Common use of General Limitation of Liability Clause in Contracts

General Limitation of Liability. 10.1 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 9.1 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 9.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 9.3 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 9.4 We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 9.5 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 9.6 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 25.1 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 25.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, 25.3 We shall not be liable for any Loss arising as a result of any default or negligence of any other payment service 25.4 The Services are provided to you solely and exclusively by us. None of our employees assume any personal responsibility to you or any other person, owes you or any other person any personal duty of care nor is liable to you or any other person for any Loss arising, directly or indirectly, as determined by a court consequence of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed their own acts or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurredomissions. 10.3 24.5 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 24.6 We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 24.7 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment Order would be illegal. 10.6 24.8 Nothing in this Agreement these Terms limits or excludes our liability for which cannot legally be limited, including death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 25.1 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.or 10.2 25.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, , 25.3 We shall not be liable for any Loss arising as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question result of any third party for the purposes of this clause, no account shall be taken default or negligence of any limit imposed other payment service 25.4 The Services are provided to you solely and exclusively by us. None of our employees assume any personal responsibility to you or agreed on the amount of liability of such third party by any agreement (including other person, owes you or any settlement agreement) made before or after such Loss occurred or was otherwise incurred.other person any personal 10.3 25.5 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 25.6 We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 25.7 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment Order would be illegal. 10.6 25.8 Nothing in this Agreement these Terms limits or excludes our liability for which cannot legally be limited, including death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.to

General Limitation of Liability. 10.1 Where we and another person 8.1. SUBJECT TO THIS CLAUSE (such as another payment services providerLIMITATION OF LIABILITY) are liable to you in respect of the same matter or itemEEZI MOVE IS NOT LIABLE FOR ANY DAMAGES AND/OR LOSS (WHETHER ARISING BY NEGLIGENCE, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its shareOR ANY OTHER REASON WHATSOEVER) RESULTING FROM THE CUSTOMER’S FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT. 10.2 Where 8.2. YOU INDEMNIFY AND HOLD EEZI MOVE (AND ALL ITS DIVISIONS, EMPLOYEES AND AGENTS) HARMLESS AGAINST ANY EXPENSE, LOSS, CLAIM (DELICTUAL OR OTHERWISE), HARM, THEFT OR DAMAGE BROUGHT AGAINST, SUFFERED OR SUSTAINED BY EEZI MOVE, WHICH ARISES DIRECTLY OR INDIRECTLY OUT OF A BREACH OF THE TERMS OF THIS AGREEMENT BY YOU. YOU FURTHER INDEMNIFY EEZI MOVE AGAINST ANY AND ALL DAMAGES, EXPENSE, LOSS, CLAIMS (DELICTUAL OR OTHERWISE), HARM, THEFT TROUGH YOUR UTILISATION OF SERVICES NOT BROUGHT ABOUT THE PROVEN GROSS NEGLIGENCE OR GROSS INTENTIONAL MISCONDUCT OF EEZI MOVE OR ANY OF ITS REPRESENTATIVES BY A COMPETENT COURT. 8.3. EEZI MOVE’S liability must be a direct result of our gross negligence and/or intentional misconduct, which negligence and/or misconduct must be proven by a competent Court. Extent of any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss liability shall be recoverable by you from us (as opposed subject to any third parties) shall be limited so as to be in proportion proof of actual loss and/or damages suffered subject to the aggregate of our contribution to the overall fault for such Loss, monetary limits as agreed between all of the relevant parties or, stated in the absence of this agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 We 8.4. EEZI MOVE shall not be liable for the loss of or damage due to any bank charges that you may incur in sending funds to act or receiving funds from usomission, or negligence of its employees. 10.5 We 8.5. Subject to the determination in clause 6.13 and this provision, EEZI MOVE may at their sole discretion, free from admission, expectation and/or obligation of any kind, award a default amount of R100-00(ONE HUNDRED RAND) to every item which is not awarded an amount in the inventory list by the customer. Should any item be damaged or lost by EEZI MOVE (as a result of gross negligence), the amount indicated by default as R100-00 (ONE HUNDRED RAND) will be used as the repair and/or replacement value of the item. 8.6. Notwithstanding any provision in this agreement, in no event shall not we be liable to you any other party for the non-performance indirect or consequential loss or damage, loss of our obligations profits, business, revenue, goodwill or the failure anticipated savings suffered by such party, unless brought about proven gross misconduct and/or gross negligence, and/or proven conduct by a competent court which is attributable to execute any Payment Order if the execution breach of the Payment would be illegalprovisions of this agreement. 