Fortix. ® shall not be liable for any loss, damage, including consequential damage, cost, expense or outgoing of whatsoever nature that may be incurred by you as a result of Fortix® undertaking any of the matters as set out in this clause.
Fortix. ® reserves the right to amend, modify, change, add or remove portions of the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on its Site.
Fortix. ® reserves the right to modify its privacy policies in its reasonable discretion from time to time.
Fortix. ® reserves the right to establish or modify its general practices and limits relating to storage of and traffic relating to Data.
Fortix. ® reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by email.
Fortix. ® reserves the right to review and change its fees and charges at any time taking into the consideration actual usage from any past period.
Fortix. ® reserves the right to suspend or terminate the Services provided to you if delinquent invoices are
8.3.1. 30 days overdue, web-based and telephone support services will cease;
Fortix. ® shall not be liable for any losses, damages, including any consequential damages, costs, expenses or any outgoings of whatsoever nature that you may incur as a result of Fortix® suspending or terminating your account as a result of your account becoming delinquent.
Fortix. ® shall indemnify and hold you and your parent organisations, subsidiaries, affiliates, officers, directors, employees, solicitors and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees calculated on an indemnity basis) arising out of or in connection with:
9.4.1. a claim alleging that the Service directly infringes a copyright or a trademark of a third party, a U.S. patent issued as of the Effective Date;
17.3.2. a claim, which if true, would constitute a violation by Fortix® of its representations or warranties; or
17.3.3. a claim arising from breach of this Agreement by Fortix®; provided that you
a. promptly give written notice of the claim to Fortix®;
b. give Fortix® sole control of the defense and settlement of the claim (provided that Fortix® may not settle or defend any claim unless it unconditionally releases you of all liability);
c. provide to Fortix® all available information and assistance; and d. have not compromised or settled such claim.
17.3.4. Fortix® shall have no indemnification obligation, and you shall indemnify Fortix® pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
Fortix. ® shall not unreasonably withhold its approval to a proposed assignee who is, in the opinion of Fortix®, financially sound, has the business acumen and capacity to perform the terms and conditions of this Agreement, and enters into an agreement acknowledging to be bound by the terms and conditions of this Agreement and at the time of the proposed assignment you are not in breach of any of the terms and conditions of this Agreement.
