Common use of Availability of the Service and Limitation of Liability Clause in Contracts

Availability of the Service and Limitation of Liability. 6.5.1 While the Bank will make reasonable efforts to provide the Service, it will not be liable for any failure to provide the Service, in part or full, for any cause that is beyond its reasonable control. This includes, in particular, any suspension of the Service resulting from maintenance and upgrades to the Bank’s systems or the systems of any party used to provide the Service. 6.5.2 The Bank shall not be liable for any loss or damage, direct or indirect costs incurred by the Client as a result of delay caused by the technical failure or delay of service by any third party. 6.5.3 The Bank hereby excludes all liability in respect of loss or damage suffered due to transmission errors, technical faults or defects, breakdowns or illegal intrusion or intervention in the Bank’s electronic system. Moreover, no liability shall accrue to the Bank in respect of loss or damage suffered due to disturbances or interruptions in the service and/or overloads affecting the functioning of the Bank’s electronic systems. 6.5.4 The Bank shall not be liable in any way in the event the Client does not receive e-mails sent by the Bank to the Client due to internet service provider server problems, bad/slow connections and/or any other issue on the part of either the internet service provider and/or the mail server and/or the Client. 6.5.5 The Bank hereby excludes all liability in respect of loss or damages suffered by the Client due to defects or malfunctioning of the Client’s or other person’s computer, network or software; moreover, the Bank excludes all liability in respect of any loss or damages caused by the access of confidential information by any third party(s) or performance of any transaction by any third party(s). 6.5.6 Under no circumstances, including negligence, shall the Bank and/or any party involved in creating, producing, delivering or managing the Client’s Statements, be liable in any way for any direct, indirect, incidental, special or consequential damages that may result from the use or inability to use the Bank’s e-mail banking facilities or out of the breach of any warranty, whether express or implied. The use and/or storage by the Client of any information including without limitation, password, Account information, transmission activity, Account balances and any other information available in respect of the Client’s Account and or the Bank’s e-mail banking facilities is at Client’s own risk, sole responsibility and liability. 6.5.7 The Client specifically agrees to exempt the Bank from any and all responsibility and/or liability arising from any such misuse and agrees not to hold the Bank liable in any way for any such misuse. The Client further agrees to hold the Bank free and harmless from all losses, costs, damages, expenses that may be suffered by the Client due to any errors and/or delays. The Client agrees that any such misuse and/or errors as aforesaid shall not be considered as a breach by the Bank of the confidentiality.