Common use of Responsibility of OVH Clause in Contracts

Responsibility of OVH. In cases where the applicable Special Terms of Service include commitments from OVH to particular levels of service, the corresponding payments or credits which may be due by OVH to the Client shall constitute the Client's sole and exclusive remedy for OVH’s failure to comply with the level of service committed to in the relevant Special Terms of Service and OVH's entire liability for failing to meet the relevant level of service. In the absence of an applicable commitment to a given level of service under no circumstances shall the total aggregate liability of OVH to the Client (however arising) under or in relation to this Contract, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or otherwise, exceed the total amount of sums paid by the Client to OVH for the impacted Services over the course of the [six (6) months prior to the Client’s claim for compensation]..