10.6 Nothing in this Agreement limits 8.7. We do not exclude or excludes our limit liability to any party for death or death, personal injury caused by our its proven gross negligence or that of its employees, for fraud or theft by it or our employees and/or for a breach of any of the provisions of this agreement. 8.8. Should any limitation or provision contained or expressly referred to in this clause (Limitation of Liability) be held to be invalid under any applicable statute or law, it will only be to the extent of such invalidity, and be deemed omitted without effecting the validity of this clause and the agreement as a whole and further, if any Party becomes liable for loss or damage which would otherwise have been excluded, such liability shall be subject to the other limitations and provisions set out in this clause (Limitation of Liability). 8.9. Nothing in this clause (Limitation of Liability) shall be taken or construed to in any way reduce or affect the general duty to mitigate loss suffered by any Party. 8.10. Without prejudice to any rights and securities which EEZI MOVE may have under this agreement, the Customer indemnifies and holds EEZI MOVE harmless against all liabilities, damages, fines, penalties, taxes, costs (including legal costs on a full indemnity basis) and expenses whatsoever incurred or suffered by EEZI MOVE (or is likely to suffer) as well as any other person, arising directly or indirectly from or in connection with the Customer’s express or implied instructions (or the implementation thereof) on behalf of or at the instance of the customer. 8.11. The customer further indemnifies EEZI MOVE against all liability of any nature arising from any failure by the customer to comply with any obligation in terms of this agreement, including but not limited to any goods and/or items in particular, but without limitation of the aforegoing, in respect of any liability whatsoever which may be incurred by you as a result of fraud any breach of the Customer’s warrantees in terms of this agreement; and/or to any haulier, carrier, warehouseman or fraudulent misrepresentation other person whatsoever at any time involved with such goods/items arising out of any claim made directly or indirectly against any such person by us the Customer or owner or such goods or by any person having an interest in such goods or by any other person whatsoever; and/or to any owner of such goods/items who is not the Customer of EEZI MOVE. 8.12. Subject to the extent that the terms and conditions herein and only in particular stated instances, EEZI MOVE may assume limited liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss suffered by the Customer and only in respect of profitthe items exclusively specified in the inventory and due compliance of all obligations and preventative measures in terms of this agreement by the customer has taken place. Such assumption of liability (in the event of proven negligence) shall be limited to a maximum liability which shall not exceed the value as indicated on the invoice//waybill and delivery documents, regardless of the circumstances giving rise to such loss or damage and/or in the instances of businessspecific item damages be limited to Two Hundred Rand (R200-00) per cubic meter of the volume of the items lost or damaged, irrespective of any item forming part of a pair or set. 8.13. Assumption of liability (in the instances of proven negligence) will be limited to one thousand rand (R1000-00) for damages caused to fixed property. We may at our sole discretion arrange to have the damages repaired ourselves and must be given the opportunity to do so. 8.14. Any and all claims shall only be considered if the waybill has been endorsed, (subject to the conditions contained in this agreement) i.e. confirming the damage / loss on delivery or endorsed and not to read “not unpacked and checked”, and if there has been compliance with our Complaints and Procedure Policy, which shall be made available and/or communicated the customer in appropriate instances. 8.15. The Customer shall advise EEZI MOVE in writing, strictly within 2 business interruptiondays, of any damaged/lost or missing items being delivered/or expected to receive, at xxxxxxxxxxxx@xxxx.xx.xx. No claims will be entertained if not received within the 2-day notice period and thereafter within a period of 5 days, provide EEZI MOVE with a quote obtained from an accredited institution/organisation for the repair of the damaged property and/or liquidated amount to indicate the value of the property, which value must be in accordance and or similar to such value(s) provided by the customer on the Inventory List. Should the quote obtained from the Customer exceed the value of the item(s) as stipulated on the Inventory List completed by the Customer, EEZI MOVE shall, in the event of proven gross negligence and/or intentional misconduct by a competent Court, only be liable for the amount provided by the Customer on the Inventory List. 8.16. EEZI MOVE’S assumption of limited liability for items listed in the inventory and/or any specific item listed thereon, shall not exceed the total invoice amount. Any declared value must be substantiated by a purchase invoice or an up to date valuation certificate from a professional valuator. 