proposal submitted and agreed,or on rates published by Server Mango on its Package Rate Sheet or inprint or on its website.

13.10.	Rental charges forthe subscribed Service,asper subscribed BOMand SLA,wherever subscribed will be billed inadvance fromthe date ofsubmitting the documents i.e.PO,SLA,MSA,Application form,etc.to billing team.The equipment will be billed by Clause 12.4.

14.	Changes:

14.1.	Server Mango may change its terms ofAgreement by providing seven(7)days written notice to the Customer,and the Customer may,inturn,terminate the Agreement by giving thirty(30)days written notice ifServer Mango variations have resulted inexcessive increase inthe Charges or changes that materially alter the Customer’s rights under thisAgreement to the Customer’s detriment.Except where the variation has been imposed upon Server Mango a direct result oflegislative changes,government regulation or license changes.

14.2.	The Customer agrees that their continued use ofthe Services after any amendments to the Terms and Conditions shall be evidence oftheir intention to be bound by the Terms and Conditions.

15.	Notices:

15.1.	Any notice to be given by the Customer to Server Mango shall only be valid through written and delivered to Server Mango corporate office Server Mango Solutions India.

15.2.	Any notice to be given by Server Mango to the Customer shall be valid either through media communication or inwritten and delivered to the address.

16.	Miscellaneous:

16.1.	Server Mango may assign novate or sub-contract any ofits rights or obligations under thisAgreement.The Customer shall not be entitled to assign,novate,sub-contract or otherwise dispose ofany ofits rights or obligations under thisAgreement(unless otherwise agreed withServer Mango inwriting).

16.2.	Save asexpressly provided under thisAgreement,all other warranties whether expressed or implied are hereby excluded to the fullest extent permissible by law and thisAgreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements.

16.3.	The Customer hereby represents and warrants to Server Mango that the Customer has full power to enter into thisAgreement and that all information supplied by the Customer to Server Mango and/or entered onto the Subscription Form is true,accurate and complete inall respects.

16.4.	In the event(and to the extent only)ofany conflicts or inconsistencies between the Agreement and any ofthe constituent parts ofthisAgreement,then the following application ofpriority shall apply 1)Service Proposal 2)the Agreement;3








)the Subscription Form;4)Corresponding Agreement whenever applicable.

16.5.	Complaint Procedures:The Customer may submit complaints about Server Mango Services or any matter related and that has been mentioned inthe contract,agreement,signed proposals between Customer and Server Mango Solutions India,to our Customer Service Centre or provided escalation matrix or Server Mango corporate Office inwriting.

16.6.	Upon receipt ofthe complaint,Server Mango shall investigate the matter and revert to Customer within 14working days and doits best endeavour to resolve the complaint amicably.

17.	Force Majeure:

Server Mango will not be responsible forits failure to perform all or any ofits duties arising under these Terms &Conditions where any event beyond its reasonable control occurs.Such events include but are not limited to acts ofGod,fire,the act ofterrorism,war,civil commotion,embargo,labor dispute and prevention fromobtaining raw materials,power failure,acts ofgovernment or failure ofthird party telecommunications systems,which impacts upon Server Mango ability to provide the Services.

18.	General Provisions to Terms and Conditions:

18.1.	These Terms &Conditions together withall documents which are referred to inthe Terms &Conditions represent the entire agreement between Server Mango and the Customer,and they supersede all prior agreements between the parties.

18.2.	Failure by Server Mango to exercise or enforce any right or provision ofthese Terms &Conditions shall not constitute a waiver.

18.3.	the laws ofIndia apply to these Terms &Conditions.Both parties shall submit to the jurisdiction ofthe Indian courts oflaw.

18.4.	If any part ofthese Terms &Conditions becomes,to any extent,illegal,invalid or unenforceable,it shall be deemed to no longer form part ofthese Terms &Conditions.This will not affect the legality,validity,or enforceability ofany ofthe remaining Terms &Conditions which shall continueinforce.


