SERVICE LEVEL AGREEMENT
- Legal Contract:
This Service Level Agreement (the “Agreement”) is a legally binding contract between the “Client” a registered user with a premium account on the Website https://lihi.io/ and Lihi Link Shortener LLC hereinafter referred to as the “Provider”. The Provider and the Client are individually referred to as Party and together referred to as Parties. The Provider will provide Service(s) to the Client as per the terms and conditions of this Agreement. This Agreement shall be read along with the Terms of Use and Privacy Policy. This Agreement shall become effective as of the date the Client signs up for a premium account on the Website. By signing up for a premium account on the Website, the Client hereby provides its consent to the Agreement.
- SERVICE(s):
The Service(s) provided will consist of the following:
- Link shortener service;
- Domain Buying and DNS service;
- Another free marketing tool.
- SERVICE FEE:
- The Service(s) are provided in three packages as follows:
- Business;
- Enterprise.
- The Service Fee of each of the three packages is as follows:
- Basic: TWD 9.97 per month;
- Business: TWD 29.97 per month;
- Enterprise: TWD 99.97 per month.
- The Service Fee may be either increased or decreased, from time to time, as per the increasing or decreasing requirements of the Service(s).
- Along with the monthly payment option, a yearly payment option is also available.
- The Service Fee is to be paid with the help of a credit card only (Visa and Mastercard).
- A payment invoice will be sent requesting the payment of the Service Fee which shall be paid 5 (five) days prior to renewal of the Service(s) plan or packages.
- Only a flat Service Fee is charged and no extra fee or tax is added to the Service Fee.
- Any delay in payment of the Service Fee shall incur an additional interest or late fee.
- In the event of extreme delay in payment of Service Fee, the provision of Service(s) will be stopped till such time that the payment of outstanding dues is cleared.
- CONDITIONS OF SERVICE(s) AVAILABILITY:
In order to enable the Provider to provide Service(s) in an efficient and smooth manner to the Client, the Client shall ensure a good internet connection and correct DNS settings.
- SERVICE AVAILABILITY:
The Service(s) of link redirecting will be available on a 24*7 basis with an uptime of 99% per year. If the uptime is lesser than 99% per year, reimbursement in the form of one-month free Service(s) will be provided to the Client.
Exceptions to Service Level Availability:
- Interruption due to scheduled maintenance, alteration, or implementation;
- Failure of the Client links, internet connectivity or end-user software, access circuits, local loop, or any network not owned or managed by Provider;
- DNS Issues not in scope and control of Provider;
- Negligence or other conduct of Client or its Authorized Persons, including a failure or malfunction resulting from applications or services provided by Client or its Authorized Persons;
- A shut down due to circumstances reasonably believed by the Provider to be a significant threat to the normal operation of the Service(s), the Provider’s facility, or access to or integrity of Client data (e.g., hacker or virus attack);
- Failure or malfunction of any equipment or Service(s) not provided by the Provider;
- Any interruptions, delays, or failures caused by Client or Client’s employees, agents, or subcontractors, such as the following:
- Inaccurate configuration;
- Non-compliant use of any software installed on the server;
- Client initiated server over-utilization;
- Any problems related to the attacks on the machine such as hacking, attacks, and exploits;
- Force Majeure event.
- SERVICE MAINTENANCE:
- Maintenance of Service(s) will be carried out in the form of standard maintenance and emergency maintenance.
- Maintenance time will be a maximum of 2 (two) hours per month.
- The notification of maintenance will be provided through email or through a Facebook post.
- The maintenance of Service(s) will be carried out from 02.00 A.M. to 04.00 A.M.
- SERVICE(s) RESPONSE:
In support of Service(s) outlined in this Agreement, the Provider will respond to Service(s) – related incidents and/or requests submitted by the Client within the following time frames:
Definition of Service Response Levels:
- High: High means redirect down or system backend down;
- Medium: Medium means functions within the backend not working properly;
- Low: Low means bugs not affecting software ability.
- SERVICE CONTINUITY:
A backup system is ready on different server projects that can be brought into use if the primary or main server fails.
- SERVICE SCALABILITY:
Service(s) are scaled on Google GCP automatically according to customer needs and traffic volume.
- SERVICE SECURITY:The Service(s) are secured with the help of SSL, secured payments, and regular security code patches every month.
- An external security company is periodically engaged to check and optimize the Service(s).
- SERVICE SUPPORT:
The support hours for Service(s) will be 09.00 A.M. to 06.00 P.M on a working day.Any requests for support received outside the support hours will be dealt with in the upcoming support hours in the next working day.
- CONFIDENTIALITY:
The Parties shall keep all matters pertaining to any exchange of information relating to the Service(s), any transaction(s) details and all information gathered, obtained, or exchanged as confidential including the Agreement herein, and shall not disclose it to any third party not entitled to receive it.
