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SkyConnect service level agreement (SLA)

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Contents

Mithi SkyConnect Service Level Agreement (SLA)

Last Modified date: 26th April 2017

Thank you for choosing Mithi SkyConnect!

This is an agreement between you and Mithi Software Technologies (or based on where you live, one of its affiliates) that describes your rights to use the software and services identified in this section. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you.

Scope of the agreement, acceptance, and changes

What services are covered by this agreement?

This agreement applies to Mithi SkyConnect and any other software, website, or support services that link to this agreement (collectively the "services"). The services might not be compatible with software or services provided by third parties (depending on the ability of third party software to communicate with the open standards and protocols supported by Mithi SkyConnect). This SLA also applies to our existing customers who are using the same services under the older brand names viz. Start-up, Cruise and Endurance

What terms must I abide by when using the services?

Our goal is to create a reliable, secure and scalable cloud based collaboration service, which is used by our customers. Therefore we require that when using the services, the users abide by these terms and the Mithi Zero-Spam policy, which are incorporated into this agreement by this reference (the "agreement"). You shall not do or omit to do any act by which you become a party (by allowing use of services provided by Mithi knowingly or unknowingly) to the “theft of data”, “information” or “Intellectual Property” from, by or through the use of the services.

How do I accept this agreement?

By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this agreement without modification by you. If you don't agree, you can't use the services.

Can Mithi change these terms after I have accepted them?

Yes. From time to time, Mithi may change or amend these terms. If we do, we'll notify you, either through the user interface, in an email message, or through other reasonable means. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you don't agree to the changes, you must stop using the services and cancel any paid services by following the instructions in section Canceling the services. Otherwise, the new terms will apply to you.

What types of changes can I expect to the services?

We continuously work to improve the services and may change the services at any time. Additionally, there are reasons why Mithi may stop providing portions of the services, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the services or its features in a beta version, which may not work correctly or in the same way the final version may work.

Description and Scope of the Mithi SkyConnect service

Description of Terms

Incident is all the correspondence of the system administrator with the Mithi Customer Care staff to resolve an issue. An incident is opened when the system administrator registers a problem and is closed upon resolution of the same. The incident is also closed when the resolution of the same lies outside the scope of the support provided by the Support Policy.

Complementary services are all services, which may include hardware and network set-up requirements to ensure proper functioning of the mail server. These include but are not limited to DNS, NATing, router setting, procuring static IP etc.

Evaluation or POC means the period during which you try the service. The period of evaluation may not exceed 15 days.

Subscribed means to have submitted and paid the registration/subscription fee to Mithi or to have an equivalent agreement with Mithi for use of the Mithi SkyConnect service.

Migration means the process of moving from an alternate vendors mail server product to Mithi SkyConnect. This covers mail-store, user and address book migration present on the server. Migration services are limited to the data on the mail server and do not include the migration of data on the end users desktops.

Configuration is the term covering all the settings/tasks covered by the system administrator. These include but are not limited to settings for hosting the required domain, adding/deleting users, setting user properties etc.

Defect means any undesirable facet of the application that would require changes to the product documentation or to the functionality or behaviour of the product itself as documented in the respective product manual. A defect can further be classified into a Mithi SkyConnect defect or a defect in the underlying OSS (open source software), OS (Operating System) or hardware. While Mithi will provide upgrades/patches for the defects in Mithi SkyConnect in reasonable time, it cannot guarantee resolution of the defects in the OSS, OS or hardware components of the mail server set-up. Mithi will try and ensure that the hardware, OS and OSS components recommended by it are validated and tested for defect free functioning with Mithi SkyConnect.

Software Update A newer version of the software that remedies a defect reported in the software

Software Upgrade means newer versions of the Product with new or substantially improved features, which may include changes to the underlying OSS components.

Next Generation Release means a newer version of the software that may have newer user interface and/or system architecture.

User Support covers the support/training required by the end users for effective and correct use of the system. It also involves handling user grievances and managing the scheduled down times for upgrades and any routine maintenance tasks. You may note that Mithi does not provide direct support or training to your end users. We can at best provide documentation, support and training to your internal IT team, which will equip them to handle end user support requests.

Administrator Training refers to the remote training Mithi provides to your IT team to help them effectively manage the setup and also equip them to train the end users. You may note that Mithi does not provide direct support or training to your end users. You may also note that the training which Mithi provides will be over a remote virtual session only and is provided as an exception in situations where your IT team needs more help than that provided by the online documentation and videos. Mithi does not do any onsite training.

Reports means the usage statistics and related data for the messaging system. The reports include mail delivery reports, web mail client usage report, configuration reports, event logs etc.

Outages means a loss of messaging service and application as defined by Mithi SkyConnect. Outages can be caused due to various factors such as Hardware failure, OS failure, Internet connectivity loss, Network failure, service failure,and in-accessible web applications.

Recovery from outages means re-starting the services and applications of Mithi SkyConnecct. The recovery process may include, using the available configuration and mail-store backups to restore the system after a system crash.

Monitoring means reviewing the server resources to ensure that the essential services are up and that the resource usage is not exceeding threshold limits. Monitoring is required to ensure the system is functioning within the defined limits.

Feature requests are request for additional messaging services, applications and/or features to Mithi SkyConnect.

Performance tuning are all the programs, settings and configurations relating to enhancing the performance or response time of the messaging services and applications.

Solution upgrades include reconfiguring Mithi SkyConnect from an Internet mail server to mail gateway and vice versa, adding additional gateway servers, adding a Disaster recovery, relay server etc.