SERVICELEVELAGREEMENT

19.1	SCOPEOFTHESERVICES

a)	Server Mango may provide such services asprovided inthe Service Catalogue provided inAnnexure Ato thisSLA.The Customer may issue one or more purchase orders to Server Mango forServices and Server Mango shall accept a purchase order only ifit is by the terms ofthisAgreement and forservices ascovered by the Service Catalogue.

b)	Server Mango assures Customers that it shall provide its immediate support and assistance inthe event ofany disruption inthe services being provided by Server Mango.The manner and time frame fortroubleshooting and the timelines forthe resolution ofthe problems are mentioned inthe Annexure AofthisAgreement.

c)	Services will be provided to the Customer by Server Mango withthe infrastructure available at its data center which consists ofthe following:

1.	Dual active power sources fromtwo different power generation plants.
2.	Tier IV(system)+(system)Architecture Fault Tolerant withNo Single Point ofFailure
3.	Capability to provide 99.995%SLA
4.	Unique Six Zone Security System Carrier Neutral Datacenter
5.	ISO20000&27001Certified

19.2.1.assures the Customer 99.995%uptime availability ofthe Infrastructure viz Power and Cooling**covered by thisSLA.Hardware Uptimes SLAwould be 4hours resolution fromthe time ofdetection ofhardware problem either by the Server Mango help desk or by the Customer.Subject to Clause 3ofthisSLA,inthe event Server Mango fails to provide the Customer withthe Services required by the Customer inaccordance withthe SLA,such failure resulting fromcomplete unavailability ofServer Mango network,such events will be treated as"Qualified Network Downtime Event"forwhich Server Mango will issue the Customer a Service Credit calculated asper method provided inClause 2.5.


19.2.2.The Actual Uptime(A)calculated inthe respective month and it will be measured(compared)against the total uptime hours ofthe year 99.995%.If the outages exceeds total uptime hours The following  service credits shall be due to Customer:A>=99.995%No Credits .

An inbetween 99.994%to 99.000%2days equivalent service credit forthe Service Period affected calculated on a pro rated basis.

An inbetween 98.999%to 98.000%5days equivalent service credit forthe Service period affected calculated on a pro rated basis.

Ais <98%10days equivalent service credit forthe Service period affected calculated on a prorated basis
.

Calculation ofActual Uptime%=	Total Uptime Hours–Actual Downtime x100
-----------------------------------------------
Total Uptime Hours

19.2.3.The Customer is required to provide a preventive maintenance window once inevery quarter To enable Server Mango to update the various patches and carry out other preventive maintenance.The time required to carry out thispreventive maintenance by Server Mango shall depend upon the environment ofthe Customer and shall be informed to the Customer before the time window is sought.During thiswindow,the Customer’s environment shall not be available and the same shall not be counted asDowntime.

For the customized solutions provided by Server Mango,preventive maintenance is essential and the SLAs offered by Server Mango is based on the explicit understanding that the Customer will provide an opportunity forServer Mango to carry out preventive maintenance fromtime to time.In casethe Customer does not provide,at least once ina quarter,the requisite downtime to carry out preventive maintenance activities,even after a request is made by Server Mango,Server Mango shall not be liable to provide any Service Credits or any other compensation incaseofDowntime or any other loss to Customer such asdata loss,denial ofservice or virus attacks.

Server Mango shall recommend the usage ofhigh availability architecture forall critical loads,wherein there is a duplication ofcritical elements.For instance,thismay be two power sources to a rack,or two firewalls inthe network.In a high availability setup,it is clarified that even when one ofthe elements fails,but the other is still running,then the entire setup/solution/system/environment is considered to be available and the same shall not be counted asDowntime.

20.	EXCEPTIONS:

20.1.	the following events donot constitute a Downtime and shall not be eligible to be considered forany Service Credit:

a)	Interruption due to scheduled maintenance,alteration,or implementation,where the Service Provider provides at least seven days prior notice and to the Customer and also interruption due to Emergency Maintenance;The usual scheduled maintenance time is the early hours ofthe morning i.e.,between 1am to 6am.The usual maintenance time would not be more than two hours.

b)	The quarterly maintenance window asdescribed inclause 2.6above.

c)	Hardware failure.

d)	Failure ofthe Customer links,internet connectivity or end-user software,access circuits,local loop or any network not owned or managed by Server Mango.

e)	DNSIssues not inscope and control ofServer Mango.

f)	Negligence or other conduct ofCustomer or its authorized persons,including a failure or malfunction resulting fromapplications or services provided by the Customer or its authorized persons.

g)	Ashut down due to circumstances reasonably believed by Server Mango to be a significant threat to the normal operation ofthe Services,Server Mango’s facility,or access to or integrity ofCustomer data(e.g.,hacker or virus attack)

h)	Failure or malfunction ofany equipment or services not provided by Server Mango.

