Limitation of Liability for Hosting and Support Services Sample Clauses

The Limitation of Liability for Hosting and Support Services clause restricts the amount and types of damages that a service provider can be held responsible for in connection with hosting and support services. Typically, this clause sets a maximum cap on financial liability, often tied to the fees paid under the contract, and may exclude certain types of damages such as indirect or consequential losses. Its core practical function is to protect the service provider from excessive financial exposure, ensuring that their risk is manageable and predictable while providing these services.
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Limitation of Liability for Hosting and Support Services. (a) in consideration of clause 30.3, in the event the Hosting and Support Services provided to the Customer are disrupted or malfunction for any reason, Smartcall’s liability shall be limited to damages which under no circumstances shall exceed the amount due and payable by the Customer to Smartcall for the Hosting and Support Services during the period of disruption or malfunction. (b) the Customer acknowledges that for Smartcall to carry out such Maintenance Services the Hosted Services will not be available during this time. To the best of its ability Smartcall will endeavour to: (i) keep any such down time to the absolute minimum necessary to carry out such maintenance; (ii) wherever reasonably possible to do so, schedule such down time for 3 Business Days prior written notice of any such down time. (c) without in any way limiting the effect of clause 10 or any other provision of these terms and conditions, Smartcall will make reasonable efforts to ensure that as part of the Hosting and Support Services nightly backups (“Backups”) occur which are stored for sixty (60) days and Smartcall, however where the Customer chooses not to accept the option of Backups executed by Smartcall then it shall be the Customer’s responsibility to activate regular Backups themselves. Smartcall will not be liable for any loss or damages where the Customer fails to execute the said Backups. (d) work required by Smartcall to recover information from any Backup will incur Smartcall’s then standard service fee for such work provided that no charge will be made where such recovery is required solely due to the direct fault of Smartcall.
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Limitation of Liability for Hosting and Support Services. (a) in consideration of clause 26.3, in the event the Hosting and Support Services provided to the Client are disrupted or malfunction for any reason, ITJEDI’s liability shall be limited to damages which under no circumstances shall exceed the amount due and payable by the Client to ITJEDI for the Hosting and Support Services during the period of disruption or malfunction. (b) the Client acknowledges that for ITJEDI to carry out such Maintenance Services the Hosted Services will not be available during this time. To the best of its ability ITJEDI will endeavour to: (i) keep any such down time to the absolute minimum necessary to carry out such maintenance; (ii) wherever reasonably possible to do so, schedule such down time for weekends; and (iii) wherever reasonably possible to do so, provide the Client with at least three (3) days prior written notice of any such down time. (c) without in any way limiting the effect of clause 7 or any other provision of these terms and conditions, ITJEDI will make reasonable efforts to ensure that as part of the Hosting and Support Services nightly backups (“Backups”) occur which are stored for sixty (60) days and ITJEDI, however where the Client chooses not to accept the option of Backups executed by ITJEDI then it shall be the Client’s responsibility to activate regular Backups themselves. ITJEDI will not be liable for any loss or damages where the Client fails to execute the said Backups. (d) work required by ITJEDI to recover information from any Backup will incur ITJEDI’s then standard service fee for such work provided that no charge will be made where such recovery is required solely due to the direct fault of ITJEDI.
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Related to Limitation of Liability for Hosting and Support Services

