Common use of Service Performance Clause in Contracts

Service Performance. 5.1. In performing its obligations under this Agreement, HUGE shall at all times exercise the reasonable skill and care of a competent provider of Internet related services. 5.2. HUGE shall use reasonable endeavours to ensure that each Service will conform to any service descriptions and/or service levels as set out, or referred to, in the applicable CustomerOrderand/oranyapplicableancillaryservicelevel agreement. 5.3. Except as expressly set out in this Master Services Agreement, all warranties, representations or agreements, with respect to the provision of a Service or otherwise, whether oral or in writing and whether express or implied, either by operation of law, statute or otherwise, are excluded to the extent permitted by law. The Customer’s attention is drawn to the limitation of risk and liability of HUGE in terms of section 49(1) of the No. 68 of 2008 Consumer Protection Act. The Customer acknowledges and confirm that this specific clause of the agreement has been brought to the Customer’s attention. Limitations and liabilities of this contract have been explained to the Customer.