a. Company will use commercially reasonable efforts to make our services available 24 hours a day, 7 days a week, except for planned downtime or unforeseen circumstances such as force majeure events.
b. Company shall provide Client with prompt notice of any scheduled downtime.
a. Company shall use commercially reasonable efforts to prevent the loss of Client’s data.
b. In the event of data loss, Company shall use commercially reasonable efforts to restore Client’s data as soon as practicable.
Limitation of Liability
a. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF USE, ARISING OUT OF OR IN CONNECTION WITH ANY OUTAGE OR LOSS OF DATA.
b. EXCEPT FOR DAMAGES ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE MAXIMUM LIABILITY OF COMPANY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID OR PAYABLE BY CLIENT TO COMPANY FOR THE USE OF OUR SERVICE IN THE 2 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
a. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a force majeure event.
b. A force majeure event includes, without limitation, acts of God, natural disasters, war, civil unrest, strikes, and government actions.
a. Company shall maintain backups of Client’s data as set forth in our backup policy.
b. Company shall not be liable for any loss of data if such loss is attributable to Client’s failure to maintain its own backups of its data.
a. Company shall promptly notify Client in the event of any outage or loss of data.
b. Company shall provide Client with regular updates on the status of any outage or loss of data.
a. This Outage or Loss of Data Policy shall be governed by and construed in accordance with the laws of the State of Florida.
b. Any dispute arising out of or in connection with this Outage or Loss of Data Policy shall be resolved exclusively in the state or federal courts located in Florida.
By using our software, you agree to be bound by the terms and conditions set forth in this Outage or Loss of Data Policy. If you do not agree to these terms and conditions, you should not use our software.