Welcome to the marketplace platform of EdgeUno Inc. (hereinafter, EdgeUno, we or our), your ally in Edge, Cloud, and Connectivity on the fastest network in Latin America. These Terms of Service (TOS) are the contract between EdgeUno and the individual or entity to whom we have assigned an internal Customer ID (hereinafter referred to as Customer, you or your), and govern the services described on our website (Services).
These TOS include: our Terms and Conditions of use of the Website, Personal Data Retention and Deletion Policy, Code of Ethics, Privacy Policy, Copyright Policy, Cookies Policy, Intellectual Property Rights Policy and Anti-Corruption Policy listed and available at the link https://edgeuno.com/legal-resources/. It is very important that you read these policies in their entirety and acknowledge their content. By requesting a service from EdgeUno, you agree to be bound by its terms. The effective date of this TOS is the date we assign you a Customer ID through service activation (Effective Date).
EdgeUno reserves the right to modify these TOS in accordance with market and business developments, for which we will send you a written notice to the email address you have provided to us, and we will publish the notice on our website. Unless a modification is necessary to respond to an emergency, we will provide you with thirty days' (30) notice of any modification. If a reasonable businessperson believes that our modification materially alters the benefit of the agreement set forth in these TOS, he or she may terminate these TOS before the thirty-day (30) notice period expires. After that time, you will be deemed to have accepted and agreed to the changes.
It is the Customer's obligation to ensure that the Services are used in accordance with the referred policies. Customer is encouraged to include no less restrictive policies in its contracts with its customers, or those who use the Services we provide through you (collectively, "End Users").
1. Services
1.1. The following provisions apply to all Services:
1.1.1. Descriptions of the features and limitations of the products and services we offer are set out on our website. We agree to provide you with the Services, as described on our website, from the Effective Date, during the Term for which you have contracted. If these features change after the Effective Date, we are not required to modify your Services to reflect these changes. If we do so and you agree to purchase them, the Fee might be subject to change. We may make changes to these Services if a supplier has unavailable components, thus their cost varying according to the particularities of the market.
1.1.2. We offer you two ways to purchase our Services: (i) through our website; or (ii) opening a ticket to purchase additional Services (Order Process) to sales@edgeuno.com. When you place an order for the Services, using any of these methods you agree to purchase the selected Services during the Term under this Agreement.
1.1.3. We reserve the right to decline the acceptance of a Service request in the event that it is deemed necessary to allocate our internal resources for other operational requirements. Should operational needs require the limitation or provision of Services among customers, owing to a scarcity of facilities, resources, or circumstances beyond our control, we shall have the prerogative to undertake such actions without contravening the terms stipulated in these Terms of Service (TOS).
1.1.4. Unless expressly stated during the Order Process, the Services may be provided from any of our locations. You will not have any ownership rights in the tools or components of the Services. You will only have the right to use the Services.
1.1.5. The person or entity designated at the time of registration is the only entity authorized to access the Services. It is your responsibility to protect passwords and other access methods used to access the Services. If you manage an account on behalf of another party, you warrant that you will manage that account in good faith and you will indemnify us against all losses and/or liabilities incurred by us if you manage the account in an adverse manner to your client that results in a claim against us.
1.1.6. If you resell the Service or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity that may cause you to breach these TOS. Your End Users are not third-party beneficiaries of this TOS and you agree to indemnify us for any claims (of any nature) against us, by your End Users. EdgeUno has no obligation to provide support to End Users. If we stop providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
1.1.7. We agree to use commercially reasonable efforts to provide Customer with the Services in accordance with these TOS and all agreements incorporated by reference.
1.1.8. Customer must provide EdgeUno with all information, access and good faith cooperation, including, if necessary, with its third-party suppliers, that may be reasonably necessary to enable EdgeUno to provide the Services. It is the Customer's obligation to keep this information updated. We have no responsibility if communications are delayed or not delivered due to your failure to keep this information up to date. You agree that we may provide you with information that may adversely affect you via email. Please make sure the email address you provide to us is set so that our information will not be rejected or marked as SPAM.
