Common use of Exclusions from Services Clause in Contracts

Exclusions from Services. 11.1 The Services shall not include support resulting from the following: 11.1.1 damage resulting from accident, or misuse on the part of the Customer, its employees or any third party; 11.1.2 the Customer’s failure to operate/use the Equipment/Software in accordance with relevant user instructions; 11.1.3 damage resulting from failure or fluctuation of power supply, air conditioning or humidity controls; 11.1.4 damage resulting from the attachment of equipment or software which do not form part of the Equipment, Software or Services supplied by projectfive; 11.1.5 fire, flood, war, earthquake, act of vandalism, or other similar occurrence; 11.1.6 addition, modification or adjustment to the Equipment or Software by any party other than projectfive. 11.2 The Services shall not include: 11.2.1 support for items supplied by a third party prior to the Effective Date unless projectfive have expressly agreed to take on responsibility; or 11.2.2 any services not expressly included in the description of the relevant Services as referred to in the Order. 11.3 projectfive may agree to provide services to the Customer as a result of circumstances referred to in clauses 11.1 and/or 11.2 in line with its current hourly rates as set out in an Order or as a variation to an Order. 11.4 projectfive reserves the right to refuse to provide Services in respect of any item of Equipment, which, in its reasonable opinion, is deemed to be beyond economic repair.

Exclusions from Services. 11.1 The Services shall not include support resulting from the following: 11.1.1 damage resulting from accident, or misuse on the part of the Customer, its employees or any third party; 11.1.2 the Customer’s failure to operate/use the Equipment/Software in accordance with relevant user instructions; 11.1.3 damage resulting from failure or fluctuation of power supply, air conditioning or humidity controls; 11.1.4 damage resulting from the attachment of equipment or software which do not form part of the Equipment, Software or Services supplied by projectfiveFluidOne; 11.1.5 fire, flood, war, earthquake, act of vandalism, or other similar occurrence; 11.1.6 addition, modification or adjustment to the Equipment or Software by any party other than projectfiveFluidOne. 11.2 The Services shall not include: 11.2.1 support for items supplied by a third party prior to the Effective Date unless projectfive FluidOne have expressly agreed to take on responsibility; or 11.2.2 any services not expressly included in the description of the relevant Services as referred to in the Order. 11.3 projectfive FluidOne may agree to provide services to the Customer as a result of circumstances referred to in clauses 11.1 and/or 11.2 in line with its current hourly rates as set out in an Order or as a variation to an Order. 11.4 projectfive FluidOne reserves the right to refuse to provide Services in respect of any item of Equipment, which, in its reasonable opinion, is deemed to be beyond economic repair.