Service Level Agreement

13. Liability Boundary

13.1 Limitation of Liability

Subject to Clause 13.3 and the Subscription Agreement, the Service Provider’s aggregate financial liability under this SLA for failure to meet an Availability or response target is limited to the SLA Credits and the termination and refund rights expressly provided under Clause 9, provided that this Clause does not operate to exclude every remedy for that failure where no SLA Credit and no right under Clause 9 is available to the Subscriber in respect of it.

13.2 Exclusion of Damages

Subject to Clause 13.3 and the Subscription Agreement, the Service Provider shall not be liable under this SLA for indirect, incidental, consequential, punitive, exemplary, or special damages, including loss of profit, revenue, opportunity, goodwill, reputation, business, use, or data.

13.3 Carve-Outs

Nothing in this SLA shall exclude or limit liability to the extent such liability cannot be excluded or limited under applicable law. Any additional exclusions from limitation of liability, liability caps, indemnities, or special liability arrangements shall be governed by the Subscription Agreement.

13.4 Interaction with Subscription Agreement

(a) This Clause 13 shall be read together with the corresponding limitation and indemnity provisions of the Subscription Agreement.

(b) If this Clause 13 conflicts with an express liability provision in the Subscription Agreement, the Subscription Agreement shall prevail to the extent of the conflict.