1.1.9. All software, hardware and some systems have a defined support life (End of Life). Customer may only use software, hardware and systems that are currently supported by their owners, including those that EdgeUno may have initially provided along with the Services (for example, an operating system on a purchased server). When these items reach the end of their useful life, it is your responsibility to upgrade them to a supported version. EdgeUno has no responsibility to back up End-of-Life items.
1.1.10. We will provide you (at no cost), with a primary IP address by default, which is subject to change at any time. EdgeUno will maintain and control ownership of all numbers and IP addresses that we may assign to you and we reserve, in our sole discretion, the right to change or remove any and all such numbers and IP addresses; provided, however, that (i) we will provide you with at least thirty (30) days' prior written notice of such change or deletion; and (ii) you agree to provide EdgeUno with all assistance reasonably requested in making such change or deletion. LACNIC (The Latin American and Caribbean Internet Address Registry) requires EdgeUno to document on a "whois" server which entity is using the IP space. If you are assigned a static IP address, you agree that EdgeUno will include your name, company name if a company, postal address, email address, IP address, and telephone number in such "whois" server.
1.1.11. It is your obligation to back up your data. If the Services include support services, these are provided in addition to your own support efforts. Because no backup method is fail-safe, we make no guarantees regarding the thoroughness of our backup solution. If your data is restored from a backup, it will be restored the way we stored it. This may not include formatting and other elements necessary to make the restored data available on the Internet or in the form originally transmitted to us. We are not required to restore data in that format.
1.2. The following provisions apply to Shared, Dedicated VPS, Cloud Apps, VPC and Baremetal Services:
1.2.1. You have the right to use the Services covered by this paragraph 1.2 to connect to our network, 24 hours a day, 7 days a week, limited by these TOS. You will not have physical access to the equipment used to provide the Services.
1.2.2. The Services covered by this paragraph 1.2 are provided to you on a standard basis. They are not customized for use. In some cases, they may have the manufacturer's default settings. This means that some aspects of your website, or the use of them, may not work without additional configuration on your part. You have the final responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your site and any other elements you consider necessary to use the Services must be compatible with them. Unless stated during the Order Process, we are not obligated to modify the Services to suit your use.
1.2.2.1 About VPS, Cloud Apps, VPC products. At EdgeUno, our VPS, Cloud Apps and VPC services are designed to offer flexible and scalable solutions that adapt to the needs of each client. These products operate on virtual machine platforms, allowing users to enjoy independent and personalized management of their cloud resources. By opting for our VPS, Cloud Apps or VPC services, customers gain full control over the configuration and management of their virtual environments, thus ensuring optimal adaptability and efficiency for their online projects and applications. At EdgeUno, we are committed to providing a highly available and performing infrastructure. However, it is the customer's responsibility to manage and maintain their virtual environment according to their specific needs.
1.2.2.2 About the Baremetal product. EdgeUno's Baremetal service offers the Customer exclusive and unrestricted access to physical servers, allowing them to use and manage these resources according to their specific needs. This level of direct access guarantees superior performance and complete customization, ideal for those projects that require complete control over the hardware environment. However, it is important to note that, in the event of hardware problems, EdgeUno is not obliged to carry out repairs within a period of less than seventy-two (72) hours. Furthermore, in the event of a catastrophic server failure that is irreparable and in situations where we do not have spare parts, EdgeUno reserves the right to cancel the service. This policy ensures that our customers are aware of hardware support limitations and the measures we may take in exceptional circumstances to maintain the quality and viability of our services.
1.2.3. You will ensure that neither you nor any of your End Users overuse our network by agreeing to the following:
1.2.3.1. A "Fair Usage" policy will be applied to maintain stable data traffic on the Shared Hosting Services. For Shared Hosting Services, this means that if your use of the Shared Hosting Services regularly generates more traffic than is typical for customers in similar situations, we may require that you modify your use of the Shared Hosting Services so that it no longer exceed this standard. If you do not modify your use, we reserve the right to terminate these TOS and apply an early termination fee. The Shared Hosting Services may not be used for instant messaging, chat rooms or similar activities, or for software distribution.
1.2.3.2. Dedicated Hosting Services and Virtual Private Server Services (VPS Services) have a set bandwidth allocation applicable to each Service, as established during the Order Process. If in any calendar month you receive more bandwidth or disk space usage than that base allotment, we will charge you your standard average rate.
