Liability Limitation Force Majeure Sample Clauses
The "Liability Limitation; Force Majeure" clause serves to restrict the amount and types of damages that one party can claim from another, and to excuse parties from fulfilling contractual obligations when extraordinary events beyond their control occur. In practice, this clause typically sets a cap on financial liability, excludes certain types of damages like lost profits, and lists specific force majeure events such as natural disasters, war, or government actions that may prevent performance. Its core function is to allocate risk fairly between the parties and protect them from unforeseeable circumstances that could otherwise result in unlimited or unfair liability.
Liability Limitation Force Majeure. Digiteal undertakes to preserve the integrity of the Data as well as the confidentiality of the Personal Data. The Client declares that he has been informed by Digiteal of the technical and organisational measures that the latter takes or causes to be taken by its agents and subcontractors in order to ensure the security and confidentiality of the Data so that it are adequately protected—taking into account the state of the art and technology—against accidental or unauthorised destruction by third parties, against accidental loss and against modification, access and any other processing not authorised by third parties. By entering into this Contract, the Client acknowledges that these measures are sufficient and appropriate with respect to the Data it intends to store as part of the Services. The Client may at any time request from Digiteal a written description of the technical and organisational measures implemented to ensure the confidentiality and security of the Data. Digiteal may omit any technical elements or details from this description, the disclosure of which could compromise data security. Digiteal also transmits Public Data and Private Data to the Client. Only End Customer’s Private Data are transmitted to the Client and Integrator. In addition, part of the Data are movements on bank accounts. These movements are only transmitted if the PSU has given his consent. If this Data is transmitted to the End Customer, these End Customers must have accepted Digiteal's General Terms and Conditions and in particular the Privacy Policy.
ARTICLE 10. Financial conditions
Liability Limitation Force Majeure. 13.1. Digiteal is not liable: - in respect of Data stored by the Client, in particular in the event of illegal content or content that is stored in violation of the rights of third parties; - for any problem that may be due to the fault, negligence, omission, failure of the Client or the failure by the Client to comply with its legal obligations; - for any problem that may arise from the failure to comply with the advice given to the Client, or from the Client's use of the Services that does not comply with the provisions of the Contract; - in the event of misuse of access to the Services or Login Codes by a third party who has taken the Login Codes as a result of the fault, negligence or omission of the Client or a Client User, or in the event of the Login Codes being hacked by a third party; - in the event of damage caused by a virus emanating from or propagated through the Client's equipment, or by computer piracy (hacking, etc.), - for any difficulty in using the Services related to Internet access, connection speed and/or availability of the Internet by the Client, the latter assuming sole responsibility for having a suitable and adequate Internet connection to be able to access the Services and use them correctly; - for any difficulty in using the Services related to the Client's computer equipment or its incompatibility for the correct use of the Services, including due to any third-party software, settings or initial configuration change that may occur after the provision of the Services; - in the event of a delay in the performance of its services if the impossibility of performing its services within the agreed time limit is due to a fault committed by the Client, in particular a failure to provide necessary information to make available or resolve a fault with the Services; - in the event of unavailability of the Services due to updating, maintenance or technical or other disruptions affecting all or part of the Services that are beyond the control of Digiteal (without necessarily being a case of force majeure) as well as in the event of force majeure; - in the event of communication of Data relating to the Client, at the express request of a competent administrative or judicial authority, in accordance with and in compliance with applicable law;
Liability Limitation Force Majeure