Liability of the Service Provider. Subject to additional provisions, if any, set forth in the SCC, the Service Provider’s liability under this Contract shall be as provided by the Applicable Law.
Liability of the Service Provider. The Service Provider assumes no responsibility under this Agreement other than to perform the Services in good faith, and the Service Provider will not be responsible for any action of the Companies in following or declining to follow any advice or recommendation of the Service Provider. The parties hereto recognize and agree that the effectiveness of the Services and the success of any actions undertaken by the Companies in response thereto are not guaranteed or warranted by the Service Provider in any respect whatsoever.
Liability of the Service Provider. 13.1.1 The Service Provider shall be liable to the Employer arising out of or in connection with the Contract if a breach of Clause 5.1 is established against him.
13.1.2 The Service Provider shall correct a Defect on becoming aware of it. If the Service Provider does not correct a Defect within a reasonable time stated in a notification and the Defect arose from a failure of the Service Provider to comply with his obligation to provide the Services, the Service Provider shall pay to the Employer the amount which the latter assesses as being the cost of having such Defect corrected by Others.
13.1.3 All persons in a joint venture or consortium shall be jointly and severally liable to the Employer in terms of this Contract and shall carry individually the minimum levels of insurance stated in the Contract Data, if any.
Liability of the Service Provider. (Art. 152-153)
Liability of the Service Provider. GUARANTEE The service provider guarantees the client -in accordance with the legal provisions and without additional payment- against any lack of conformity or hidden defect, resulting from a defect in the design or performance of the services booked. In order to assert its rights, the client must inform the service provider, in writing, of the existence of defects or lack of conformity within a maximum period of 24 hours from the date of arrival. The service provider shall refund or rectify (to the best of their ability) the services deemed to be defective as soon as possible and at the latest within 8 days following the service provider’s discovery of the defect. The refund will be made by transfer or by bank cheque sent to the client. The service provider’s guarantee is limited to the refund of the services actually paid for by the client and the service provider may not be considered responsible or in default for any delay or non-performance as a result to reasons of force majeure as defined by French law. The services provided through the service provider’s website xxx.xxxxxxxxxxxxxxx.xxx comply with the applicable regulations in France. The service provider shall not be held liable in the event of non-compliance with the country legislation where the services are provided. It is the responsibility of the client, who is solely responsible to choose and check the services requested.
Liability of the Service Provider. 8.1. The Service Provider cannot be held responsible or liable when the installation or non-functioning of the ANYKROWD Platform in accordance with the Specifications is not attributable to the Service Provider, including any non-conformity due to (i) network or communication problems between the Organizer and the Service Provider or between the Active User and the Organizer and/or the ANYKROWD Platform, (ii) a malfunction or defect in software or hardware that does not originate from the Service Provider, (iii) the fact that changes or modifications were made to the ANYKROWD Platform without permission of the Service Provider, or (iv) if the Organizer fails to immediately report a malfunction or defect to the Service Provider together with documentation and information regarding the circumstances of the malfunction, (v) or contractually established assumptions that prove to be incorrect, or actions or omissions of the Organizer, its Affiliated Companies, or their appointees or third parties who gained access to the Platform via the Organizer Platform accounts, including not timely meeting contractually specified dependencies on the part of the Organizer.
8.2. The Service Provider is also not liable for any links to or services provided by or actions (including processing of Personal Data) performed via third-party websites that are accessible from the ANYKROWD Platform or any other connection or interaction with materials or functionalities of third parties. These are exclusively governed by the applicable terms of those third parties and it is the responsibility of the Organization to inform itself of these.
8.3. To the extent permitted under applicable law, the Service Provider rejects its liability under the Service Agreement for lost profits, loss of revenue, reputational damage, loss of customers or contracts, loss of or damage to data, the cost of acquiring alternative services, and for indirect, consequential or incidental damage from whatever cause, regardless of whether the Service Provider was aware or was informed of the possibility of such losses or damage. In case of liability of the Service Provider, the Organization's remedies are initially limited to repair in kind. If repair in kind is not possible, or if the Service Provider does not wish to provide repair in kind, the liability of the Service Provider will be limited in accordance with art. 8.4.