1.2.3.3. A "Fair Use" policy will also apply to data traffic on the VPS Services. For VPS Services, this means that if your use of the Web Hosting Services regularly generates more traffic than is typical for customers in similar situations, we may require you to modify your use of the VPS Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate your use of the VPS Services and charge an early termination fee.
1.2.3.4. Our VPS Services allow you to connect to our network using a portion of a partitioned server in a way that allows you to have virtual control over all functions and aspects of that server, in addition to certain pre-established features. Although it will appear that you are the only entity using the server, some resources will be shared. You will not take any action to limit the use of the equipment by our other customers or other entities generally. You will not alter or attempt to alter the mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that our implementation of certain aspects of the VPS Services designed to facilitate use by multiple parties may affect your use and management of the equipment. You may not terminate these TOS based on our implementation of these features.
1.2.3.5. For Dedicated Services, your site will be the only one that works with our equipment. This equipment is rented to you and not sold to you. You will have no ownership rights in this equipment.
1.2.3.6. Unused bandwidth cannot and will not be carried over from month to month.
1.2.3.7. Upon termination or expiration of the Services, we shall have the right to immediately block your access to the Services and delete all data located on our equipment. It is your responsibility to download or secure possession of the data before the termination date. If we terminate the Services without prior notice to you, we agree to retain the data for a period of fourteen (14) days to allow you to download it or otherwise secure its possession. If after this period you do not collect it, we may delete it.
2. Payments
2.1. Fees for individual Services are set forth on the page describing the Service (Fees). We will begin charging you for those Fees on the Effective Date of that Service. Certain Fees are based on the rate of use of the Services. These will be calculated as set out on the website describing the Fees. Other than usage-based Fees, all Fees are billed in advance. Special promotions applied to Rates are not repeated, nor will promotions offered to other customers necessarily be offered to you. Installation fees are non-refundable.
2.2. EdgeUno uses third-party Payment Processors to bill through the payment account(s) linked to your Account. Payment processing is subject to the terms, conditions and policies of the Payment Processors, in addition to these Terms of Service (TOS). EdgeUno is not responsible for the acts or omissions of Payment Processors. By accepting these TOS, you agree to pay EdgeUno, through the Payment Processors or as otherwise agreed, all amounts for the Services selected or used at the applicable prices in accordance with our pricing and billing policies, and You hereby authorize us and the applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method specified in or linked to your Account. EdgeUno reserves the right to modify the Payment Processors at any time, for which the Customer accepts the update of the Payment Method.
2.3 EdgeUno will not make refunds, except in the following cases: a) when the Customer exercises his or her right of withdrawal, such as the Customer's right to cancel the newly purchased service within twenty-four (24) hours of purchasing the service, as long as when you have not made use of it; b) when the Customer presents a fault that prevents him from using the services, as long as he demonstrates the existence of the fault through evidence or is detected by EdgeUno in its confirmation process. In cases where a refund is applied, the customer must duly notify EdgeUno by email, at support@edgeuno.com or ar@edgeuno.com EdgeUno will simply refund the corresponding payment, excluding any costs associated with the use of the payment methods offered by the Payment Processors.
2.4. Rates do not include taxes. Any taxes imposed by a government entity on the Services will be added to the Fees unless you provide EdgeUno with a valid tax exemption certificate.
2.5. The due date for the Fees is set out on the web page describing the particular Services (Due Date).
2.6. If you provide us with a credit card to pay the Fees, we will attempt to charge your card before the Due Date for which the credit card will be automatically debited in accordance with the Payment Processor's policy. It is your obligation to ensure that your credit card can be charged. We have no responsibility to provide the Services or retain data if your credit card is declined for any reason.
2.7. EdgeUno will immediately suspend the service after receiving notification of non-payment of the invoice and/or contracted Service. The Customer is subject to a reconnection fee associated with the activation of the service, without being exempt from charging interest to the maximum amount permitted by law. If EdgeUno undertakes collection efforts, you agree to pay all of our expenses, including, but not limited to, reasonable attorneys' fees.
