3. Without prejudice to the generality of the foregoing (Clause 2), both Fournaise and the Consultants shall not be responsible or liable in any way and for any reason whatsoever for among other things :
(a) any failures or delays in performing its/their obligations hereunder arising from any cause beyond its/their control, including but not limited to acts of God, acts of civil or military authority, fire, strikes, lock-outs or labour disputes, epidemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons and floods;
(b) any loss or damage or claim arising from any data, presentation, content and/or idea (the “Content”) and from any interruption in or malfunction of the technology, applications, hardware, software, solutions, equipment, online platforms, wTAMs® and processes (the “Systems”) used and/or developed and/or commissioned and/or outsourced by Fournaise in the provision of the Services;
(c) the accuracy and completeness of any information used and/or provided by or to Fournaise in relation to the Services;
(d) the accuracy and completeness of all translations of materials and documents used by the Clients and/or Fournaise in providing the Services including but not limited to where such translations were made or carried by Fournaise, where such translations have not been made or carried out by Fournaise and/or where such translations have been provided by the Clients or the Clients’ suppliers to Fournaise.
(e) the Clients’ data being accessed by third parties through illegal or illicit means, including situations of access by exploitation of software security gaps, inherent flaws or weakness in any software, or the Clients’ own internal security procedures governing the use of the Services and the conduct of its users.
4. Notwithstanding any other provision of these Terms and Conditions the maximum aggregate liability of Fournaise or the Consultants in respect of any and all claims under these Terms and Conditions shall not exceed:
• |
for Clients: the fees charged by Fournaise in the approved Clients Agreements (and/or Solutions) or US$50,000, whichever is lower; |
|
|
• |
for Vendors: the fees paid by Fournaise in the approved Vendors Agreements, or US$15,000 whichever is lower. |
5. The Clients shall indemnify and keep Fournaise and the Consultants indemnified at all times against any and all claims, actions, proceedings, damages, costs, charges and expenses (including without limitation legal fees) incurred or suffered by Fournaise or the Consultants in connection with the provision of the Services to the Clients and/or in connection with a breach of these Terms and Conditions by the Clients. Where Fournaise assists the Client by registering in the Client’s name such domain name(s) selected by the Client as part of the Service, the Client undertakes to fully indemnify Fournaise in respect of any liability to a third party arising out of such a registration.
|