Server maintenance covers system administrator tasks such as making disk space, taking backups, changes to the configurations etc., to accommodate changes in the usage patterns.

Third-party software integration includes but is not limited to integration with spam/virus control software, integration with ERP applications and other services such as Instant Messaging etc.

FM is facilities management. This includes all the services related to maintenance and management of the mail or IT infrastructure.

Customer is a buyer of our software, specifically the IT team of the customer's organisation. This may also include a partner's FM team who provides the facilities management services to the customer. They are Mithi's customer within the subscription period and as long as they renew the subscription. The end users from your company/organisation, who use our services are not eligible to directly contact Mithi support for their queries/concerns. They must have a point of contact within your organisation, who will in turn communicate with our support desk.

Partner is a system integrator organisation who provides services FM services to our customers.

Self Help Customer may use the training provided and the available resources from Mithi to perform the desired maintenance task using their internal resources. Resources available to the customer include

  • Training
  • Custom Operations Guide
  • Product literature
  • Forums & Blogs
  • Trouble shooting documentation
  • FAQs
  • Process documents and templates
  • Test plans

Ticket is an issue which is reported and stored in Mithi's helpdesk system. A ticket can be opened by sending a mail to [email protected]. All interaction on the ticket can happen by simply replying to the ticket email and retaining the ticket number in the subject.

Site readiness is a process prescribed by Mithi to prepare the servers, network and other environmental factors to enable the consumption of Mithi SkyConnect.

Service helpdesk issues These are issues related to misbehaviour or queries related to the normal functioning of the already deployed system. This might include help with simple problems or general "how-to" questions and serious problems like server crashes etc. Some examples of such incidents are:

  • How to
  • Troubleshooting
    • Reports of missing mail
    • Reports of mail delays

Subscription Manager A software component in the application which restricts the usage of the software based on a Subscription Key. The restriction is done on 2 counts viz. Number of users and Time.

Subscription Key This is an encrypted key which is provided by Mithi to activate the subscription. This will contain the details of the customer's order viz. number of subscribed users and the duration of the subscription. Once the number of users exceeds the limit set by the key, the administrator wont be able to add more users, unless he purchases a new key from Mithi with the additional users as part of the key. Similarly when the subscription period expires, the administrator wont be able to perform any changes to the server. The end user functions will be unrestricted.

What all is backedup and How are backups taken?

Mail storage backups are taken Daily, once a day within the cloud. Mail store backups taken as a snapshot at a fixed time during the night. This means that changes/deletions between backups would be captured in the next backup. Thus the backup always represents the view at the time of backup. E.g. if a mail is received and deleted between backups the next backup will not capture the mail. Please note that the backup of the mailstore is taken only for restoration in bulk during a disaster recovery operation. For normal day to day operations, as per our policy, we retain mail as per quota allotted to the users. It is not possible or feasible to do restoration for individual mailboxes from the backup store. We recommend that you set a system to ensure data security for the mail downloaded using POP to the users' desktop clients or may opt for Vaultastic as a cloud backup tool for your email.

Configuration, profile, chat history, calendar, contacts etc backups are taken daily from each server for the purpose of disaster recovery, within the within the cloud.

Both types of backups are maintained only for the last 2 days.

System Logs are not backed up.

The backups are monitored daily for successful copy.

What are the shared policies applicable?

The Mithi SkyConnect hosted collaboration service provided by Mithi is available with the following policies, which apply to all customers alike. Since the service is hosted for all our customers on the same servers (shared), these policies have been designed to maximize throughput for the mail flow.

  • Bandwidth to our servers is Unmetered but limited to the policies in force with our data center provider. Normally the limits offered by the ISPs are more than sufficient for normal functioning.
  • For mail sent via Baya the web client, the maximum attachment size is 10 MB and max number of attachments is 15
  • For mail sent via any client (mobile, desktop or Baya), each user is restricted send only upto 1500 mail in a 24 hour period (midnight to midnight).
If you want to exclude any users from this limit, we would expect a written authorization from your end, and we can white list them to be able to send upto 7000 mail in a 24 hour period (midnight to midnight). This you may do for email ids which need to communicate in bulk with your external contacts.
If any user crosses this limit, the user is assumed to be a spammer, is blacklisted and an automatic alert is sent to our support staff and to your administrator accounts for your action. The sender and your organization administrator will get an alert regarding the blacklisting. You would need to approach our help-desk to remove the id from the blacklist. Please note that some ids may not be de-listed from the black list (if they are repeat or habitual offenders). You would need to respond to the alert mail with details of the action taken by you to prevent that user from doing this again. Please refer to Mithi's Zero Spam Policy for more details.
These numbers (1500 and 7000) are a count of total mail deliveries across all recipients of all mail sent by a user. E.g. if a user sends a mail to 4 recipients, the system will count this as 4 email. If a user sends mail to a group (distribution list) of 50 email ids, the system will count these as 50 emails, and so on. The sum of all such mail deliveries by a user is compared against the allowed thresholds. [This new policy comes into effect at 12 noon of 27th August 2015]
  • The system restricts IMAP data transfer to a total of 2.5 GB a day per user. In case a user crosses this threshold during the day, the system will automatically disable the IMAP service for that user for the rest of the day until midnight. All blocked accounts are automatically unblocked at midnight.
  • Similarly the system restricts POP data transfer to a total of 2.5 GB a day per user. In case a user crosses this threshold, an alert will be raised to our service desk and our team will contact you to understand why the sudden increase in data transfer for that user.
  • For mail sent via any client, the maximum message size permitted is 30 MB (including attachments)
  • The maximum number of recipients in a single mail can be 200. This means that any one mail cannot be destined for more than 200 recipients (this is typically done to prevent spammers from making one connection and pushing junk mail into the queue without any limit). This prevents users from copying and pasting a large list of comma separated recipients into the TO, CC or BCC box of the mail and sending the mail. Normally not a good practice anyways.
  • For mail destined to remote users, stuck in the queue due to temporary delivery failures, the lifetime is 2 days before the mail are returned (bounced) to the sender.
  • Mailbox quota for users on the cloud servers is as per what you have purchased. For users hosted on the in premise mail gateway servers (hybrid solution), the system will retain inbound mail in the user's cloud mailbox account for last 7 days only.
  • The servers deploy Spoof check to dissuade users from masquerading as somebody else and sending mail on their behalf.
  • System logs are retained for life as a policy.
  • SecureMailFlow captures spam and virus infected mail into a quarantine and also maintains logs for these, allowing the administrator to search and release these mail from the SecureMailFlow console and the end user to release these mail using the daily mail traffic report. Please note that these are maintained only for 15 days. This means that any mail in the quarantine, older than 15 days will be automatically deleted and wont be available for release.

