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Jaymay Enterprises

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Project: Web Based Data Automation /Financial Data Capital Markets
Services: Windows or Linux support charged on ticket basis. Min 200 per issue pay only once issue is fixed

Limitation of Liability, Data Loss, & Indemnity Agreement

By engaging JAYMAY ENTERPRISES (the "Service Provider") for any IT support, project development, troubleshooting, deployment, or related technical activities, the Client expressly agrees to the following allocation of risk and liability:

1. Complete Client Responsibility: The Client acknowledges that IT projects, system modifications, troubleshooting, and deployments involve inherent risks. The Client assumes sole and absolute responsibility for all risks associated with the services, including system downtime, software conflicts, data corruption, or total data loss.
2. Mandatory Data Backup & Safeguards: The Client warrants that it has performed complete, independent, and verified backups of all data, environments, source code, and configurations prior to the commencement of any work by the Service Provider. The Service Provider shall not be responsible for verifying, maintaining, or restoring Client backups.
3. Total Exclusion of Financial Liability: To the maximum extent permitted by applicable law, the Service Provider, its directors, employees, and sub-contractors shall not be liable to the Client for any losses, whether direct, indirect, incidental, special, exemplary, or consequential. This absolute exclusion covers, without limitation:
* Monetary losses, revenue shortfalls, lost profits, or commercial damages.
* Loss of business opportunities, reputational harm, or business interruption.
* Data breach, data loss, or corruption penalties imposed by third parties.
4.Client Indemnification: The Client agrees to indemnify, defend, and hold harmless the Service Provider from and against any claims, losses, liabilities, costs, or damages (including legal fees) arising out of third-party claims related to the project, data loss, or service disruptions.
5.Governing Law & Jurisdiction: This Agreement, and all claims arising out of or relating to it, shall be governed by and construed in accordance with the laws of India. Any legal suit, action, or proceeding arising out of these services shall be instituted exclusively in the courts of Mumbai, India.