2.8. If you dispute any Fee, you agree to provide EdgeUno with written notice and evidence supporting your arguments prior to the Due Date. EdgeUno will review your dispute in good faith and respond within thirty (30) days of receiving notice of the dispute. If you do not agree with our response, we both agree to negotiate in good faith for an additional thirty (30) days. If after this period the dispute is not resolved, then we may both continue the matter in accordance with the terms of paragraph 7. In consideration for providing you with a fee dispute resolution provision, you agree to pay all fees that are not resolved, are in dispute and only use this procedure for good faith invoice disputes.
2.9. If you terminate a Service in any manner other than as set forth in these TOS, or fail to cure a material breach, then you agree to pay, within five (5) days of notice of termination, all Fees that would have been paid to us if the early termination did not occur (early termination fee). You accept the early termination fee as consideration to EdgeUno for lost business opportunities associated with limited network resources and agree that this is a material inducement for EdgeUno to accept these TOS.
2.10. If the Service Order includes a third party service, EdgeUno cannot guarantee that the rate charged by this provider will remain the same during the Term. If the provider changes their rate, this increase will be passed on to you.
2.11 In the event that additional excess capacity is provided to Customer intentionally or accidentally, and Customer uses this capacity, Customer agrees to be billed and paid for the capacity described herein if Customer does not document any objection within ninety initial days.
3. Annual price adjustment.
In the event that the service contracted by the Customer remains active for a continuous period of twelve (12) months, EdgeUno will automatically apply a rate adjustment in accordance with the annual CPI-U index in force on the implementation date. In any case, this adjustment will not be less than 5% of the monthly rate. Said automatic update will come into effect from the first day following completion of the first twelve (12) months of service and will be carried out periodically every twelve (12) months thereafter.
4. Termination and Suspension
4.1. Either party may terminate a particular Service by notifying the other in writing prior to the start of the next billing cycle, for which we must receive your cancellation request in writing. If your cancellation notice is not received within this time frame, you will be responsible for the previous month's payment and you hereby agree to complete payment as billed accordingly. In order for you to effectively terminate this Agreement, you must complete the cancellation form on the web portal before the next stated billing cycle. No other forms of termination will be accepted as termination of these TOS. Additionally, either party may terminate a particular Service if the other party breaches a material term of the TOS and such breach is not cured within thirty (30) days of the non-breaching party providing written notice to the breaching party, or immediately if the breach is incapable of cure. Either party may also terminate these TOS, or an individual Service, if the other party becomes the subject of any type of bankruptcy or insolvency.
4.2. EdgeUno may suspend the Services if you fail to pay the Fees by the Due Date, if you use end-of-life software, hardware or systems on or in conjunction with the Services, or if you fail to cure a violation of our security policies within of the time period set forth in the notice, which the parties agree is a material breach for which EdgeUno's original notice was your opportunity to cure. In the latter case, Fees will continue to accrue until the violation is corrected.
4.3. The confidentiality of information provisions will survive the termination of these TOS.
5. Confidentiality
5.1 Beginning on the effective date and continuing for a period of three (3) years after the expiration or other termination of this TOS, each party shall protect as confidential and will not disclose to any third party any confidential information received from the disclosing party or discovered from another mode by the receiving party during the validity of this TS.
5.2 For purposes of this Agreement, "Confidential Information" means all information and/or documents relating to a party's business, shareholders, partnerships and affiliates disclosed to the other party, the other party's employees, its affiliates or third parties engaged by the party itself, its employees, affiliates or third parties contracted orally or in writing, including, without limitation, the prices and terms of this TOS or any Order, customer information, costs, profits, sales, services, products, product development, payment information, information account information, banking information, any other financial information, personnel, work and service information, prices, salary policy and levels, methods of operation, technology, ideas, inventions, know-how, trademarks, logos, patents, software, codes resources, intellectual and industrial property rights, confidential commercial information, technical processes, formulas, plans, designs, licenses and permits, drawings, arrangements, models, projections, any written or verbal information and/or document regarding business plans are within the indicated information.
