Common use of Warranties and Limitation of Liability Clause in Contracts

Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded. 12.2 Subject to conditions 5.4.7, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital Origin’s liability, arising under or in connection with the Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin to comply with any applicable Service Levels. 12.3 Subject to condition 12.5, under no circumstances shall Digital Origin be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly: 12.3.1 loss of revenue; 12.3.2 loss of business; 12.3.3 loss of contracts; 12.3.4 loss of, damage to or corruption of data; 12.3.5 loss of anticipated savings; 12.3.6 loss of profits; or 12.3.7 any indirect, consequential or special losses; whether or not Digital Origin knew or ought to have known that such losses or damages might be incurred. 12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital Origin, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 Nothing in these Conditions excludes or restricts either party’s liability for: 12.5.1 death or personal injury resulting from that party’s negligence or its employee’s, agent’s or subcontractor’s negligence (while acting in the course of their employment); 12.5.2 any fraud, fradulent misrepresentation or fraudulent misstatement; 12.5.3 any indemnity given under the Contract; and/or 12.5.4 for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s cause of action is permanently barred.

Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin Pericom makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded. 12.2 Subject to conditions 5.4.7, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital OriginPericom’s liability, arising under or in connection with the Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin Pericom to comply with any applicable Service Levels. 12.3 Subject to condition 12.5, under no circumstances shall Digital Origin Pericom be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly: 12.3.1 loss of revenue; 12.3.2 loss of business; 12.3.3 loss of contracts; 12.3.4 loss of, damage to or corruption of data; 12.3.5 loss of anticipated savings; 12.3.6 loss of profits; or 12.3.7 any indirect, consequential or special losses; whether or not Digital Origin Pericom knew or ought to have known that such losses or damages might be incurred. 12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital OriginPericom, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin Pericom on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 Nothing in these Conditions excludes or restricts either party’s liability for: 12.5.1 death or personal injury resulting from that party’s negligence or its employee’s, agent’s or subcontractor’s negligence (while acting in the course of their employment); 12.5.2 any fraud, fradulent misrepresentation or fraudulent misstatement; 12.5.3 any indemnity given under the Contract; and/or 12.5.4 for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin Pericom (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s cause of action is permanently barred.

Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin Beyond Networks makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded. 12.2 Subject to conditions 5.4.7, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital OriginBeyond Networks’s liability, arising under or in connection with the Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin Beyond Networks to comply with any applicable Service Levels. 12.3 Subject to condition 12.5, under no circumstances shall Digital Origin Beyond Networks be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly: 12.3.1 loss of revenue; 12.3.2 loss of business; 12.3.3 loss of contracts; 12.3.4 loss of, damage to or corruption of data; 12.3.5 loss of anticipated savings; 12.3.6 loss of profits; or 12.3.7 any indirect, consequential or special losses; whether or not Digital Origin Beyond Networks knew or ought to have known that such losses or damages might be incurred. 12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital OriginBeyond Networks, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin Beyond Networks on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 Nothing in these Conditions excludes or restricts either party’s liability for: 12.5.1 death or personal injury resulting from that party’s negligence or its employee’s, agent’s or subcontractor’s negligence (while acting in the course of their employment); 12.5.2 any fraud, fradulent misrepresentation or fraudulent misstatement; 12.5.3 any indemnity given under the Contract; and/or 12.5.4 for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin Beyond Networks (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s cause of action is permanently barred.

Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin Guru Technology makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded. If the Client is a consumer, this shall be without prejudice to its statutory rights. 12.2 Subject to conditions 5.4.7, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital OriginGuru Technology’s liability, arising under or in connection with the this Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin Guru Technology to comply with any applicable Service Levels. 12.3 Subject to condition 12.5, under no circumstances shall Digital Origin Guru Technology be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly: 12.3.1 12.3.1.1 loss of revenue; 12.3.2 12.3.1.2 loss of business; 12.3.3 12.3.1.3 loss of contracts; 12.3.4 12.3.1.4 loss of, damage to or corruption of data; 12.3.5 12.3.1.5 loss of anticipated savings; 12.3.6 12.3.1.6 loss of profits; or 12.3.7 12.3.1.7 any indirect, consequential or special losses; whether or not Digital Origin Guru Technology knew or ought to have known that such losses or damages might be incurred. 12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital OriginGuru Technology, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin Guru Technology on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 Nothing in these Conditions excludes or restricts either party’s liability for: 12.5.1 12.5.1.1 death or personal injury resulting from that party’s negligence or its employee’s, agent’s or subcontractor’s negligence (while acting in the course of their employment); 12.5.2 12.5.1.2 any fraud, fradulent misrepresentation or fraudulent misstatement; 12.5.3 12.5.1.3 any indemnity given under the Contract; and/or 12.5.4 12.5.1.4 for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin Guru Technology (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s cause of action is permanently barred. 13 CLIENT’S INDEMNITY 13.1 Without prejudice to any other rights of Guru Technology, the Client shall indemnify and hold harmless Guru Technology against all Losses arising from or in connection with any use or misuse of the Service by the Client in breach of clause 6.6.: a) breach by the Client of any warranties, undertakings and/or representations given under the Contract and/or any failure to comply with any responsibilities and/or liabilities of the Client set out in the Contract; and/or b) injury and/or damage suffered or incurred by or to any of Guru Technology’s (or any of its contractor’s) employees and/or equipment whilst on the Site.

Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin Guru Technology makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded. If the Client is a consumer, this shall be without prejudice to its statutory rights. 12.2 Subject to conditions 5.4.7, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital Origin’s Guru Technology's liability, arising under or in connection with the this Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s 's sole and exclusive financial remedy for any failure by Digital Origin Guru Technology to comply with any applicable Service Levels. 12.3 Subject to condition 12.5, under no circumstances shall Digital Origin Guru Technology be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly: 12.3.1 12.3.1.1 loss of revenue; 12.3.2 12.3.1.2 loss of business; 12.3.3 12.3.1.3 loss of contracts; 12.3.4 12.3.1.4 loss of, damage to or corruption of data; 12.3.5 12.3.1.5 loss of anticipated savings; 12.3.6 12.3.1.6 loss of profits; or 12.3.7 12.3.1.7 any indirect, consequential or special losses; whether or not Digital Origin Guru Technology knew or ought to have known that such losses or damages might be incurred. 12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital OriginGuru Technology, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin Guru Technology on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 Nothing in these Conditions excludes or restricts either party’s 's liability for: 12.5.1 12.5.1.1 death or personal injury resulting from that party’s 's negligence or its employee’s's, agent’s 's or subcontractor’s 's negligence (while acting in the course of their employment); 12.5.2 12.5.1.2 any fraud, fradulent misrepresentation or fraudulent misstatement; 12.5.3 12.5.1.3 any indemnity given under the Contract; and/or 12.5.4 12.5.1.4 for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin Guru Technology (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s 's cause of action is permanently barred. 13.1 Without prejudice to any other rights of Guru Technology, the Client shall indemnify and hold harmless Guru Technology against all Losses arising from or in connection with any use or misuse of the Service by the Client in breach of clause 6.6.: a) breach by the Client of any warranties, undertakings and/or representations given under the Contract and/or any failure to comply with any responsibilities and/or liabilities of the Client set out in the Contract; and/or b) injury and/or damage suffered or incurred by or to any of Guru Technology's (or any of its contractor's) employees and/or equipment whilst on the Site.

Warranties and Limitation of Liability. 12.1 11.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin Comstar Services Ltd makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or and Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, for those warranties which by reason of such statute or other direction, regulation or governmental authority cannot be lawfully excluded. 12.2 11.2 Subject to conditions 5.4.7condition 11.5, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital OriginComstar Services Ltd ’s liability, arising under or in connection with the Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, liability to the Client Customer in respect of one incident or series of connected incidents in any Year shall be limited one year, exceed 110% of the Price paid for Equipment and Installation Services and/or the Charges paid for Services (as the case may be) for the relevant Equipment and Installation Services and/or Services to which the claim or claims relate in the 12 months prior to the lesser of date on which the Contract Spend in a Year claim or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin to comply with any applicable Service Levelsclaims arose. 12.3 Subject to condition 12.5, under 11.3 Under no circumstances shall Digital Origin Comstar Services Ltd be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectlyany: 12.3.1 (a) loss of revenue; 12.3.2 (b) loss of business; 12.3.3 (c) loss of contracts; 12.3.4 loss of, damage to or corruption of data; 12.3.5 (d) loss of anticipated savings; 12.3.6 (e) loss of profits; or 12.3.7 (f) any indirect, consequential or special losses; whether or not Digital Origin Comstar Services Ltd knew or ought to have known that such losses or damages might be incurred. 12.4 11.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, including without limitation, limitation in respect of Network Services supplied by Digital OriginComstar Services Ltd , the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin Comstar Services Ltd on which it was reliant for the purposes of the ContractContract (whether in breach of contract or otherwise), any act of Act Of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 11.5 Nothing in these Conditions excludes or restricts either party’s liability forliability: 12.5.1 (a) for death or personal injury resulting from that party’s negligence or its employee’s, agent’s or subcontractor’s negligence (while acting in the course of their employment); 12.5.2 (b) any fraud, fradulent misrepresentation or proven fraudulent misstatementmisrepresentation; 12.5.3 (c) any indemnity given under the Contract; and/or 12.5.4 (d) for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s cause of action is permanently barred.

Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin AiMTECH Business Services makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded. 12.2 Subject to conditions 5.4.7, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital Origin’s AiMTECH Business Services’ liability, arising under or in connection with the Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin AiMTECH Business Services to comply with any applicable Service Levels. 12.3 Subject to condition 12.5, under no circumstances shall Digital Origin AiMTECH Business Services be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly: 12.3.1 loss of revenue; 12.3.2 loss of business; 12.3.3 loss of contracts; 12.3.4 loss of, damage to or corruption of data; 12.3.5 loss of anticipated savings; 12.3.6 loss of profits; or 12.3.7 any indirect, consequential or special losses; whether or not Digital Origin AiMTECH Business Services knew or ought to have known that such losses or damages might be incurred. 12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital OriginAiMTECH Business Services, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin AiMTECH Business Services on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 Nothing in these Conditions excludes or restricts either party’s liability for: 12.5.1 death or personal injury resulting from that party’s negligence or its employee’s, agent’s or subcontractor’s negligence (while acting in the course of their employment); 12.5.2 any fraud, fradulent misrepresentation or fraudulent misstatement; 12.5.3 any indemnity given under the Contract; and/or 12.5.4 for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin AiMTECH Business Services (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s cause of action is permanently barred.

Warranties and Limitation of Liability. 12.1 Unless otherwise stated in these Conditions (or any relevant Service Specific Conditions) Digital Origin Ezee Business Solutions makes no warranty in respect of the supply of Equipment and/or Leased Equipment and/or Services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a Contract for the supply of Equipment and/or Services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot be lawfully excluded. 12.2 Subject to conditions 5.4.7, 12.3 and 12.5: 12.2.1 in no circumstances shall Digital OriginEzee Business Solutions’s liability, arising under or in connection with the Contract and whether in contract, tort (including without limitation negligence), breach of statutory duty or otherwise, to the Client in respect of one incident or series of connected incidents in any Year shall be limited to the lesser of the Contract Spend in a Year or £100,000 (one hundred thousand pounds); and 12.2.2 the Service Credits shall be the Client’s sole and exclusive financial remedy for any failure by Digital Origin Ezee Business Solutions to comply with any applicable Service Levels. 12.3 Subject to condition 12.5, under no circumstances shall Digital Origin Ezee Business Solutions be liable in any event under or in connection with the Contract and whether in contract, tort (including negligence) or otherwise for any of the following losses whether or not they are incurred directly or indirectly: 12.3.1 loss of revenue; 12.3.2 loss of business; 12.3.3 loss of contracts; 12.3.4 loss of, damage to or corruption of data; 12.3.5 loss of anticipated savings; 12.3.6 loss of profits; or 12.3.7 any indirect, consequential or special losses; whether or not Digital Origin Ezee Business Solutions knew or ought to have known that such losses or damages might be incurred. 12.4 Neither party shall be liable to the other party for any breach of any provision of the Contract caused by any reason outside the control or responsibility of that party including, without limitation, in respect of Network Services supplied by Digital OriginEzee Business Solutions, the failure of any Carrier to provide network capacity (or any element thereof) to Digital Origin Ezee Business Solutions on which it was reliant for the purposes of the Contract, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, epidemic or pandemic, highways authorities, or other competent authorities. 12.5 Nothing in these Conditions excludes or restricts either party’s liability for: 12.5.1 death or personal injury resulting from that party’s negligence or its employee’s, agent’s or subcontractor’s negligence (while acting in the course of their employment); 12.5.2 any fraud, fradulent misrepresentation or fraudulent misstatement; 12.5.3 any indemnity given under the Contract; and/or 12.5.4 for anything for which the parties cannot at law limit or exclude their liability. 12.6 The Client agrees that any cause of action that it may have against Digital Origin Ezee Business Solutions (including its affiliates, directors, officers, agents, consultants and employees) must commence within one (1) year after the cause of action arose, otherwise, the Client’s cause of action is permanently barred.