Terms and Conditions

SOFTWARE SERVICE DISCLAIMER CLAUSE

  1. Subject to clause 4, Surety IT is not liable to the Client for any loss or damage whatsoever or howsoever caused, arising directly or indirectly, in connection with the Agreement, except to the extent that such liability may not lawfully be limited or excluded. For the avoidance of doubt, this extends to any employees, contractors, agents, representatives, licencees or permitted assigns of Surety IT.

  2. Notwithstanding the generality of clause 1, Surety IT expressly excludes liability for consequential loss or damage which may arise in respect of, or in connection with, the Services or for loss of loss of data, loss of, or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, or consequential, howsoever arising, by way of act or omission in contract or in tort. You agree to release and indemnify Surety IT to that extent.

  3. Where Surety IT cannot by law exclude such liability, its liability to the Client will be limited to, if the breach relates to goods, the replacement or repair the goods or, if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again. This clause applies despite anything else contained in or incidental to the Agreement, and to the fullest extent permitted by law.

  4. Notwithstanding clause 1, the limitation of liability set out in clause 1 will not apply to any liability arising as a result of, or in connection with: 
    a. fraud or wilful misconduct by Surety IT; b. breach of confidentiality by Surety IT; c. breach of privacy by Surety IT; or d. infringement of a third party’s intellectual property rights by Surety IT. For the purposes of this clause, the term Surety IT shall mean the Company, its officers, employees, sub-contractors, suppliers and agents, whether individually or collectively.

  5. To the fullest extent permitted by law, Surety IT excludes all warranties implied by law except as expressly set out in the Agreement.

  6. The Client acknowledges and agrees that the Client is responsible for the protection of the Client’s equipment and back up of data.