- Force Majeure
- No Lease
- Government Regulations
- Relationship of Parties
- Choice of Law
- Changes Prior to Execution
- Entire Agreement
- Provision Data Systems Inc
Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labour shortage or dispute, or governmental act, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.
This Agreement is a services agreement and is not intended to and will not constitute a lease of any real or personal property. In particular, Customer acknowledges and agrees that Customer has not been granted any real property interest in the Colocation Space or other PDSI premises, and Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulation or ordinances.
Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside Canada in conjunction with this Agreement without first complying with all export control laws and regulations which may be imposed by the Canadian Government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other party that should not be unreasonably withheld, except to a party that acquires substantially all of the assigning party’s assets or a majority of its stock as part of a corporate merger or acquisition. Any attempted assignment or delegation without such consent will be void. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
Any notice or communication required or permitted to be given hereunder may be delivered personally, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party first indicated above, or at such other address as either party may provide to the other by written notice. Such notice shall be deemed to have been given as of the date it is delivered, or five (5) days after mailed or sent, whichever is earlier.
Relationship of Parties
PDSI and Customer are independent contractors and this Agreement will not establish any relationship or partnership, joint venture, employment, franchise or agency between PDSI and Customer. Neither PDSI nor Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise provided herein.
Choice of Law
this Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.
Changes Prior to Execution
Customer represents and warrants that it made no changes to this Agreement prior to providing this Agreement to PDSI for its acceptance and execution, and that PDSI alone incorporated any and all changes negotiated between, and accepted by, Customer and PDSI into this Agreement or into an addendum executed by both parties.
This Agreement, together with the Order Form and PDSI’s policies referred to in this Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral.
Backups of client sites are performed Monday to Friday. While the Provider attempts to ensure the quality of the backup and provide access to these backups to the subscriber, the subscriber is wholly responsible to maintain copies of their site. The Provider will not be held responsible for loss of data under any circumstances. Please note due to the volume and performance issues EMAIL IS NOT BACKED UP. Please ensure you are downloading your email appropriately to your computer to avoid loss.
Provision Data Systems Inc
The customer agrees that PDSI shall not be held liable for any loss of revenue or costs incurred as a result of any interruptions in service to the customer, loss of data, power, cooling or other events. The complete and entire remedy shall be the cost of services provided to the subscriber for the period of one month.
Each Customer Representative and any other persons visiting PDSI facilities does so at his or her own risk and PDSI shall not be liable for any harm to such persons resulting from any cause other than PDSI’s gross negligence or willful misconduct resulting in personal injury to such persons during such a visit.