FORCE MAJEURE

Definition of Force Majeure

For the purposes of this Agreement, “Force Majeure” means an event which could not reasonably have been avoided by a diligent Party in the circumstances, which is beyond the reasonable control of a Party and which makes a Party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.

5.2 Negligence and intentional acts

Force Majeure shall not include any event which is caused by the negligence or intentional action of a Party or such Party’s subcontractors or agents or employees, or by a failure to observe good professional practice.

Financial constraints

Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

Performance excused

The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms of this Agreement.

Duty to mitigate

A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay. The Parties shall take all reasonable measures to minimize the consequence of any event of Force Majeure.

. Both Parties acknowledge that the Service is not fault free and the quality and availability of the Service may be affected by factors outside the control of Cetsy, such as local geographic or physical obstructions, atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which Cetsy is connected or dependent. The Service may also from time to time require upgrading, modification, maintenance or other works that may also result in the Service or any part thereof becoming temporarily unavailable. Cetsy however undertakes to act on such interferences promptly.

Notification

A Party affected by an event of Force Majeure shall notify the other party via emails of such event within 48 hours or as soon as is practically possible, but in any event not later than seven (7) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.