8.4. To the extent permitted under applicable law, the total liability of the Service Provid...
Liability of the Service Provider. 6.1.1. The Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, incurred by the Beneficiary or any third party, whether in an action in contract, tort, strict liability, or imposed by statute or otherwise, even if advised of the possibility of such damages. Autarco Group BV Xxxxxxxxxx 00 KvK: 60931825 BTW: NL854123155B01 t: +00 00 00 00 000 xxxx@xxxxxxx.xxx
6.1.2. The Service Provider's total liability under this Agreement shall not exceed the amount paid by the Beneficiary for the EMS services during the twelve (12) months preceding the event that gave rise to the liability.
Liability of the Service Provider. The Service Provider shall not be liable for any act or omission in the course of, or connected to, rendering the Services hereunder, except to the extent that such liability directly arises out of the negligence, wilful misconduct or lack of good faith of the Service Provider or failure to comply with its standard of care herein. In no event shall the Service Provider be liable for any consequential or special damages, including but not limited to loss of reputation, goodwill or business. Notwithstanding the foregoing or any other provision of this Agreement, the Service Provider’s liability hereunder shall in no event exceed the aggregate amount of fees received by the Service Provider from the Fund with respect to the Services provided in the preceding nine (9) months.
Liability of the Service Provider. With regard to damages to the customer’s side, an exclusion of liability in favor of the service provider is agreed with the following restriction: The exclusion of liability does not apply if the service provider or one of its vicarious agents is guilty of malice, intent or gross negligence or in the event of a breach of duty by the provider of material contractual obligations (so-called cardinal obligations) or in the event of damage resulting from injury to life, body or health or if guarantees are affected or claims under the Product Liability Act are affected. The same applies to breaches of duty by vicarious agents. The liability is limited to 20% of the contract sum if a one-time fee is agreed upon.
Liability of the Service Provider. 9.1. The Organizer understands and accepts that the ANYKROWD Platform is an online application and that all of the Organizer's software and data will be hosted by the Service Provider. The Service Provider shall not be held liable where any failure of the ANYKROWD Platform is due to (i) network or communication problems between the Organizer and the Service Provider or between the Active User and the Organizer and/or the ANYKROWD Platform, (ii) a malfunction or defect in software or hardware not originating from the Service Provider, (iii) the fact that changes or modifications were made to the ANYKROWD Platform without the consent of the Service Provider, or (iv) if the Organizer fails to promptly communicate a failure to the Service Provider together with documentation and information relating to the circumstances of the failure, (v) or others.
9.2. Nor shall the Service Provider be liable for any links to or services provided by third-party websites accessible from the ANYKROWD Platform or any other connection or interaction with third-party materials or functionalities.
9.3. Any liability of the Service Provider to the Organizer, its appointees or Affiliates for loss of profits or turnover, indirect, consequential or incidental damages from any cause is excluded, regardless of whether the Service Provider has been advised of the possibility of such losses or damages.
9.4. For direct damages caused by the actions of the Service Provider, if compensation in kind is not possible, the total liability of the Service Provider to the Organizer shall in any event be limited to a maximum of 50% of the fees effectively paid by the Organizer to the Service Provider for use of the ANYKROWD Platform on one "average" Event Day calculated on the basis of all Event Days that have taken place during the year preceding the claim. The Organizer must take all necessary measures that can reasonably be expected to mitigate its damages.
9.5. The Service Provider’s liability is limited to the cases described in these General Terms and Conditions. The Organizer shall indemnify the Service Provider against all third party claims related to the Organizer’s use of the ANYKROWD Platform.
9.6. The Service Provider confirms that it has taken out the necessary insurance to adequately cover its civil and professional liability.
