Exclusions & Limitations_MJ Flood Seccurity

The Client’s attention is particularly drawn to this Condition.

10.1 Subject to Condition 10.5, the Company’s maximum aggregate Liability will be limited to an amount equal to 100% of the total Prices and Charges paid under the Contract by the date of the relevant default.
10.2 The Company will have no Liability to the Client, in each case whether direct, indirect or consequential, for loss of revenue, loss of profit, loss of use, loss of production, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of anticipated savings, loss of margin, loss of bargain, liability that the Client has to third parties, loss of use or value of any data or software, wasted management or expenditure or indirect, consequential or special loss, subject always to Conditions 10.3 and 10.5.
10.3 Without prejudice to Condition 10.5 the financial limit in Condition 10.1 will not operate to limit or restrict the Client’s obligations to pay the Prices, the Charges or related interest payments.
10.4 The Company will not be in breach of the Contract or otherwise liable to the Client for any failure to perform or delay in performing its obligations under the Contract if such failure or delay is due to any event or circumstance beyond the Company’s reasonable control.
10.5 Nothing in the Contract will operate to exclude or restrict any Liability of a party that cannot be excluded or restricted in the Contract in respect of death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation, for breach of its obligations arising under Sale of Goods and Supply of Services Act 1980, or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
10.6 Any Liability of a party which falls within Condition 10.5 will not be taken into account in assessing whether the financial limit in Condition 10.1 has been reached.
10.7 The Client acknowledges and accepts that the Company holds benefit of this Condition 10 both for its own behalf and as trustee for and on behalf of each of the Company’s employees, agents and sub-contractors. Accordingly, and for the avoidance of doubt the financial limit on liability set out in Condition 10.1 is the maximum liability of the Company, Company’s employees, agents and sub-contractors in aggregate. The parties may vary or rescind the Contract without the consent of the Company’s employees, agents or sub-contractors.
10.8 The Client acknowledges that the Goods and Services do not eliminate the events they are intended to detect, avert or record (including for example, fire, flood, water ingress, leak or break in (an “Event”)) and any loss, cost or expense arising from such Events is at the Client’s sole risk. The Client acknowledges that the Company has advised the Client to obtain insurance covering the risk of loss from such Events for the Client’s premises, property and equipment. If, notwithstanding the foregoing, the Company is found liable for any damage or expense arising, directly or indirectly, from a failure of the Goods or Services to detect, avert or record any occurrence, whether such failure to detect, avert or record resulted from the Company’s negligence or otherwise, the Company’s aggregate Liability is, subject to Condition 10.5, limited to the amount set out in Condition 10.1.
10.9 The Company shall have no Liability for any acts, omissions, negligence or tampering carried out by the Client itself, the Client’s customers or any other third party.
10.10 The Company does not warrant that any Services will be uninterrupted, errorfree, (including interruptions due to cyberattacks or malicious code or otherwise) free of harmful components, timely or secure.
10.11 The Client acknowledges that the limitations and exclusions of the Company’s Liability are reasonable and accurately reflect the risk in and value of the Contract.