Provider Friendly Limitation of Liability Contract Clause

Limitation of Liability

1. Nothing in this Agreement shall limit or exclude the Service Provider's liability for: a) death or personal injury caused by its negligence; b) fraud or fraudulent misrepresentation; or c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

2. Subject to clause 1, the Service Provider shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for: a) loss of profits; b) loss of sales or business; c) loss of agreements or contracts; d) loss of anticipated savings; e) loss of use or corruption of software, data or information; f) loss of or damage to goodwill; and g) any indirect or consequential loss.

3. Subject to clause 1, the Service Provider's total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 50% of the total Charges paid under this Agreement.