Common use of Indemnifications, Limitation of Liabilities, Warranties Clause in Contracts

Indemnifications, Limitation of Liabilities, Warranties. Without derogating from or limiting the general nature of clause 7 of the Service Agreement, the Client hereby indemnifies and holds SYNAQ harmless against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from: − Misconfigurations by the Client of email servers irrespective of whether SYNAQ has instructed the Client or Users on how to configure such servers unless SYNAQ is the Client’s appointed Email Service Provider, and has attended to the above configurations; − SYNAQ’s third party dependencies for the provision of the Service including without limitation: Internet connectivity, power, air conditioning at the hosting facility; − Client’s third party dependencies for the provision of the Service including without limitation: quality of Internet connection, bandwidth capacity, adequate line speeds; − Actual delivery of outbound email to final destination due to circumstances beyond SYNAQ’s control including without limitation: unavailability of the destination server, the email recipient address is incorrect/ does not exist, the User has exceeded the limits placed on use of the Service, spam filtering); − Errors by the Client when requesting or effecting changes to the Domain Name System and any resulting delay, rejection or loss of email; − Viruses and Spam received by the Client notwithstanding use of Securemail; − Loss of irrecoverable data despite backups being kept. The maximum liability of SYNAQ to the Client in terms for any one event or series of connected events above, shall in accordance with the provisions of the Service Agreement. SYNAQ INSCRIBE

Indemnifications, Limitation of Liabilities, Warranties. Without derogating from or limiting the general nature of clause 7 of the Service Agreement, the Client hereby indemnifies and holds SYNAQ harmless against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from: − Misconfigurations by the Client of email servers irrespective of whether SYNAQ has instructed the Client or Users on how to configure such servers unless SYNAQ is the Client’s appointed Email Service Provider, and has attended to the above configurations; − SYNAQ’s third party dependencies for the provision of the Service including without limitation: Internet connectivity, power, air conditioning at the hosting facility; − Client’s third party dependencies for the provision of the Service including without limitation: quality of Internet connection, bandwidth capacity, adequate line speeds; − Actual delivery of outbound email to final destination due to circumstances beyond SYNAQ’s control including without limitation: unavailability of the destination server, the email recipient address is incorrect/ does not exist, the User has exceeded the limits placed on use of the Service, spam filtering); − Errors by the Client when requesting or effecting changes to the Domain Name System and any resulting delay, rejection or loss of email; − Viruses and Spam received by the Client notwithstanding use of Securemail; − Loss of irrecoverable data despite backups being kept. The maximum liability of SYNAQ to the Client in terms for any one event or series of connected events above, shall in accordance with the provisions of the Service Agreement. SYNAQ INSCRIBE.