Common use of Limited Liability Clause in Contracts

Limited Liability. 12.1. Visma is not in any way liable for the content or ownership of the Data. 12.2. Visma is not in any way liable for any Instructions for Data Processing or other activity by the Customer’s Users. 12.3. If Visma is held responsible for the payment of compensation to the Customer as a result of breach of any of the obligations specified in the TOS, such compensation shall not under any circumstances include compensation for indirect or consequential losses or damages of any kind that arise as a result of or in connection with such a breach, including but not limited to any loss of Data, production, revenue or profit or third party claims or governmental sanctions, even in the event the Customer has been advised as to the possibility of such damages. Visma’s liability under the TOS is limited to direct damages, except as provided otherwise by mandatory provisions of law, such as damages caused by gross negligence or wilful misconduct. Any refunds and compensations for direct losses and costs during any 12 month period shall in total not exceed an amount equalling 12 months’ Subscription fees for the Services during the same period.