i)	Any abuse or fraud failure to comply withthe Acceptable User Policy on the part ofthe Customer and its authorized persons.

j)	Any problems outside the Service Provider Facility Network.

k)	Any interruptions,delays or failures caused by Customer or Customer’s employees,agents,or subcontractors,such asthe following:

(1)	Inaccurate configuration.
(2)	Non-compliant use ofany software installed on the server.
(3)	Customer initiated server over utilization.
(4)	Any problems related to the attacks on the machine such ashacking,attacks,and exploits.

l)	Any specific services not part ofServices.

m)	Force Majeure event.


20.2.SERVICECREDIT:

20.2.1	Server Mango agrees that it shall provide forthe requisite service credits to the Customer inthe event ofit not being able to provide the Services forwhich it had already received the payments.

20.2.2	Server Mango agrees that on the occurrence ofany event that attracts service credits the Customer would be eligible to request a Service Credit on compliance ofthe terms asmentioned inClause 6.1.(a)ofthisSLA.

20.2.3	Customer shall be eligible forService Credit foronly those Downtimes which has occurred a month before the date ofclaim and the maximum Service Credit to which Customer shall be entitled is asmentioned inClause 6.1.(c).

21.	PAYMENTTERMS

The Customer shall pay all the charges assetout inthe Agreement which includes one-time Setup charges,Quarterly recurring charges and other supplemental charges forany Supplemental Services provided including before the Service Commencement Date.

22.	PROCEDUREFORAVAILINGSERVICECREDITS:

Whenever the Customer encounters Service Outage,the following procedure should be followed;

a)	The Customer should contact Server Mango "Support Desk"without undue delay and shall request fora Trouble Ticket number immediately and can track the Trouble Ticket number till the Trouble Ticket is closed on the resolution ofthe outage.

b)	Server Mango on the receipt ofthe issue ofTrouble Ticket to the Customer shall have a background check to verify ifthe Customer is eligible forthe Service Credit.

When Server Mango fails to provide Services inaccordance ofthe SLAentitling Customer forService Credits,Server Mango shall credit the Customer's account the prorated base charges fromthe day the
Trouble Ticket is issued to Customer till the Trouble Ticket is closed on Resolution ofthe outage

c)	Service Credits will be adjusted after the end ofthe existing contract by giving additional service Days.

23.	WARRANTIESOf Server Mango:

23.1.	 Additional Warranties ofServer Mango regarding SLA:

Server Mango warrants that it shall perform and provide Services ina professional and workmanlike manner by thisAgreement.8.

24.	REPRESENTATIONSOFCUSTOMER:

24.1.	Additional Warranties ofCustomer regarding SLA.

a)	The Customer will not doany voice communication fromanywhere to anywhere using dialling a telephone number(PSTN/ISDN/PLMN)asdefined inthe National Numbering plan.The customer will not originate the voice communication service froma Telephone inIndia and/or terminate the voice communication to any Telephone within India.

b)	The Customer will not establish any connection to any publicswitched Network(i.e.telephone voice network)inIndia and will not use any dialup lines withoutward dialling facility fromNodes.

c)	The customer acknowledges and will not establish any interconnectivity between ISPs to offer Internet Telephony Services.


25.	NETWORKSECURITY:

For securing the servers ofclients against any NWthreats,the following are implemented:Firewall,IPSand Antivirus,etc.However,Customer can opt fordedicated security gadgets by paying the relevant charges.


26.	MANAGINGOSANDDB:

Setup and administering the OS,DBand HWincluding the patches updating forthe servers forOSand DBwill be taken care ofby Server Mango asand when required.OSis provided withlicense and accordingly charged.

27.	SERVERANDDBMANAGEMENT:

OSand DBmanagement will be provided by Server Mango to the Customer ifopted forand charged accordingly.


28.	CLIENTACCESSTOTHESERVERS:

Customer is allowed to access their server only after providing the POto Server Mango.The Customer is provided with2IPs and 24x7x365 monitoring ofservers is maintained.