- AUTONOMY:
Except as otherwise provided in this Agreement, the Provider shall have full control over working time, methods, and decision-making in relation to the performance of Service(s) in accordance with the Agreement. The Provider will work autonomously and not at the direction of the Client.
- NO EXCLUSIVITY:
The Client acknowledges and agrees that this Agreement is non-exclusive and that the Provider will be free, during and after the term, to engage and contract with third parties in relation to the Service(s) similar to the Service(s) provided herein under this Agreement.
Nothing in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship between the Client and Provider.
In connection with this Agreement, as well as all transactions contemplated by this Agreement, the Parties agree to execute and deliver such additional documents and to perform such additional actions as may be necessary, appropriate, or reasonably requested by either Party to carry out or evidence the transactions contemplated hereby.
- LIABILITY:
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, the Provider’s liability to the Client for any damages arising from or related to the Service(s) (for any cause whatsoever and regardless of the form of the action), shall at all times be limited to the amount actually paid by the Client for any purchases of Service(s).
To the maximum extent permitted by applicable law, in no event shall the Provider (including the Provider’s parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) be liable to the Client or any third party for any special, exemplary, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service(s).
Certain jurisdictions do not allow the exclusion or limitation of liability including limitation of liability for consequential or incidental damages. If the laws of such jurisdictions apply to the Client, some or all of the above exclusions or limitations may not apply to the Client, and the Client may have additional rights. However, in the jurisdictions wherein such exclusions or limitations are permitted then the exclusions or limitations shall apply to the fullest extent permitted by law.
The Client shall defend, indemnify, and hold the Provider (including the Provider’s parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, if any) harmless from and against any costs, losses, damages, liabilities, expenses, claims, demands, and judgments, including court costs and attorney fees arising out of or resulting from the
- access or use of the Service(s) by the Client;
- purchase or use of the Service(s) by the Client;
- actions, inactions, omissions, breaches, falsity, or violation by the Client;
- inaccuracy in any representation, warranty, obligation, or covenant made by the Client;
- violation of any right of a third party under this Agreement for which the Client would be liable in law or equity.
The Provider reserves the right, at the Client’s expense, to assume the exclusive defense and control of any matter for which the Client is required to indemnify the Provider, and the Client agrees to cooperate with the Provider’s defense of these claims. The Client agrees not to settle any matter without the Provider’s prior written consent. The Provider will use reasonable efforts to notify the Client of any such claim, action, or proceeding upon becoming aware of it.
This Agreement shall continue in force as long as the Client’s premium account is active on the Website or until the premium account is suspended or deleted from the Website.
- TERMINATION:
This Agreement shall terminate in any of the following ways:
- The Client’s premium account ceases to be active on the Website;
- The Client’s premium account is suspended or deleted from the Website.
The Provider reserves the right to terminate the premium account at any time without any notice to the Client.
- WAIVER:
No waiver provided by the Provider for any default of the Client shall be deemed as a waiver of any prior or subsequent default of the Client. All the waivers provided by the Provider shall be valid only if provided in writing.
- AMENDMENTS:
The Provider may amend this Agreement from time to time and at any time. When the Provider publishes the amended Agreement on the Website, the amended Agreement will replace the prior version of this Agreement. The amended Agreement will be applicable to the Client from the time it is published on the Website. The Agreement may be amended partly or as a whole. If the Agreement is amended partly, the newly amended Agreement along with the remainder old version of the Agreement will entirely constitute the amended Agreement. If the Client continues its use of the Service(s) after the amendment of this Agreement, it will be considered as a continued acceptance of this Agreement.
- NOTICE:
Any and all notifications, notices, communications, requests, consents, approvals, agreements, authorizations, acknowledgments, and waivers with regard to this Agreement shall be made in written form and delivered to the responding Party through means of email. The email of the Provider is tsmediagroup@gmail.com.
- SEVERABILITY:
If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, then such provision shall either be modified to reflect the party’s intention or completely deleted and the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the Parties, in which case the entirety of the relevant provision will be deemed to be deleted).
- SURVIVABILITY:
The Parties understand and agree that all terms of this Agreement that require continued performance, compliance, or effect beyond the termination of the Agreement including but not limited to Liability, Indemnity, etc. shall survive such termination and shall be enforceable in the event of a failure to perform or comply.
- FORCE MAJEURE:
Neither Party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, pandemic, lockdown, and any date or deadlines relating to the delivery of Service(s) shall be extended to the extent of any delay resulting from any force majeure event.
- HEADINGS:
The numbering and headings are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
- Dispute Resolution:
The Dispute Resolution Process shall move in a step-wise manner as specified below subject to Exceptions. Please read this section carefully. It is part of the Agreement. SOME JURISDICTIONS (WHICH MAY INCLUDE TAIWAN) DO NOT ALLOW MANDATORY ARBITRATION, PROHIBITIONS AGAINST CLASS ACTIONS, OR GOVERNING LAW AND FORUMS OTHER THAN WHERE THE CONSUMER IS LOCATED. IF THE CLIENT IS LOCATED IN ONE OF THESE JURISDICTIONS, THE FOLLOWING MAY NOT APPLY TO THE CLIENT AND THE CLIENT MAY HAVE ADDITIONAL RIGHTS.