What are the clean mail services offered

Mithi SkyConnect comes bundled with the SecureMailFlow service, for cleaning Inbound and Outbound Mail. All Inbound and Outbound mail will pass through the SecureMailFlow system and be scrubbed for Virus and Spam. Please read more details about SecureMailFlow here

What all facilities are available to me via the Administration console

Your role would be defined to allow you to administer your domain(s), their users, groups (distribution lists) and COS (Class of Service) via the Application Manager console. You would not be given access to the server properties (which are taken care of by Mithi personnel). The SecureMailFlow administration console for the clean mail service management would be available to you. From time to time as Mithi feels appropriate, your role may be changed to include more or less properties. Your personnel will not be given command line access to the servers.

What all customizations are permitted on my account

For your web client access, you can deploy your own logo with the specified size and change the color theme using one of the predefined themes which closely matches your corporate color scheme.

* Baya - Web based client The web client is the interface via which most of the users in your organization will access their mail, address books, calendars, chat and audio-video calling interface. Most of the elements of this interface can be customized.

Feature Customization supported
Colour scheme Yes
Layout No
Customer Company Logo Yes
Copyright statements No
Ready links to other URLs Yes
Control Features available via web mail client Yes
Welcome Mail Yes
Privacy Statement Yes
Look and feel of Help No
Access URL to end users By default when your domain(s) are created, the system will automatically create an access URL of the form <your domain>.mithiskyconnect.com. If you use this URL to access the services, your access is automatically SSL enabled without you having to buy separate certificates for your domain. However if you wish to use your own URL like e.g. mail.<your domain>, we can do this customisation only for HTTP access and only if you provide a valid SSL certificate for your domain. Please note that custom SSL certificates cannot be deployed for any other service other than HTTP (web access)
Changing labels No (some are allowed as per documentation in the help)
Error & Status messages No
Product Name, Product Logo, Mithi Name, Mithi Logo No

* Web based Domain Administration interfaces The Domain Administration console is a web-based interface, which the domain manager uses to manage their accounts on the cloud setup. Any PC connected to the server via a browser can access these interfaces. Since these interfaces are available only to a select group of users, we do not support customization of these interfaces.

* Bounce messages When a mail server rejects or bounces a mail due to reasons such as Real-time Black Hole List, quota overflow, etc., the sender/recipient receives a bounce or a reject message generated by the mail server. People may find the message cryptic and would like to customize the same. Unfortunately these messages cannot be customized as the Mail Transfer Agent (MTA) of the recipient server generates them. In Mithi SkyConnect the MTA is an open source component. Mithi refrains from modifying open source components as the flexibility of integrating the latest open source components reduces as the customization of the open source component increases.

* Directory Services Mithi SkyConnect stores all the directory information pertaining to domains, groups and users in LDAP databases. These databases can be accessed by external applications via Web services. The web services can be accessed via various programming languages such as Java, ASP & HTML. The web services interfaces allow you to perform functions in the following areas:

  • User Management
  • User Options
  • Mail Folder Management
  • Message Management
  • Message Transport

However, these services do not support integration like achieving a single sign-on interface between Mithi SkyConnect applications and your own. We also do not support customizing the directory structure like adding fields or modifying the field descriptors (However the Mithi SkyConnect directory schema covers around 40 popularly used fields in an enterprise).

* Standard Disclaimers Every mail which is sent via Mithi SkyConnect will carry a standard footer stating that this mail has been sent via Mithi SkyConnect and has been scrubbed by SecureMailFlow clean mail service.

This footer message is configured at a system outgoing route level. Its primary purpose is to establish authenticity of the message and inform the recipient that the mail is sent from a dependable source and is virus/spam free, which will give them confidence and also increase brand value of the sender.

All outgoing mail from our setup for all our customers and domains is routed via the clean mail service to maintain hygiene of the mail and establish strong reputation of your brand.

This footer can be turned off selectively if you so desire.

Transport security. Now that the data is safe in the stored form, its time to secure the transmission. All data transfers across servers and clients happens over SSL (encryption)

Mithi SkyConnect account

What is a Mithi SkyConnect account?

To access portions of the Collaboration services covered under the Mithi SkyConnect brand, you will need a Mithi SkyConnect account. The Mithi SkyConnect account, is the credentials you will use to authenticate with our network. Mithi will create this account for you once you sign up for the services. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your Mithi SkyConnect account.