NON-DISCLOSUREAGREEMENT

The Receiving Party here to desires to participate indiscussions regarding(the “Transaction”).During these discussions,Disclosing Party may share Certain proprietary information withthe Receiving Party.Therefore,inconsideration ofthe mutual promises and covenants contained inthisAgreement,and other good and valuable consideration,the receipt and sufficiency ofwhich is hereby acknowledged,the parties hereto agree asfollows:

1.Definition ofConfidential Information.

a)	For purposes ofthisAgreement,“Confidential Information” means any data or information that is proprietary to the Disclosing Party and not generally known to the public,whether intangible or intangible form,inwhatever medium provided,whether unmodified or modified by Receiving Party or its Representatives(asdefined herein),whenever and however disclosed,including,but not limited to:(i)any marketing strategies,plans,financial information,or projections,operations,sales estimates,business plans and performance results relating to the past,present or future business activities ofsuch party,its affiliates,subsidiaries and affiliated companies;(ii)plans forproducts or services,and customer or supplier lists;(iii)any scientific or technical information,invention,design,process,procedure,formula,improvement,technology or method;(iv)any concepts,reports,data,know-how,works-in-progresss,designs,development tools,specifications,computer software,source code,object code,flow charts,databases,inventions,information and trade secrets;(v)any other information that should reasonably be recognized asconfidential information ofthe Disclosing Party;and(vi)any information generated by the Receiving Party or by its Representatives that contains,reflects,or is derived fromany ofthe foregoing.Confidential Information need not be novel,unique,patentable,copyrightable or constitute a trade secret to be designated Confidential Information.The Receiving Party acknowledges that the Confidential Information is proprietary to the Disclosing Party,has been developed and obtained through great efforts by the Disclosing Party and that Disclosing Party regards all ofits Confidential Information astrade secrets.
b)	Notwithstanding anything inthe foregoing to the contrary,Confidential Information shall not include information which:a)was lawfully possessed,asevidenced by the Receiving Party’s records,by the Receiving Party before receiving the Confidential Information fromthe Disclosing Party;(b)becomes rightfully known by the Receiving Party froma third-party source not under an obligation to Disclosing Party to maintain confidentiality;(c)is generally known by the publicthrough no fault ofor failure to act by the Receiving Party inconsistent withits obligations under thisAgreement;(d)is required to be disclosed ina judicial or administrative proceeding,or is otherwise requested or required to be disclosed by law or regulation,although the requirements ofparagraph 4hereof shall apply prior to any disclosure being made;and(e)is or has been independently developed by employees,consultants or agents ofthe Receiving Party without violation ofthe terms ofthisagreement,asevidenced by the Receiving Party’s records,and without reference or access to any Confidential Information.

2.Disclosure ofConfidential Information

From time to time,the Disclosing Party may disclose Confidential Information to the Receiving Party.The Receiving Party will:(a)limit disclosure ofany Confidential Information to its directors,officers,employees,agents or representatives(collectively “Representatives”)who need to know such Confidential Information inconnection withthe current or contemplated business relationship between the parties to which thisAgreement relates,and only forthat purpose;(b)advise its Representatives ofthe proprietary nature ofthe Confidential Information and the obligations setforth inthisAgreement,require such Representatives to be bound by written confidentiality restrictions no less stringent than those contained herein,and assume full liability foracts or omissions by its Representatives that are inconsistent withits obligations under thisAgreement;(c)keep all Confidential Information strictly confidential by using a reasonable degree ofcare,but not less than the degree ofcare used by it insafeguarding its own confidential information;and(d)not disclose any Confidential Information received by it to any third parties(except asotherwise provided forherein).

3.	Use ofConfidential Information

The Receiving Party agrees to use the Confidential Information solely inconnection withthe current or contemplated business relationship between the parties and not forany purpose other than asauthorized by thisAgreement without the prior written consent ofan authorized representative ofthe Disclosing Party.No other right or license,whether expressed or implied,inthe Confidential Information is granted to the Receiving Party hereunder.Title to the Confidential Information will remain solely inthe Disclosing Party.All use ofConfidential Information by the Receiving Party shall be forthe benefit ofthe Disclosing Party and any modifications and improvements thereof by the Receiving Party shall be the sole property ofthe Disclosing Party.Nothing contained herein is intended to modify the parties' existing agreement that their discussions infurtherance ofa potential business relationship are governed by Federal Rule ofEvidence 408.