  • Limitation of Liability for Claims The Declaration, a copy of which, together with all amendments thereto, is on file in the Office of the Secretary of the Commonwealth of Massachusetts, provides that the name "Investors Fund Series" refers to the Trustees under the Declaration collectively as Trustees and not as individuals or personally, and that no shareholder of the Fund, or Trustee, officer, employee or agent of the Trust, shall be subject to claims against or obligations of the Trust or of the Fund to any extent whatsoever, but that the Trust estate only shall be liable. You are hereby expressly put on notice of the limitation of liability as set forth in the Declaration and you agree that the obligations assumed by the Trust on behalf of the Fund pursuant to this Agreement shall be limited in all cases to the Fund and its assets, and you shall not seek satisfaction of any such obligation from the shareholders or any shareholder of the Fund or any other series of the Trust, or from any Trustee, officer, employee or agent of the Trust. You understand that the rights and obligations of each Fund, or series, under the Declaration are separate and distinct from those of any and all other series.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Performance of Service; Limitation of Liability A. PFS shall exercise reasonable care in the performance of its duties under this Agreement. PFS shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with matters to which this Agreement relates, including losses resulting from mechanical breakdowns or the failure of communication or power supplies beyond PFS's control, except a loss arising out of or relating to PFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence, or willful misconduct on its part in the performance of its duties under this Agreement. Notwithstanding any other provision of this Agreement, if PFS has exercised reasonable care in the performance of its duties under this Agreement, the Trust shall indemnify and hold harmless PFS from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which PFS may sustain or incur or which may be asserted against PFS by any person arising out of any action taken or omitted to be taken by it in performing the services hereunder, except for any and all claims, demands, losses, expenses, and liabilities arising out of or relating to PFS's refusal or failure to comply with the terms of this Agreement or from bad faith, negligence or from willful misconduct on its part in performance of its duties under this Agreement, (i) in accordance with the foregoing standards, or (ii) in reliance upon any written or oral instruction provided to PFS by any duly authorized officer of the Trust, such duly authorized officer to be included in a list of authorized officers furnished to PFS and as amended from time to time in writing by resolution of the Board of Trustees of the Trust. PFS shall indemnify and hold the Trust harmless from and against any and all claims, demands, losses, expenses, and liabilities (whether with or without basis in fact or law) of any and every nature (including reasonable attorneys' fees) which the Trust may sustain or incur or which may be asserted against the Trust by any person arising out of any action taken or omitted to be taken by PFS as a result of PFS's refusal or failure to comply with the terms of this Agreement, its bad faith, negligence, or willful misconduct. In the event of a mechanical breakdown or failure of communication or power supplies beyond its control, PFS shall take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond PFS's control. PFS will make every reasonable effort to restore any lost or damaged data and correct any errors resulting from such a breakdown at the expense of PFS. PFS agrees that it shall, at all times, have reasonable contingency plans with appropriate parties, making reasonable provision for emergency use of electrical data processing equipment to the extent appropriate equipment is available. Representatives of the Trust shall be entitled to inspect PFS's premises and operating capabilities at any time during regular business hours of PFS, upon reasonable notice to PFS. B. In order that the indemnification provisions contained in this section shall apply, it is understood that if in any case the indemnitor may be asked to indemnify or hold the indemnitee harmless, the indemnitor shall be fully and promptly advised of all pertinent facts concerning the situation in question, and it is further understood that the indemnitee will use all reasonable care to notify the indemnitor promptly concerning any situation which presents or appears likely to present the probability of a claim for indemnification. The indemnitor shall have the option to defend the indemnitee against any claim which may be the subject of this indemnification. In the event that the indemnitor so elects, it will so notify the indemnitee and thereupon the indemnitor shall take over complete defense of the claim, and the indemnitee shall in such situation initiate no further legal or other expenses for which it shall seek indemnification under this section. The indemnitee shall in no case confess any claim or make any compromise in any case in which the indemnitor will be asked to indemnify the indemnitee except with the indemnitor's prior written consent. C. PFS is hereby expressly put on notice of the limitation of shareholder, Trustee, officer, employee or agent liability as set forth in the Declaration of Trust of the Trust and agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more Funds, the obligations hereunder shall be limited to the respective assets of such Fund. PFS further agrees that it shall not seek satisfaction of any such obligation from any shareholder of a Fund, nor from any Trustee, officer, employee or agent of the Trust.

  • EXCLUSION OF LIABILITY All statements made in the Proclamation of Sale and Conditions of Sale or otherwise relating to the Property are made without responsibility on the part of the Assignee/Bank, the Solicitors and Auctioneers or either of them. No such statement may be relied upon as a statement or representation of fact. All bidders must satisfy themselves by inspection or otherwise as to the correctness of any such statements and neither the Assignee/Bank, the Solicitors, the Auctioneer nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to the Property.

  • 3Limitation of Liability ICANN’s aggregate monetary liability for violations of this Agreement will not exceed an amount equal to the Registry-Level Fees paid by Registry Operator to ICANN within the preceding twelve-month period pursuant to this Agreement (excluding the Variable Registry-Level Fee set forth in Section 6.3, if any). Registry Operator’s aggregate monetary liability to ICANN for breaches of this Agreement will be limited to an amount equal to the fees paid to ICANN during the preceding twelve-month period (excluding the Variable Registry-Level Fee set forth in Section 6.3, if any), and punitive and exemplary damages, if any, awarded in accordance with Section 5.2, except with respect to Registry Operator’s indemnification obligations pursuant to Section 7.1 and Section 7.2. In no event shall either party be liable for special, punitive, exemplary or consequential damages arising out of or in connection with this Agreement or the performance or nonperformance of obligations undertaken in this Agreement, except as provided in Section 5.2. Except as otherwise provided in this Agreement, neither party makes any warranty, express or implied, with respect to the services rendered by itself, its servants or agents, or the results obtained from their work, including, without limitation, any implied warranty of merchantability, non-infringement or fitness for a particular purpose.