Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 

• your or your Personnel’s acts or omissions;  

• -any works, services, goods, materials or items which do not form part of the Services (as expressed in this invoice), or which have not been provided by us; 

• any relocation, configuration or reconfiguration of any Services by you;

• any Third-Party Inputs or Third-Party Products; or

• any event outside of our reasonable control (including a fault, defect, error or omission in the Computing Environment or Customer Data).

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

• we will not be liable for Consequential Loss;

• a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel); and

• our maximum aggregate Liability arising from or in connection with the invoice (including the Services or the subject matter of the invoice) will be limited to, and must not exceed in the aggregate for all claims the total amount of the Price you paid to us (and retained by us) in the period directly preceding the date on which such Liability arose, with such period not to exceed 3 months. 

Indemnity For Liability to Third Parties

You agree to indemnify Layered Technology against all liabilities, claims, costs and expenses collectively referred to as “Loss” (including any GST payable by Layered Technology on amounts paid by you under this indemnity) incurred by Layered Technology in respect of any claim by a third party which is related to, arises out of, or is in any way associated with the Services or this engagement including any breach of this agreement or any negligent, wrongful or willful act or omission by you