What if I can't access my Mithi SkyConnect account?

If you've forgotten your password or otherwise can't access your Mithi SkyConnect account, you can approach our help-desk as described in section Support. Mithi doesn't guarantee that your Mithi SkyConnect account will be restored or your content (as defined later) will be safeguarded.

What if I obtained my Mithi SkyConnect account from someone other than Mithi?

In some cases, we allow you to obtain your Mithi SkyConnect account through a third party, like a reseller, business partner or a hosting service provider. In such cases, that third party may have additional rights over your Mithi SkyConnect account, like the ability to reset your password, view your account usage or profile data, read or store content in your account, or suspend or cancel your Mithi SkyConnect account. In these cases, you are subject to this agreement and any additional terms of use from that third party, which should be made available to you by such third party. If you are the administrator of the managed domain, you are responsible for all activity that takes place within the accounts on the managed domain.

Subscription regularization policy

Mithi SkyConnect and Connect Xf incorporate a Subscription Manager, which is a software component in the application which restricts the usage of the software based on a Subscription Key. The restriction is done on 2 counts viz. Number of users and Time.

The Subscription Key is an encrypted key which is provided by Mithi to activate the subscription. This will contain the details of the customer's order viz. number of subscribed users and the duration of the subscription. Once the number of users exceeds the limit set by the key, the administrator wont be able to add more users, unless he purchases a new key from Mithi with the additional users as part of the key. Similarly when the subscription period expires, the administrator wont be able to perform any changes to the server. The end user functions will be unrestricted.

If required, for in premise servers (as part of the hybrid solution), Mithi reserves the right to carry out periodic audits on the servers for preventive maintenance and to get a stock of the number of user subscriptions being used. The customer is requested to cooperate with our staff to enable them to perform this checkup. It will help to regularize the subscription and also will help to prevent upcoming problems if any. Any excess use in the subscription, will be intimated to the customer via an audit report. The customer is expected to perform the necessary housekeeping and pay for the remaining excess within 15 days of the audit report date.

Content

Who owns the content that I put on the services?

Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email, and instant messages ("content"). Except for material that we license to you that may be incorporated into your own content (such as clip art), we don't claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We don't control, verify, pay for, or endorse or otherwise assume any liability for the content that you and others make available on the services.

Who can access my content?

You have initial control over who can access your content. If you share content in public areas of the services or in shared areas available to others you’ve chosen, you agree that anyone you've shared content with can, for free, use, save, reproduce, distribute, display, and transmit that content in connection with their use of the services and any other services or products. If you don't want others to have that ability, don't use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this paragraph, won't violate any law.

What does Mithi do with my content?

Mithi has no reason to access your content manually for any purpose what so ever. During the course of its flow the content is passed through automated filters, scanners, and tools for detection of spam and malware, generating automated MIS reports, monitoring any misuse, etc. If any detailed troubleshooting is required, our team will be requesting you for samples, headers, relevant portions of the content to aid in the deep diagnosis. When you upload your content to the services, you agree to the above mentioned conditions.

What type of content isn't permitted?

Content that violates this agreement (which includes the Mithi Zero-Spam policy) and the Mithi Code of Conduct or your local law isn't permitted on the services. Mithi reserves the right to review content for the purpose of enforcing this agreement. Mithi may block or otherwise prevent delivery of any type of email, instant message, or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.

Can Mithi remove my content from the services?

Yes. We may ask you to remove your content from the services if it violates this agreement or the law. Failure to comply may result in loss of access to, or cancellation of, the services or your Mithi account. Additionally, Mithi may remove your content without asking you if we determine it's in violation of this agreement or the law, or if we receive a notice of intellectual property infringement from a third party.

Services cancellation

What happens if I don't abide by these terms?

If you violate this agreement, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, canceling your services, and/or referring such activity to appropriate authorities. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. In the event we take action against you for a violation of this agreement, we may permanently delete, and you may permanently lose some or all of your content stored on the services and/or we may cancel your services in its entirety. Data that is deleted may be irretrievable.

Are there other ways I could lose access to the services?

Yes. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel that service (see Canceling services section for more details).

How can I terminate the services?

You may terminate the services at any time and for any reason. To cancel a paid portion of the services, see section Canceling Services. If you are canceling your services, your account will remain active for a period as per terms listed here, and the quickest means of eliminating/downloading your content, which is on the services is to manually remove it from the various components of the services (for example, manually download or delete your email). You may use the same standard access protocols (such as POP, IMAP, XMPP etc) to achieve this. For any help required with this, please contact our team on the service desk. However, please note that while content you've deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.

What happens if my services are canceled or terminated?

If your services are canceled or terminated (whether by you or us), your right to use the services stops immediately and your authorisation to use our software ends. You must then uninstall the software, or, alternatively, we may disable it. If your services are canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.

Payments to Mithi

Charges

If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of access to and use of your account and its content.

Your billing account

To pay the charges for a service, you will be presented with an electronic invoice before the payment is due.

Renewals and Payments

  • All renewal formalities for the subscription to be completed before the due date for Renewal.
  • The payment for the above, to be remitted on or before the due date for Renewal.
  • The CRM system will automatically initiate a reminder regarding a due renewal in advance to provide you with enough notice to work your processes with approvals etc.
  • For monthly, quarterly, or half yearly billing cycles, the subscription will be reset once the next due invoice is cleared.

Note: Put simply, any payment which is due has a grace period of only 7+7 days, which is explained below.