- Negotiation:
If in case, any controversy, conflict, dispute, claim, issue, question, disagreement, and difference of any nature or breach thereof [“Dispute(s)”] arises between the Parties, out of or in connection or in relation to this Agreement, the Parties shall use their best efforts to settle the Dispute(s) through negotiation before resorting to mediation, and arbitration. To this effect, the Parties shall consult and negotiate with each other in good faith, and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. The Parties may conduct negotiation proceedings through in-person meetings or virtually through Zoom, Google Meet, or any other online video conferencing platform. If the Parties do not reach such a solution within a period of 60 days, the Parties shall settle the Dispute(s) through mediation.
- Mediation:
In the event of failure to resolve such Dispute(s) through negotiation, any such Dispute(s) arising out of or in connection with this Agreement or in relation to this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, breach, performance, discharge, and applicable remedies, shall be resolved through mediation referred to CAA (Chinese Arbitration Association, Taipei) Mediation Center in accordance with its mediation rules. Any Party to the Dispute(s) may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by mutual agreement of the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by the CAA Mediation Center. The mediation proceedings shall be held in Taipei, Taiwan. The Parties agree to attempt to resolve their Dispute(s) at mediation. The costs of the mediator shall be shared equally by the Parties. If the Dispute(s) have not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
- Binding Arbitration:
In the event of failure to resolve such Dispute(s) through mediation, any such Dispute(s) arising out of or in connection with this Agreement or in relation to this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, breach, termination, performance, discharge, and applicable remedies, shall be finally resolved through a binding arbitration referred to Chinese Arbitration Association (CAA), Taipei in accordance with its arbitration rules in force when the notice of arbitration is submitted, and the seat of arbitration shall be Taipei, Taiwan. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator.
- Opt-out of Agreement to Arbitrate:
The Client may decline this agreement to arbitrate by submitting the Provider an email at tsmediagroup@gmail.com within 30 days of first registering the premium account or agreeing to this Agreement. If such an email is submitted, neither the Provider nor the Client can require the other to participate in an arbitration proceeding. The subject of the email should be “Arbitration Opt-Out”. The Client must specify its name, email address, or other details necessary to identify the Client or Client’s premium account. The email should contain a clear statement that the Client wants to opt out of this arbitration agreement. If the Client successfully opt-outs of arbitration by following the procedure prescribed, any Dispute(s)” of any nature between the Client and the Provider, arising out of or in connection to or in relation to this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, breach, termination, performance, discharge, and applicable remedies shall be subject to, after negotiation and arbitration subject to Exceptions, the courts of Taiwan having jurisdiction to entertain, decide, settle or resolve the Dispute(s).
- Exceptions:
The Parties agree that the following claims are not subject to stepwise Negotiation, Mediation, and Binding Arbitration:
- any claims seeking to enforce or protect, or concern the validity of, any of the Provider’s intellectual property rights;
- any claims related to or arising from claims that the other Party has committed theft, piracy, invasion of privacy, or unauthorized use;
- enforcement actions pursued through a governmental agency if permitted by applicable law;
- The Provider’s right to seek injunctive relief to preserve the status quo pending or during an arbitration;
- Any claim for equitable relief.
The claims which are not subject to Negotiation, Mediation, and Binding Arbitration shall be subject to the exclusive jurisdiction of the courts of Taiwan that have the jurisdiction to entertain, decide, settle or resolve the claims.
- Arbitration on Individual Basis Only:
The arbitration proceedings described herein shall be conducted on an individual basis only. The arbitrator may not consolidate Dispute(s) against the Provider by other individuals or entities unless the Provider expressly consents to such consolidation. This Agreement provides no right or authority for any Dispute(s) to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to the Client’s individual claim, but to the maximum extent permitted by applicable law, may not award relief against the Provider respecting any person other than the Client.
- Class And Collective Action Waiver:
To the fullest extent allowed by applicable law, the Provider and the Client agree that neither of the Provider and the Client may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute(s) subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe this agreement to arbitrate and the Agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, it is agreed that the Parties’ contract to arbitrate is then entirely void.
- Governing Law:
This Agreement shall be governed, construed, enforced, and interpreted exclusively in accordance with the laws of Taiwan.
This Agreement, along with the Terms of Use and Privacy Policy, constitutes the entire Agreement for the subject matter provided herein and shall supersede any and all previous negotiations, representations, agreements, arrangements, and understandings between the Parties put in place either by written form or orally, preceding the date of this Agreement. In case of any conflict between the terms of this Agreement and the Terms of Use, the Terms of Use shall prevail at all times.
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