Subscription Agreement Governing Law

1.6 Accommodation service level. The customer recognizes and accepts that the hosting services provided under this agreement are assigned to Google Cloud by the provider and provided by Google Cloud. The service levels applicable to this agreement are therefore the levels of service offered by Google Cloud and available electronically at: cloud.google.com/terms/sla/ (the “SLA”). All credits are defined and applied as provided for in the ALS. Notwithstanding other provisions of this agreement, the supplier removes from the customer all the benefits and rights provided by the agreement under which the provider has signed a contract with Google Cloud to provide hosting services to the provider. The supplier ensures and guarantees that the supplier has obtained prior written approval from Google Cloud for the early sale. This section describes the customer`s only and exclusive remedy for non-compliance with service levels. “API Services and Licensing Agreement” refers to the agreement that governs the provision of BetterCloud API services and is located in www.bettercloud.com/api-agreement. 6.4 Suspension of service and acceleration. If an amount owed under this agreement or another is due for our services, thirty (30) days or more is in arre between (or ten (10) days or more in case of money you have authorized us to charge from your credit card), without restricting our other rights and remedies, we can expedite your outstanding fee obligations arising from such agreements, so that all of these obligations become immediately due and payable, and suspend our services until these amounts are fully paid. In accordance with Section 13.1 (Manner of Giving Notice), we will give you at least 10 days` notice in advance before suspending services in accordance with the above. The terms and conditions of this Agreement govern the Services, including all trial periods provided by the Seller as part of an order form submitted by the Customer and accepted by the Seller, as if the provisions of this Agreement were set in their entirety in this order form, and that each order form and agreement be considered a fully integrated document and agreement and will succeed all proposals, assurances or agreements between the parties.

If a clause in an order form conflicts with a clause in this agreement, the provisions of this agreement are given priority, unless the order form expressly states that the term is a priority in the order form. The term “seller” refers to all third parties who provide services provided by third parties and are identified in an applicable purchase order. 9.2 Customer compensation. The customer releases the seller, his licensees and related companies, senior executives, directors, employees and representatives of all third-party claims, means, fees, losses, losses, commitments and expenses (including fees and legal fees) collected directly or indirectly against the seller resulting from or in connection with: (i) the customer`s products or services; (ii) the use of the seller`s products by the customer in violation of the terms of this agreement or in a manner not prescribed by the seller; or (iii) violation by the customer of the customer`s insurance and guarantees in this contract.

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