  • If for any reason, the Renewal order and/or any Payment due to Mithi is delayed more than 7 days beyond the due date:
  • Mithi would be suspending support to your organisation which means that you will not be able to
1) Receive a response to tickets raised on our helpdesk,
2) Receive Emergency support during any outage or server failure,
3) Receive a response to phone calls for Emergency support 24/7 (for Priority customers)
  • Mithi would not be refreshing any subscription certificates, which means that you may lose access to the administration interface or may not be able to add users Click here to learn more about how the Subscription manager works)
  • If the renewal and payment thereoff is delayed more than 15 days, beyond the renewal due date:
  • Mithi would be cancelling your account on the hosted email setup
  • After 30 days of the due date, all your data including archived mail would be deleted permanently.
  • For all delayed payments, Mithi would charge an interest of 24% annual.

Price changes

We may change the price of the services at any time and will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the term.

Refund policies

If you cancel your services midway with reasonable justification of deficiency of service to the extent that your users are unable to use the service, Mithi may consider refunding the prorata portion of the remaining period of the already paid for services (e.g. if you have paid for a year and you decide to terminate the contract after 6 months, the refund due would be only for the amount for 6 months). In any case, the claim will be limited to a refund not exceeding the customers purchase price for the product or service.

Cancelling the services

You may cancel the services at any time, with or without cause. Unless otherwise required by the law of your jurisdiction, you should refer back to the offer describing the services as

(i) Refer to the Refund policy clause in this contract

(ii) you may lose access to and use of your account when you cancel the services. If you cancel, your services end at the end of your current service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.

Late payments

You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.

Payments to you

If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.

Internet access services and charges

If the services don't include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.

Warranties

Scope of Service Availability Commitment: Mithi’s Service Availability Commitment for the Basic Services defined under First Schedule is up to 99.9% over a calendar year of usage.

  • Server instance availability = 100* ( Total minutes per year – unscheduled downtime minutes) / Total minutes per year

Service Availability Commitment Process: If Mithi fails to maintain Availability in any whole calendar year of the Service Term, due to any act or omission of Mithi, then the Customer is entitled to receive a credit against the annual Recurring Charge as set out in the online Order and reflected in invoice against such service. The Service Credits will only be paid in respect of the impacted cloud server instance and only if the annual Recurring Charge has been paid for that year. The Service Credits are non-cumulative and cannot be carried and accumulated on year – on – year basis. The service Credits are set out below:

Between 95-99% availability, 2% of the annual recurring charge. Below 95% availability, 4% of the annual recurring charge.

In order to qualify for a Service Credit, the Customer must notify Mithi within seven (7) days of any event giving rise to a Customer entitlement, by invoking a Support ticket with the Mithi’s Helpdesk, Pune. Failure to so notify will void the Customer's eligibility for any credit for such events.

  • Mithi will then determine in its reasonable judgment, the cause of the service unavailability.

Service unavailability shall not be deemed to occur as a result of network maintenance activities; acts or omissions of Customer or its agents; failure of Customer supplied hardware/software; network unavailability outside the Mithi network; or events of Force Majeure.

The Service Level Guarantee shall not apply to the following performance issues:

  • Caused by factors outside of Mithi's reasonable control.
  • That resulted from any actions or in-actions of the Customer or any third parties.
  • That resulted from the Customer's software and / or third party software, not within the sole control of Mithi.
  • Caused by a Force Majeure event.
  • Planned / Scheduled Maintenance for which Mithi had provided notice of forty eight (48) hours or more.
  • Any restrictions placed / imposed upon Mithi by the Customer, which prevent or delay the performance of Mithi's obligations.
  • Any Network outage arising out of Virus / Denial Of Service attacks and / or the usage / utilization in excess of 80% of the contracted bandwidth (rate-limit customers) / capacity of physical link.

Normally barring all the excluded causes mentioned above, Mithi commits to take all necessary and standard measures to monitor and maintain the setup and deliver on the committed up-time. Despite this best effort if some unfortunate and unforeseen incident does occur, Mithi cannot be held liable beyond the specified service credits penalties. Also, Mithi is committed to continuously improve so in the eventuality of such an incident, Mithi will perform a postmortem and incorporate the learning into the processes and tools.

Limitation of liability

If Mithi breaches this agreement, you agree that your exclusive remedy is to recover, from Mithi or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your services fee for one month. You can't recover any other damages or losses, including, without limitation, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.

Third-party websites

You may be able to access third-party websites or services via the services. Mithi isn't responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.

Setup and Deployment

The system would be set up within a time frame of four weeks from the date of receipt of the Purchase Order along with the requisite advance payment. (subject to domain having been registered and also considering 3 days extra for domain entry change to point to our server)

Support

Definition of who can ask for support

Mithi's helpdesk is available for the customer as defined in the description of terms above. In your company, you would have a group of IT people, who manage the setup and also support your end users, viz internal/user customers. Mithi does not directly support the end users in your organisation. Mithi will only support your IT team via a single registered email id/group id. This means that only mail from registered email ids would be treated as valid inputs and would be logged as tickets in our system. To support your end users, you may want to setup an internal help desk system.

Maintenance and Management issues - Severity definitions

Note: This doesn't apply to Reconfiguration, Upgrade, Deployment and Migration tickets/issues.

Severity Description
Severity Level 1

(S1-Show stopper)

Critical Service Outage

A production service is down and no workaround is immediately available.

A critical production service – such as mail access and mail delivery is down or not responding and cannot be stabilized or restarted. Your business operations have been severely disrupted. More than 50% of users on a platform or server are affected. May not be used in the case of a new installation, a test server or platform, or where no production users are on the system.