4.	Compelled Disclosure ofConfidential Information
Notwithstanding anything inthe foregoing to the contrary,the Receiving Party may disclose Confidential Information pursuant to any governmental,judicial,or administrative order,subpoena,discovery request,regulatory request or similar method,provided that the Receiving Party promptly notifies,to the extent practicable,the Disclosing Party inwriting ofsuch demand fordisclosure so that the Disclosing Party,at its sole expense,may seek to make such disclosure subject to a protective order or another appropriate remedy to preserve the confidentiality ofthe Confidential Information;provided that the Receiving Party will disclose only that portion ofthe requested Confidential Information that,inthe written opinion ofits legal counsel,it is required to disclose.The Receiving Party agrees that it shall not oppose and shall cooperate withefforts by,to the extent practicable,the Disclosing Party concerning any such request fora protective order or other relief.Notwithstanding the foregoing,ifthe Disclosing Party is unable to obtain or does not seek a protective order and the Receiving Party is legally requested or required to disclose such Confidential Information,disclosure ofsuch Confidential Information may be made without liability.

5.	Term

This Agreement shall remain ineffect fora two-year term(subject to a one year extension ifthe parties are still discussing and considering the Transaction at the end ofthe second year).Notwithstanding the foregoing,the Receiving Party’s duty to hold inconfidence Confidential Information that was disclosed during term shall remain ineffect indefinitely.

6.	Remedies

Both parties acknowledge that the Confidential Information to be disclosed hereunder is ofa unique and valuable character and that the unauthorized dissemination ofthe Confidential Information would destroy or diminish the value ofsuch information.The damages to the Disclosing Party that would result fromthe unauthorized dissemination ofthe Confidential Information would be impossible to calculate.Therefore,both parties hereby agree that the Disclosing Party shall be entitled to injunctive relief preventing the dissemination ofany Confidential Information inviolation ofthe terms hereof.Such injunctive relief shall be inaddition to any other remedies available hereunder,whether at law or inequity.Disclosing Party shall be entitled to recover its costs and fees,including Reasonable attorneys’ fees,incurred inobtaining any such relief.Further,inthe event oflitigation relating to thisAgreement,the prevailing party shall be entitled to recover its reasonable attorney’s fees and expenses.

7.	Return ofConfidential Information
Receiving Party shall immediately returnand redeliver to Disclosing Party all tangible material embodying any Confidential Information provided hereunder and all notes,summaries,memoranda,drawings,manuals,records,excerpts or derivative information deriving therefrom,and all other documents or materials(“Notes”)(and all copies ofany ofthe foregoing,including “copies” that have been converted to computerized media inthe form ofimage,data,word processing,or other types offiles either manually or by image capture)based on or including any Confidential Information,inwhatever form ofstorage or retrieval,upon the earlier of(i)the completion or termination ofthe dealings between the parties contemplated hereunder;(ii)the termination ofthisAgreement;or(iii)at such time asthe Disclosing Party may so request;provided however that the Receiving Party may retain such ofits documents asis necessary to enable it to comply withits reasonable document retention policies.Alternatively,the Receiving Party,withthe written consent ofthe Disclosing Party may(or inThe caseofNotes,at the Receiving Party’s option,)immediately destroy any ofthe foregoing embodying Confidential Information(or the reason no recoverable data erasure ofcomputerized data)and,upon request,certify inwriting such destruction by an authorized officer ofthe Receiving Party supervising the destruction).

8.	Notice ofBreach

Receiving Party shall notify the Disclosing Party immediately upon discovery of,or suspicion of,(1)any unauthorized use or disclosure ofConfidential Information by Receiving Party or its Representatives;or(2)any actions by Receiving Party or its
Representatives inconsistent withtheir respective obligations under thisAgreement,
Receiving Party shall cooperate withany efforts ofthe Disclosing Party to help the Disclosing Party regain possession ofConfidential Information and prevent its further unauthorized use.