5.3 Each party agrees and undertakes to (i) maintain the confidential information of the other party carefully, as well as its own confidential information; (ii) maintain the confidentiality of the information that has been disclosed to you; (iii) not disclose Confidential Information to any third party under any conditions that exclude the conditions explicitly permitted by this agreement; (iv) will use the information solely for the purposes of the business relationship and will not directly or indirectly use the related information for any purpose that is not related to the business relationship of the parties; (v) return or destroy within a reasonable time, at the discretion and request of the Disclosing Party, confidential information disclosed during the term of this Agreement.
5.4 However, Confidential Information shall not include information that the receiving party can demonstrate, through substantial and documented evidence, (i) is now or later will be available in the public domain through no fault or default of the Recipient; (ii) was rightfully in the Recipient's possession prior to the disclosure of the Confidential Information; (iii) was lawfully obtained from a third party, who has the right to transfer or disclose it, without breach or breach of an obligation of confidentiality or non-disclosure; (iv) if such information is developed by the receiving party independently of any disclosure of such information by the disclosing party and without any use of the disclosing party's Confidential Information, as evidenced by written records created at the time of such independent development.
5.5 Neither party will use or disclose Confidential Information of the disclosing party without its prior written consent, except where: (i) disclosure is required by applicable law or regulation (including securities laws with respect to public disclosure of information commercial) or by order of a court or other governmental body having jurisdiction after taking steps to maintain its confidentiality where possible; (ii) is reasonably necessary to be disclosed to that party's or its Affiliates' employees, officers, directors, attorneys, accountants and other advisors; or (iii) it is necessary for a party to exercise its rights and perform its obligations under this Agreement. In any case, the disclosing party will ensure that the disclosure is no wider than necessary, and that the recipient agrees, prior to receipt, to keep the information confidential to the same extent as in this Agreement (except that it is not necessary to obtain such agreement for disclosures to a court, regulator or arbitrator).
5.6 The parties agree that technical information related to the services under these TOS and that is intended for the direct or indirect benefit of the Customer may be disclosed to EdgeUno Agents and Providers to ensure the correct provision of services, operation, maintenance and eventual required updates for the client.
6. Limitation of liability
6.1 Each Party represents and warrants to the other that: (i) it has full right and authority to enter into the Agreement and that by entering into the Agreement, it is not in violation of its articles of incorporation or bylaws, or any law, regulation or agreement by which you are bound or to which you are subject; (ii) complies with all applicable labor laws; (iii) its execution, delivery and compliance with the Agreement has been duly authorized by the Shareholders and/or Board of Directors, as the case may be; (iv) that the persons signing the Agreement on your behalf are authorized to do so; (v) is a business entity duly organized, validly existing and in good standing under the laws of its jurisdiction of organization or incorporation; and (vl) there are no actions, suits or proceedings pending or threatened against him before any court or administrative agency that could materially prejudice his performance under the Agreement.
6.2 EXCEPT AS PROVIDED IN THE SLA AND THE OTHER CLAUSES OF THIS TOS, EDGEUNO MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY SERVICE PROVIDED HEREIN. CUSTOMER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND PERFORMANCE OR INTEROPERABILITY OF THE SERVICE WITH ANY CUSTOMER OR US-PROVIDED EQUIPMENT. FINAL USER.
6.3 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT DAMAGES, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS, LOSS OF USE OR LOSS OF BUSINESS, OR GOODWILL, WHICH ARISING IN CONNECTION WITH THESE TOS OR THE PROVISION OF THE SERVICES BY EDGEUNO (INCLUDING, BUT NOT LIMITED TO: (I) ANY DELAY OR FAILURE IN THE IMPLEMENTATION OF THE SERVICE; OR (II) LOST, DELAYED OR ALTERED MESSAGES OR TRANSMISSIONS, BASED ON ANY THEORY, CAUSE OF ACTION OR CLAIM, INCLUDING TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 EDGEUNO'S TOTAL LIABILITY TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, INCLUDING ATTORNEY'S FEES, WILL BE LIMITED TO THE LESSER OF DIRECT DAMAGES OR TWELVE MONTHS' VALUE OF FEES PAID BY CUSTOMER TO EDGEUNO FOR THE AFFECTED SERVICES, ALWAYS AND WHEN SUCH LIMITATION DOES NOT GO AGAINST WHAT IS RESOLVED BY THE COMPETENT AUTHORITY. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER DAMAGES. CUSTOMER ACKNOWLEDGES AND AGREES THE REASONABILITY OF THE ABOVE DISCLAIMER AND LIMITATIONS OF LIABILITY. NEITHER PARTY MAY ASSERT ANY LEGAL LIABILITY AGAINST THE OTHER PARTY UNDER ANY THEORY WHICH ACCRUES MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A LEGAL PROCEEDING FOR SUCH CAUSE OF ACTION.