Severity 1 support requires you to have dedicated resources available to work on the issue on an ongoing basis during your contractual hours. In the case that the customer cannot continue to work on the issue with Mithi or its Associates, the case Severity Level may be reduced to a S2.

A service outage does not include the loss of connectivity or access for a single or relatively small subset of users, and a service outage should only be filed on cases thought to be problems with the server or service. S1s cannot be filed on a case thought to be a problem in a messaging user agent or client such as Baya, Thunderbird, Outlook, iPhone, etc.

Severity Level 2

(S2-Major Functionality impaired)

Major functionality is severely impaired.

Operations can continue in a restricted fashion, although long-term productivity might be adversely affected. A major milestone is at risk. Ongoing and incremental installations are affected. A temporary workaround is available.

Severity Level 3

(S3-Minor Functionality impaired)

Minor functionality is impaired.

Minor functionality not working – workaround available. Partial, non-critical loss of functionality of the software.

Impaired operations of some components, but allows the user to continue using the software. Initial installation milestones are at minimal risk.

Severity Level 4

(S4-General usage questions)

General Usage Questions

  • Cosmetic issues, including errors in the documentation.
  • General configuration or use questions.
  • Enhancement requests.

Note: Cases initially opened via email will be assigned a Severity Level of Sev-4.

Support Window, Response times, scope

Solution Support Option Response time for Outage in the service(&) Response time for any other incident type(&) Forums Product Literature Help desk Phone Working hours
Mithi SkyConnect Privilege 1 working hours Same working day Yes Yes Yes 24/7 24/7

Support Incident Process

Mithi is committed to resolving customer problems quickly and professionally.

When you contact Mithi:

  • Every service request is logged into the Help desk system and is accessible to all Service Team members.
  • The tickets are sorted into separate queues depending on the type of request. The queues through which your ticket can flow are
    • L1
    • L2 escalation
    • L3 product escalation
    • Reconfigurations
    • Deployments
  • The Services Team assigns case priority based, in part, on the Severity Level that you indicate or we analyse
  • After reasonable troubleshooting, an unresolved case will be escalated to Engineering directly for resolution (L3).

Note:

  • Enhancement and bug requests also funnel in through the same ticketing process. Typical resolution for enhancements will be bugs filed with Engineering who will work with the Support team to provide target release dates.
  • Cases initially opened via email will be assigned a Severity Level of Sev-4.

Remote access to user clients - policy

Sometimes we come across situations where the end users are facing some challenges with their clients (email clients, chat clients, calendar clients, browsers etc) and even though we attempt to support these situations via instructions provided remotely, in some rare occasions we may need to suggest that the customer allows us to access the client's PC remotely so we can get a first hand view of the problem faced by the user. This is typically done using some screen sharing software like AmyAdmin or GotoMeeting, etc.

While we will make all possible attempts to avoid this, for some chronic situations, it may still be required to do this. For all such situations, please take note of the following policies governing this access.

  • It is upto the customer to ensure privacy of the data residing on the client PC. We advice that the user or administrator always be available and looking at the PC to audit what all our operators are doing. Please DO NOT leave the PC unattended while a remote investigation is in progress.
  • We advice and require that all applications and all windows on the PC, except the client application being investigated, be switched off.
  • We require that during the investigation, the user should not be doing any operation on the PC whatsoever. If the user needs the PC urgently, we would log off the session and continue at a later time.
  • Mithi will not entertain any complaints of any kind related to privacy violation since this exercise is to be conducted in mutual agreement, at a mutually convenient time and when both parties are working on the PC together.

Change Management process

Every request for change (internally initiated or externally initiated) lands up in the Reconfiguration queue. Each ticket in this queue, goes through the following process.

1. Understanding the requirements by a call and documenting these in the ticket as the full scope.

2. Asking customer to sign off on these requirements as understood to confirm both teams are on the same page

3. Mithi Reconfiguration team then makes a CMR (Change Management Request) form, which has the following key elements

a. The requirements and scope
b. Impact of this change on end users
c. The Phases, Steps and Commands to perform the change with the schedule.
d. Total Downtime
e. Roll back plan

4. The CMR is sent across to customer for review and approval.

5. Once the CMR is approved, the mithi team executes these as per schedule given and monitors the impact.

Configuration Management process

Configuration management follows our kaizen plan and vision for the setup to make it more reliable, manageable and high performing.

The entire plan is broken down into steps to be done through the year. Each step in the plan then follows the Change management process to implement in the setup.

The customers are kept update of the well in advance of the change to be done and their feedback is also accommodated.

Problem Management process

For every ticket which is reported by customers, the following action is taken once the ticket has been responded and resolved using the Incident management process. The bias is towards prevention.

Depending on the RCA done for the reported incident, one or more of the following actions are triggered to prevent such incidents from recurring

a. Knowledge Base: If the incident is not already documented in our KBase, it is added as a Troubleshooting or How to topic

b. External Training: Sending useful information to the customer to educate them and also walking them through the resolution to Train their team

c. Internal Training: Mithi runs a edaily training program for the services team members. This incident gets added as a topic to discuss.

d. Product defect/enhancement: The product team is informed of the incident so they can consider changing the product interface/behavior to prevent recurrence.

e. Process enhancement: The deployment and Reconfiguration processes may need a change to prevent such incidents.

Release Management

The setup is regularly updated to the latest application version as they are released. The customers are informed well in advance of the upcoming scheduled downtime..

