Common use of Notification of Faults Clause in Contracts

Notification of Faults. The Provider is liable as set out in 10.1 only to the extent that the solution for the fault has not been described on the Provider’s FAQ site and the Subscriber has notified the Provider within a reasonable time after discovering the fault and in the notification to Provider stated and/or demonstrated how the fault presents itself. Regardless of other provisions of this Agreement, in no event will either party be liable for incidental, indirect or consequential damages or for loss of use or data, lost profits, savings or revenues of any kind, even if such party has been advised of the possibility of such damages. In no event shall Provider's total aggregate liability under this Agreement exceed 15 % of the annual fee paid by Subscriber for the Service.