Terms of Service This SERVICES AGREEMENT (“Agreement”) contains the terms and conditions which governs the relationship between Raya Data Center (the “Provider”) and You or the entity you represent (hereinafter the “Customer”) with respect to Customer’s rights of access to the hosted data center and selected other IT services, the scope of which is further described herein. Provider and Customer may each be referred to herein as a “Party” or collectively as the “Parties”. Scope of Services/Initial Term General Scope. Subject to Customer’s payment of all applicable fees, Provider agrees to provide to Customer, and Customer agrees to receive from Provider, the hosted ‘cloud’ Services subject to the terms and conditions herein. Initial and Renewal Term. The initial term of this Agreement commences on the date indicated in the applicable Order Form. Subject to Customer’s payment of the renewal and other fees, this Agreement shall renew for successive period as expressly set forth in the applicable Order Form, subject to Provider’s termination rights set forth herein. The initial term and any renewal terms may collectively be referred to herein as the “Term”. End User License Agreement. Customer hereby agrees to and accepts the terms of the End User License Agreement and Terms of Use (“EULA”), which governs the Customer’s use of the Provider’s, Sites and Portals (“the Provider’s, Sites and Portals”), through which the Services may be accessed. Acceptance of Terms & Use by Customer Affiliates The terms and conditions of this Agreement shall extend to each Customer approved franchisee, licensee, subcontractor or affiliated entity (“Customer Affiliates”) that Customer desires to have rights to access, use or receive the Services. Each Customer Affiliate that desires to use the Services will follow the same terms and conditions. Payment Terms Taxes. All orders are subject to any applicable government taxes, tariffs, duties, shipping and handling charges, and any fees or charges imposed or assessed by reason of this Agreement shall be paid by Customer. Third Party Charges. Customer is responsible for any third party charges including, but not limited to, telephone, cell phone, or internet charges or similar or associated charges in connection with Customer’s access and use of the Services. Suspension Right Provider may Suspend the provisioned service upon the occurrence of any of the following: Customer’s failure to make timely payment of any applicable fees provided that Customer will have (5) days period to cure a payment default.