Services structure

Activity Maintenance and Management Reconfigurations Fresh deployments and migrations
L0 - Self Help

Customer may use the Self Help tools provided by Mithi to perform the desired maintenance task using their internal resources.

Customer may use the Self Help tools provided by Mithi to perform the desired reconfiguration and upgrade task using their internal resources.

Customer may use the Self Help tools provided by Mithi to perform the desired deployment and migration activity using their internal resources. If not the entire activity, the customer has to at least ensure that the Site is ready as per specifications provided by Mithi.

L1 - Service Desk

Customer may open a ticket in Mithi's help-desk system to report an issue or query regarding their running setup. The response time is decided by the incident type and support type included in the subscription. Refer to table below for more details on response time.

The charges for this are included in subscription

Customer may open a ticket in Mithi's help-desk system to request Mithi team to perform the activity or help the customer's team to perform the activity.

If the customer would like Mithi's team to perform the activity, the activity would be charged separately.

If the customer is performing the activity on their own and would need help from Mithi, that wont be charged. Please note that in this condition, Mithi would point the customer to appropriate documentation resources or provide steps only.

Customer may open a ticket in Mithi's help-desk system, to request Mithi team to perform the activity or help the customer's team to perform the activity.

If the customer would like Mithi's team to perform the activity, the activity would be charged separately.

If the customer is performing the activity on their own and would need help from Mithi, that wont be charged. Please note that in this condition, Mithi would point the customer to appropriate documentation resources or provide steps only.

L2 - Escalations

If the issue is not being resolved in a timely manner or in a satisfactory way, either the customer or Mithi's L1 support staff, may escalate the issue to an L2 support manager (Mithi senior person). The escalation matrix is provided below in a separate table.

If the reconfiguration activity is not being performed in a timely manner or in a satisfactory way, either the customer or Mithi's L1 support staff, may escalate the issue to an L2 support manager (Mithi senior person). The escalation matrix is provided below in a separate table.

If the fresh deployment or migration activity is not being performed in a timely manner or in a satisfactory way, either the customer or Mithi's L1 support staff, may escalate the issue to an L2 support manager (Mithi senior person). The escalation matrix is provided below in a separate table.

L3 - Product Escalations

If the issue has been reviewed by an L2 support manager and needs intervention by the product team, it is internally escalated to the Service delivery Manager (L3) who inturn will review the ticket and escalate it to the product team for a resolution. Meanwhile the support team will try and provide a work around or first aid to keep the system running smoothly.

If the issue has been reviewed by an L2 support manager and needs intervention by the product team, it is internally escalated to the Service delivery Manager (L3) who inturn will review the ticket and escalate it to the product team for a resolution. Meanwhile the support team will try and provide a work around or first aid to keep the system running smoothly.

If the issue has been reviewed by an L2 support manager and needs intervention by the product team, it is internally escalated to the Service delivery Manager (L3) who inturn will review the ticket and escalate it to the product team for a resolution. Meanwhile the support team will try and provide a work around or first aid to keep the system running smoothly.

Escalation Matrix for Helpdesk tickets

Please use this information to contact the concerned people after you have opened tickets and have monitored the ticket for a response.

Level Name Designation Coordinates
L1 service desk Help desk Support staff

[email protected]

+91 20 67043430

+91 73508 46100, +91 98224 07208

L2 and L3 escalation Anita Joshi Head - Services

[email protected]

+91 20 67043444

+ 91 88888 02428

Ticket retention policy

Mithi will retain closed/resolved tickets for a period of upto 3 months earlier than today. All tickets older than 3 months would be deleted from the system. This would be done as part routine cleanup to maintain high performance of the ticketing system. If as part of your process, you need historical data of more than 3 months, you may need to establish a system to capture and store this at your end.

Code of Conduct

This Code of Conduct applies to all Mithi SkyConnect users that allow them to post or share content with others. Please read the Code of Conduct and any supplemental information below for additional details about particular services that you may use.

Member Qualifications

The services are designed for individuals 13 years of age or older. As a user of the service you will uphold this Code of Conduct, and are responsible for all activities and content you post/upload. In addition to upholding this Code of Conduct, you are responsible for adhering to all applicable local and national laws. Falsely impersonating a Mithi employee, agent, manager, host, or any other person with the intent to mislead or cause harm to others is forbidden.

Prohibited Uses

You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:

  • depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.
  • incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
  • misrepresents the source of anything you post or upload, including impersonation of another individual or entity.
  • provides or creates links to external sites that violate this Code of Conduct.
  • includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • is intended to harm or exploit minors in any way.
  • is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school.
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
  • is illegal or violates any applicable local and national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
  • threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
  • harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming.
  • attempts to impersonate a Mithi employee, agent, manager, host, administrator, moderator, another user or any other person through any means.
  • promotes or otherwise facilitates the purchase and sale of ammunition or firearms.
  • contains or could be considered 'junk mail', 'spam', 'chain letters', 'pyramid schemes', 'affiliate marketing' or unsolicited commercial advertisement.
  • mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.
  • attempts to manipulate the services, including ranking and reputation systems in the services, by violating any of the provisions of this Code of Conduct, colluding with others on voting or using multiple profiles.
  • offers to make international money transfers for amounts exceeding the asking price of an item, with intent to request a refund of any portion of the payment.
  • contains advertising for money making schemes, discount cards, credit counseling, online surveys or online contests.
  • violates intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary, permissions, licenses or consents.
  • violate any copy right directly or indirectly.

You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Mithi.