9.	No Binding Agreement forTransaction

The parties agree that neither party will be under any legal obligation ofany kind whatsoever concerning a Transaction by thisAgreement,except forthe matters specifically agreed to herein.The parties further acknowledge and agree that they each reserve the right,intheir sole and absolute discretion,to reject any proposals and to terminate discussions and negotiations concerning a Transaction at any time.This Agreement does not create a joint venture or partnership between the parties.If a Transaction goes forward,the non-disclosure provisions ofany applicable transaction documents entered into between the parties(or their respective affiliates)forthe Transaction shall supersede thisAgreement.In the event such provision is not provided forinsaid transaction documents,thisAgreement shall control.
10.	Warranty
NOWARRANTIESAREMADEBYEITHERPARTYUNDERTHISAGREEMENT
WHATSOEVER.The parties acknowledge that although they shall each endeavor to include inthe Confidential Information all information that they each believe relevant forthe Evaluation ofa Transaction,the parties understand that no representation or warranty asto the accuracy or completeness ofthe Confidential Information is being made by the Disclosing Party.Further,neither party is under any obligation under thisAgreement to disclose any Confidential Information it chooses not to disclose.Neither Party hereto shall have any liability to the other party or the other party’s Representatives resulting fromany use ofthe Confidential Information except concerning disclosure ofsuch Confidential Information inviolation ofthisAgreement.The Disclosing Party shall have no liability to the Receiving Party(or any other person or entity)resulting fromthe use ofthe Disclosing Party's Confidential Information or any reliance on the accuracy or completeness thereof.

11.	Miscellaneous.

a)	This Agreement constitutes the entire understanding between the parties and supersedes any prior or contemporaneous understandings and agreements,whether oral or written,between the parties,concerning the subject matter hereof.This Agreement can only be modified by a written amendment signed by the party against whom enforcement ofsuch modification is sought.

b)	The validity,construction,and performance ofthisAgreement shall be governed and construed by the laws of______________(state)applicable to contracts made and to be wholly performed within such state,without giving effect to any conflict oflaws provisions thereof.The Federal and state courts located in____________(state)shall have sole and exclusive jurisdiction over any disputes arising under,or inany way connected withor related to,the terms ofthisAgreement and Receiving Party:(i)consents to personal jurisdiction therein;and(ii)waives the right to raise forum inconvenient or any similar objection.

c)	Any failure by either party to enforce the other party’s strict performance ofany provision ofthisAgreement will not constitute a waiver ofits right to subsequently enforce such provision or any other provision ofthisAgreement.

d)	Although the restrictions contained inthisAgreement are considered by the parties to be reasonable forprotecting the Confidential Information,ifany such restriction is found by a court ofcompetent jurisdiction to be unenforceable,such provision will be modified,rewritten or interpreted to include asmuch ofits nature and scope aswill render it Enforceable.If it cannot be so modified,rewritten or interpreted to be enforceable inany respect,it will not be given effect,and the remainder ofthe Agreement will be enforced asifsuch provision was not included.

e)	Any notices or communications required or permittedto be given hereunder may be delivered by hand,deposited witha nationally recognized overnight carrier,electronic-mail,or mailed by certifiedmail,returnreceipt requested,postage prepaid,ineach case,to the address ofthe other party first indicated above(or such other addresses asmay be furnished by a party inaccordance withthisparagraph).All such notices or communications shall be deemed to have been given and Received(a)inthe caseofpersonal delivery or electronic mail,on the date ofsuch delivery,(b)inthe caseofdelivery by a nationally recognized overnight carrier,on the third business day following dispatch and(c)inthe caseofmailing,on the seventh business day following such mailing.

f)	This Agreement is personal,and neither party may directly or indirectly assign or transfer it by operation oflaw or otherwise without the prior written consent ofthe other party,which consent will not be unreasonably withheld. All obligations contained inthisagreement shall extend to and be binding upon the parties to thisAgreement and their respective successors,assigns and designees.

g)	The receipt ofConfidential Information under thisAgreement will not prevent or inany way limit either party from:(i)developing,making or marketing products or services that are or may be competitive withthe products or services ofthe other;or(ii)providing products or services to others who compete withthe other.

h)	Paragraph headings used inthis Agreement arefor reference only and shall not be used or relied upon inthe interpretation ofthisAgreement.
INWITNESSWHEREOF,the parties hereto have executed thisAgreement asofthe date first above written.


DISCLAIMER:

With a commitment and desire to offer the best possible technology to the Customer and Evolution intechnology,Server Mango shall upgrade its platform fromtime to time.Accordingly,Server Mango reserves its right to change the platform without any change inthe service levels committed.


Disclosing Party  	 	 	 	                             Receiving Party
 By________________ 	  	 	 	                             By________________
Name:	 	 	 	 	 	 	Name:
Title:  	 	 	 	 	 	 	              Title