Force Majeure

Force Majeure:

The user/customer and ESB shall not be liable for any failure to perform any of its obligations under this Agreement if the performance is prevented, hindered or delayed, by a Force Majeure Event (defined below) and in such case, its obligations shall be suspended for so long as the Force Majeure continues. Each party shall promptly inform the other of the existence of a Force Majeure and shall consult together to find a mutually accepted solution.

“Force Majeure Event” means any event due to any cause beyond the reasonable control of the user/customer, and ESB, including without limitation, unavailability of any communication system, breach, or virus in the processes or Payment and Delivery Mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking unauthorized access to computer data and storage devices, computer crashes, etc.