  • Mithi shall not tolerate disruptive activity online, postings or statements that incite others to violate this Code of Conduct or participate in illegal activities.
  • Mithi shall not allow the posting of destructive features, use of computer programs that contain such features, or access to any content that contains destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to online communication or Internet system or services.
  • Mithi reserves the right to remove communities and chats that advocate or encourage expressions of violence, bigotry, racism, hatred, or profanity.

Termination and Cancellation

If any serious misconduct is noticed/reported with evidence (misconduct is defined but not limited to the points mentioned above in the section "prohibited uses") Mithi reserves the right, at its sole discretion, and without any obligation to do so, ban participants or terminate access to services. Once this is done then the terms of services cancellation come into effect.

Rights and Responsibilities

We encourage you to not share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their children to keep them safe online.

Mithi is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.

You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.

You may use the Report Abuse link to report violations of this Code of Conduct.

Mithi reserves the right to amend or change the Code of Conduct or any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance.

Some information you provide or upload to the service may be stored outside of the country in which you reside.

Zero Spam Policy

Customer, its agents, users or employees shall not “spam” through the Services. To spam includes sending identical and irrelevant submissions to many different discussion groups, mailing lists, chats or communities. Usually such postings are unsolicited or have nothing to do with the particular topic of the group or are of no real interest to those on the mailing list. To spam also includes misrepresenting the source of anything you say or post. Spamming and scrolling in chat rooms are serious violations of online etiquette

If an email id has been found to be sending more than the allowed threshold of mail in one day by our Rate control system. the EMAIL ID will be AUTOMATICALLY BLACK LISTED.

One of the possible causes for this are that the user's PC/laptop is infected by a virus which is causing it to send mail via the server without the user's knowledge.

It is expected that you will take appropriate action to scan and cleanup the PC before you approach our help-desk to de-list that email id. When you request for a de-listing, also please enlist all the measures you took to prevent such occurrences in the future.

PLEASE NOTE that if an email id is found to be a habitual offender (blacklisted 3 times), it will be permanently blacklisted and you may have to delete and create a new email id.

During operational reviews, Mithi would be taking the following action if a broad based spam (several users are doing this and causing our IPs to develop bad reputation) is originating from the users of your domain and being sent via our servers:

1. ALERT 1: Mithi would block the offending email ids and would alert your administrator of the spam activity. It would be your responsibility to disinfect the concerned PC/laptop, reset the password of the user to a complex password, and intimate this in writing to Mithi, before we can enable those email ids.

2. ALERT 2: Despite the above, if spam is observed repeatedly, a second alert would sent to your administrator after blocking the concerned email ids. Please note that it takes effort to clean up the junk mail which have entered the system and at this point. We would be requesting a document suggesting what steps you have taken to prevent this recurrence, before we can re-enable those email ids

3. FINAL ALERT/WARNING LEADING TO DISCONNECTION: If despite the above, spamming continues, Mithi may decide to terminate your subscription and disable your domains permanently from our servers. Please note that your subscription charges are non-refundable in this case.

Other Terms

THIS AGREEMENT is made and entered between Mithi Software Technologies Pvt. Ltd., having its Registered offices at 103, Mayfair Court, Dr. Pai Marg, Pune 411 045, hereinafter referred to as Mithi and yourself the customer, hereinafter referred to as the Customer, WHEREAS Customer wishes to use the services of Mithi.

NOW, the parties hereto are desirous of reducing the terms of the contract in writing and the parties hereby agree as follows:

  • INDEMNIFICATION: The Customer shall indemnify and hold harmless Mithi from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Mithi on the grounds that the content violates any copyright, proprietary right of any person, state and central regulations, or contains any matter that is libelous or scandalous, or harm sentiment of a particular religion, caste or community.
  • FORCE MAJEURE: Section 56 of the Indian Contract Act shall apply to this Agreement. In addition, if at anytime, during the continuance of Mithi SkyConnect Services, the performance in whole or part, of any obligation under it shall be prevented or delay reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., Customer shall not have any claim for damages against Mithi in respect of such non-performance or delay in performance.
  • ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
  • GOVERNING LAW: This Agreement shall be governed by the laws of INDIA. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. Courts in Pune alone shall have the jurisdiction touching this agreement in any manner what so ever.
  • DISPUTE RESOLUTION: Any dispute arising out of, or concerning this agreement shall be referred to a sole Arbitrator to be appointed By mutual consent, either on its own or upon receipt of a request from a Customer or any third party or claimant, the seat of the Arbitrator shall be Pune, the Arbitrator shall give his award within 120 days from the date of first hearing The period may be extended by mutual consent of all parties concerned.
  • NOTICES: You consent to Mithi providing you notifications about the services or information the law requires us to provide via email to the address that you specified when you signed up for the services. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receiving notices electronically, you must stop using the services. You may notify Mithi as stated in customer support for the services.
  • CLAIMS: Claims must be filed within one year. Any claim related to this agreement or the services must be brought within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If not filed within that time, then it's permanently barred.
  • SURVIVAL: The Privacy section, and Payments section (for amounts incurred before the end of this agreement), and those that by their terms apply after it ends will survive any termination or cancellation of this agreement.
  • ASSIGNMENTS and TRANSFER: We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
  • CONTRACT INTERPRETATION: This is the entire agreement between you and Mithi for your use of the services. It supersedes any prior agreements between you and Mithi regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement’s section titles are for reference only and have no legal effect.
  • NO THIRD PARTY BENEFICIARIES: This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for Mithi’s successors and assigns.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.