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or any other Affiliate of the
|Supplemental Terms and Conditions for the Supply of Services (the “Supplemental Framework Services Terms”)|
The Customer and the Company hereby agree to the following:
|7. Limitation of Liability
7.1 The liability of the Company, except where such liability may not be limited by law, shall not exceed the lesser of the value stated in the Quotation in question or the limitation as set out in clause 14.4 of the Contract.
7.2 The Company shall not be held responsible for the Customer’s or End User’s failure to implement recommended rules on security equipment nor its implementation of the same where the Customer or End User has no technical security policy or security rules in place. The Company cannot accept any liability for breaches in the security of the Customer’s or User’s equipment or network where Service is undertaken and provided under the explicit or implicit instruction from the Customer or the End User.
7.3 The Company is unable to provide any guarantee in respect of the security of a Customer or Environment. Security rules provided by the Customer or End User shall be applied and any recommendation or suggestions provided by the Company or Service Provider are based on the then current information of vulnerabilities known to the Company and Service Provider and no methods of prediction exist for vulnerabilities that have not yet been identified. The Company shall not be responsible for the security of a Customer or End User’s network after the Service has been performed where the Service is undertaken under the instruction from the Customer or End User.
7.4 The Company does not represent or guarantee that the performance of the Services will be adequate for the Customer or the End User.
7.5 The Company shall not be liable for imperfect work caused by any inaccuracies on any drawing, design or specifications supplied by the Customer or the End User.
7.6 The Customer acknowledges that certain Services are subject to availability of capacity and bandwidth across both the End User’s network and the Service Provider’s network therefore the Company cannot guarantee availability of such Services at any particular point in time.
7.7 In respect of certain Services, the Customer shall be responsible (and/or shall ensure that the End User shall be responsible) for the provision of sufficient internet and call bandwidth as well as suitable hardware to connect to and use such Services. The Company shall not be liable for any additional costs incurred by the End User and/or the Customer as a result of using such Services, including without limitation, as a result of increased bandwidth, additional data or call charges, or the purchase of additional hardware requirements.
7.8 The Customer acknowledges (and/or shall ensure that the End User acknowledges) that in respect of certain Services the internet and video calling is not secure. The Service Provider shall put in place reasonable measures to secure such Services but the Company shall not accept any liability for malicious or accidental breaches of security or confidentiality when using such Services. For the avoidance of doubt, the Customer shall ensure (and/or shall procure that the End User ensures) that it will keep service access numbers and passwords confidential at all times and will not share them with any third parties.
8. Service Providers
8.1 The Service Providers will provide the Services to the Customer and the End User as appropriate and the Customer acknowledges that the Service Provider is a third party, which the Company does not control. The Company makes no representation, guarantee or warranty about the Service Providers:
8.1.1 ability to provide continuity of Services; or
8.1.2 reliability, credit rating or solvency.
9. Insolvency of Service Provider
9.1 If a Service Provider enters into any type of insolvency, administration, receivership, liquidation, creditor arrangement or becomes the subject of winding up proceedings (“Insolvency Event”) the Company may terminate or temporarily suspend the provision of the Services.
9.2 If the Company suspends the provision of the Services it shall use reasonable endeavours to engage a new service provider on materially similar terms within a reasonable period.
9.3 The Customer recognises that the Company will be an ordinary creditor of the Service Provider if an Insolvency Event occurs. The Company will use reasonable endeavours to obtain repayment of any fees paid by the Customer in respect of Services not yet performed by the Service Providers.
9.4 Except where such liability may not be limited by law the Company shall not be held responsible for any loss, additional payments, damage or inconvenience the Customer or any End-User may suffer from suspension or termination of the Services in accordance with this clause 9.
10. Force Majeure
10.1 The Company shall not be in breach of the Contract, nor liable for any failure or delay in performance of any obligations under the Contract (and, subject to clause 10.2, the time for performance of the obligations shall be extended accordingly) arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including nonperformance by suppliers or Service Providers undergoing an Insolvency Event.
10.2 If an event envisaged by clause 10.1 prevails for a continuous period of more than one month, the Company may terminate the Services by giving 14 days' written notice to the Customer. On the expiry of this notice period, this Service shall terminate.