Common use of Disruption of Service Clause in Contracts

Disruption of Service. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of Service, directly or indirectly caused by, or proximately resulting from, any circumstance beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any television signal at the transmitter; failure of a communications satellite; failure of the data network; failure of the Internet, loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire; flood; lightning; earthquake; wind; ice; extreme weather condition; or other acts of God; failure or reduction of power; or any court order; law; act or order of government restricting or prohibiting the operation or delivery of Service. In all other cases of Service interruption, you shall be entitled upon request, provided it is made within thirty (30) days of such interruption, to a pro-rata credit for any Service Interruption exceeding twenty-four (24) consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such credit shall not exceed the fixed monthly charges for the month of such Service interruption. SUCH CREDIT SHALL BE YOUR SOLE REMEDY FOR AN INTERRUPTION OF SERVICE UNLESS SPECIFICALLY PROHIBITED BY LAW. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES.

Appears in 2 contracts

Sources: Terms and Conditions of Subscription, Service Agreement

Disruption of Service. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of Service, directly or indirectly caused by, or proximately resulting from, any circumstance beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any television signal at the transmitter; failure of a communications satellite; failure of the data network; failure of the Internet, loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire; flood; lightning; earthquake; wind; ice; extreme weather condition; or other acts of God; failure or reduction of power; or any court order; law; act or order of government restricting or prohibiting the operation or delivery of Service. In all other cases of Service interruption, you shall be entitled upon request, provided it is made within thirty (30) days of such interruption, to a pro-rata credit for any Service Interruption exceeding twenty-four (24) consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption. SUCH CREDIT CREDIT, UNLESS SPECIFICALLY PROVIDED BY LAW, SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE UNLESS SPECIFICALLY PROHIBITED BY LAWSERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDINGINCLUD- ING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES.

Appears in 2 contracts

Sources: Service Agreement, Service Agreement

Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption of the Services could lead to severe injury to business, persons, property or environment ("High Risk Activities"). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of Servicethe Services, directly or indirectly caused by, or proximately resulting from, any circumstance circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any television cable signal at the transmitter; failure of a communications satellite; failure of the data network; failure of the Internet, loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire; , flood; lightning; , lightening, earthquake; , wind; , ice; , extreme weather condition; conditions or other acts of God; failure or reduction of power; or any court order; , law; , act or order of government restricting or prohibiting the operation or delivery of Servicethe Services. In all other cases of Service interruptionan interruption of the Services, you shall be entitled upon request, provided it is a request made within thirty sixty (3060) days of such interruption, to a pro-pro rata credit for any Service Interruption interruption exceeding twenty-four (24) consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruptioninterruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE UNLESS SPECIFICALLY PROHIBITED BY LAWSERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. Any credits provided by JTL are at our sole discretion and in no event shall constitute or be construed as a course of conduct by JTL.

Appears in 2 contracts

Sources: Business Services Agreement, Terms of Use

Disruption of Service. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of Service, directly or indirectly caused by, or proximately resulting from, any circumstance beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any television signal at the transmitter; failure of a communications satellite; failure of the data network; failure of the Internet, loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire; flood; lightning; earthquake; wind; ice; extreme weather condition; or other acts of God; failure or reduction of power; or any court order; law; act or order of government restricting or prohibiting the operation or delivery of Service. In all other cases of Service interruption, you shall be entitled upon request, provided it is made within thirty (30) days of such interruption, to a pro-rata credit for any Service Interruption exceeding twenty-twenty- four (24) consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically otherwise provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption. SUCH CREDIT CREDIT, UNLESS SPECIFICALLY PROVIDED BY LAW, SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE UNLESS SPECIFICALLY PROHIBITED BY LAWSERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES.

Appears in 1 contract

Sources: Service Agreement

Disruption of Service. We ChargePoint shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of Servicethe Services, directly or indirectly caused by, or proximately resulting from, any circumstance circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any television signal at the transmitter; failure of a communications satelliteany services provided by the cellular carrier; failure of the data network; failure of the Internet, loss of use of poles or other utility facilitieschanges in reception at your property; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire; , flood; , lightning; , earthquake; , wind; , ice; , extreme weather condition; conditions, or other acts of God; failure or reduction of power; or any court order; , law; , act or order of government restricting or prohibiting the operation or delivery of Servicethe Services. In all other cases of Service interruptionan interruption of the Services directly caused by ChargePoint’s acts or omissions, you shall be entitled upon request, provided it is a request made within thirty sixty (3060) days of such interruption, to a pro-pro rata credit for any Service Interruption Services interruption exceeding twenty-four (24) consecutive hours two business days after such interruption is reported to us, or such other period of time as may be specifically provided by law. Such Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruptionServices interruption and excludes all nonrecurring charges (such as Session Fees charged by your Property) and other one- time charges, as well as any regulatory fees and surcharges, taxes and other governmental and quasi- governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE UNLESS SPECIFICALLY PROHIBITED BY LAWSERVICES. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGESAny credits provided by ChargePoint are at its sole discretion and in no event shall constitute or be construed as a course of conduct by ChargePoint.

Appears in 1 contract

Sources: Chargepoint Personal Charging Service Agreement