7. General provisions
For purposes of this Section 7, all references to EdgeUno and Customer include their respective officers, directors, shareholders, members, managers and employees, Affiliates, End Users, agents, lessors and service providers to EdgeUno.
7.1. If EdgeUno or you are unable to perform our respective obligations due to circumstances beyond our reasonable control (Force Majeure Event or Acts of God), performance will be excused for the period these circumstances persist, subject to us taking steps to remedy those circumstances. The following circumstances are outside the scope of a Force Majeure Event: lack or unavailability of funds. If EdgeUno is unable to provide the Services for a period of thirty (30) days or more, despite attempts to remedy the Force Majeure Event, you may cancel the affected Services without the application of the Early Termination Fee.
7.2. From time to time we may receive court orders and subpoenas from law enforcement entities to obtain information you provide to us (Law Enforcement Request). Unless the Law Enforcement Request prohibits or requests that it not be disclosed, we will inform you of our intention to disclose your information.
7.3. These TOS are the final and complete expression of our agreement and supersede all prior oral and written communications between the parties regarding its subject matter.
7.4. These TOS and all agreements incorporated by reference shall be governed by the laws of the State of Florida without regard to its choice of law or conflict of law principles. All disputes between you and EdgeUno of any nature shall be brought in and venue in the federal and state courts located in Miami, Florida. Neither party will challenge the notice of said court. EACH OF THE PARTIES WAIVES TRIAL BY JURY IN ANY DISPUTE.
7.5. These TOS and the Addendums may not be modified except with the written consent of an authorized officer of EdgeUno and Customer.
7.6. No failure to exercise, nor delay in the exercise of, any right, resource or power will constitute a waiver thereof.
7.7. These TOS, and all agreements incorporated by reference, will be binding on the parties and their successors and assigns. Either party may assign these TOS and all agreements incorporated by reference, except in the following circumstances: to a competitor of the other; or to an entity that does not have assets and/or operations.
7.8. If any provision of these TOS, or an agreement incorporated by reference, is held to be unlawful or unenforceable, that provision will be deemed restated so that it is legal, enforceable and reflects the intent of the parties, and this TOS or other agreement will survive. In no case will such verification cause the contract to be null and void or unenforceable.
7.9. All notices will be in writing and will be effective from: (i) the date of receipt of service; or (ii) five business days after recorded shipment. Notices to EdgeUno will be sent to the address on Customer's record.
7.10. If there is a conflict between the contracts between the parties, they will have the following descending order of precedence: Terms and conditions of Use, Privacy Policy, SLA and then TS.
7.11. No person or entity, other than you and us and our respective successors and assigns, will have the right to bring any action to enforce any provision of these TOS or agreements incorporated by reference, against any of us. For the purposes of this agreement, we will both be considered independent contractors and cannot make any representations, claims or warranties on behalf of the other.
8. SLA (Service Credits)
EdgeUno may offer Service credits related to installation and availability intervals in accordance with the document displayed in the "Customer Portal". The Customer will have access to this Portal once their service is activated. These credits are Customer's sole and exclusive remedy for all claims related to the interruption, suspension, failure, defect or deterioration of the Service. To qualify for a Service credit, the customer must have no overdue invoices and must notify EdgeUno that a service failure ticket must be opened promptly to document the event. Request for Service Level Credits must be made within thirty (30) days of the event. If EdgeUno specifies in an applicable Order that the Service will be provided through a third party provider, and if there is a delay in the installation or interruption of such service obtained from such third party provider, Customer will be entitled to remedies for such delay or interruption of the service only to the extent of the service credit to which EdgeUno is entitled under your agreement with such third party provider.