8.17. No assumption of liability by EEZI MOVE is extended to the items listed hereunder and the customer shall not have any claim for damages or any other nature whatsoever against EEZI MOVE, the customer fully indemnifies EEZI MOVE against any liability including but not limited to all third party claims and further indemnifies EEZI MOVE for any failure by EEZI MOVE to carry out any of its obligations under this agreement as a result of causes beyond EEZI MOVE’S control and/or which is not attributable to EEZI MOVE’S gross negligence, which are also listed herein, namely (and without being limited to): 8.17.1. Any strike, lockout; 8.17.2. Perils of the air; 8.17.3. Carelessness by the Customer and/or EEZI MOVE in the non- avoidance of any damage; 8.17.4. ANY PART OF THE DAMAGE SUSTAINED WAS DUE TO YOUR OWN NEGLIGENCE AND/OR FAILURE TO COMPLY WITH ANY OBLIGATIONS IN TERMS OF THIS AGREEMENT; 8.17.5. ANY ITEMS NOT WRAPPED, PACKED AND/OR UNPACKED, NOT PROPERLY DISASSEMBLED BY US OR ONE OF OUR AGENTS; 8.17.6. ITEMS OF FURNITURE NOT PROPERLY AND PROFESSIONALLY WRAPPED BY US; 8.17.7. POORLY ENGINEERED, MANUFACTURED OR INFERIOR PRODUCTS AND/OR ITEMS; 8.17.8. Any parcel exceeding the prescribed size limitation as per clause 2.7 hereof and 15 kgs; 8.17.9. Fire, burglary, floods or any other loss; 8.17.10. Sickness, injury, disease or death arising from the removal, handling or storage of any frozen food or drinks. Frozen and refrigerated foods are transported at your own risk; 8.17.11. Damage to pot plants, fans and heaters; 8.17.12. Goods/Items damaged due to difficult access; 8.17.13. Damage to brittle or brittle like items, For example, cement furniture, ceramics, porcelain, glass, press wood etc.; 8.17.14. Damage to items with an inherent or latent defect; 8.17.15. Damage to mechanisms or components in electrical, electronic, mechanical or motor driven goods (unless there are visible outward signs of impact damage attributable to gross negligence); 8.17.16. SELF-ASSEMBLED OR PRE-ASSEMBLED FURNITURE NOT DISMANTLED PRIOR TO TRANSPORTATION; 8.17.17. Sensitive equipment, furniture or any other item not suitable for transportation; 8.17.18. Damage caused by any items referred to in clause 2.7; 8.17.19. Damage caused by moths, vermin or any similar infestation, acts of foreign enemies, hostilities, civil war or a military coup; 8.17.20. Damages caused by a leaking truck and/or trailer roof, resulting from damages caused en route by low hanging tree branches not pruned and sheered in accordance with applicable by-laws and ordinances, or loss damages caused by any authority’s non-compliance with amongst others, the Road Traffic Act 93 of business opportunity.1996, the Municipal Management System Act, 32 of 2002 or any other applicable legislation as amended and/or any other obstructions not attended to in terms of the aforegoing legislation which remained unnoticed by EEZI MOVE (save in instances of gross negligence), during handling and transportation of any items; 8.17.21. Shortage of labour or materials; 8.17.22. Delays in transport;

General Limitation of Liability. 10.1 10.1. Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 10.2. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 10.3. We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 10.4. We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 10.5. We shall not be liable to you for the non-performance nonperformance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 10.6. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 10.7. We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 10.1. Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 10.2. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 10.3. We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 10.4. We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 10.5. We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 10.6. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 Where we Notwithstanding the foregoing, you acknowledge that data conversion is subject to likelihood of human and another person (such as another payment services provider) are liable machine errors, omissions, delays, and losses, including inadvertent mutilation of documents, which may give rise to you in respect of the same matter loss or itemdamage. Accordingly, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 We shall not be liable on account of any such errors, omissions, delays, or losses unless caused by our gross negligence or willful misconduct. You are responsible for adopting reasonable measures to limit your exposure with respect to such potential losses and damage, including (without limitation) examination and confirmation of results prior to use thereof, provision for identification and correction of errors and omissions, preparation and storage of backup data, replacement of lost or mutilated documents, and reconstruction of data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any bank charges data and in connection with all agreements you enter into with your customers. You acknowledge that any form of agreement provided we provide that you may incur in sending funds use with your customers is solely for your reference; you are not obligated to or receiving funds from us. 10.5 We shall use any such agreement. You further acknowledge that we do not be liable guarantee, and are not responsible for ensuring, that any agreements supplied by us that you may enter into with your customers comply with laws and regulations applicable to you. YOU ACKNOWLEDGE THAT YOU HAVE AN INDEPENDENT RESPONSIBILITY TO CONSULT YOUR OWN LEGAL AND ACCOUNTING ADVISERS WITH RESPECT TO LEGAL MATTERS, INCLUDING THE ENFORCEABILITY AND ACCOUNTING TREATMENT OF ANY SUCH CUSTOMER AGREEMENTS, AND TO ADVISE YOUR CUSTOMERS TO SIMILARLY CONSULT PROFESSIONALS WITH RESPECT THERETO. The cumulative liability of us to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or all claims relating to the extent that Program and arising out of this agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the liability may not total amount of all fees paid to us hereunder. In no event shall we be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profitprofits; any incidental, loss of businessspecial, business interruptionexemplary, or loss consequential damages, whether foreseeable or unforeseeable; or any claims or demands brought against you, even if we have been advised of business opportunitythe possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.

General Limitation of Liability. 10.1 10.1. Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 10.2. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 10.3. We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 10.4. We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 10.5. We shall not be liable to you for the non-performance nonperformance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 10.6. Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 20.1 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 20.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clauseClause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 20.3 The Services are provided to you solely and exclusively by us. None of our employees assume any personal responsibility to you or any other person, owes you or any other person any personal duty of care nor is liable to you or any other person for any Loss arising, directly or indirectly, as a consequence of their own acts or omissions. Accordingly, you agree not to bring a claim against any of our employees personally. This Clause does not exclude or limit the liability of us for (i) the acts or omissions of any of its employees in the course of its business or (ii) the acts or omissions of its employees performed within the scope of the employee’s contract of employment. 20.4 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 20.5 We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 20.6 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 20.7 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 20.1 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 20.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clauseClause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 20.3 The Services are provided to you solely and exclusively by us. None of our employees assume any personal responsibility to you or any other person, owes you or any other person any personal duty of care nor is liable to you or any other person for any Loss arising, directly or indirectly, as a consequence of their own acts or omissions. Accordingly, you agree not to bring a claim against any of our employees personally. This Clause does not exclude or limit the liability of us for (i) the acts or omissions of any of its employees in the course of its business or (ii) the acts or omissions of its employees performed within the scope of the employee’s contract of employment. 20.4 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems. 10.4 20.5 We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 20.6 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 20.7 Nothing in this Agreement limits or excludes our liability for death or death, personal injury or non- material damage caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General Limitation of Liability. 10.1 19.1 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share. 10.2 19.2 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clauseClause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred. 10.3 19.3 The Services are provided to you solely and exclusively by us. None of our employees assume any personal responsibility to you or any other person, owes you or any other person any personal duty of care nor is liable to you or any other person for any Loss arising, directly or indirectly, as a consequence of their own acts or omissions. Accordingly, you agree not to bring a claim against any of our employees personally. This Clause does not exclude or limit the liability of us for (i) the acts or omissions of any of its employees in the course of its business or (ii) the acts or omissions of its employees performed within the scope of the employee’s contract of employment. 19.4 We shall ensure that Payment Orders are executed timely in accordance with this Agreement and applicable laws. However, we accept no responsibility for any delay in fulfilling a Contract your Payment Order (i) attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the third party (e.g. clearing banks or banking systemsother payment service providers) delays, (ii) if allowed by this Agreement or legal acts (e.g. due to suspension of Payment Order for lawful reasons), or (iii) if the execution of the Payment Orders would be illegal. 10.4 19.5 We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us. 10.5 We shall not be liable to you for the non-performance of our obligations or the failure to execute any Payment Order if the execution of the Payment would be illegal. 10.6 19.6 Nothing in this Agreement limits or excludes our liability for death or death, personal injury or non-material damage caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law. 10.7 We are not liable for business losses. We only supply the Services under this Agreement for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.