Common use of Indemnifications, Limitation of Liabilities, Warranties Clause in Contracts

Indemnifications, Limitation of Liabilities, Warranties. Without derogating from or limiting the general nature of clause 7 of the Service Agreement, the Client hereby indemnifies and holds SYNAQ harmless against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from: − Misconfigurations by the Client of email servers irrespective of whether SYNAQ has instructed the Client or Users on how to configure such servers unless SYNAQ is the Client’s appointed Email Service Provider, and has attended to the above configurations; − SYNAQ’s third party dependencies for the provision of the Service including without limitation: Internet connectivity, power, air conditioning at the hosting facility; − Actual delivery of outbound email to final destination due to circumstances beyond SYNAQ’s control including without limitation: unavailability of the destination server, the email recipient address is incorrect/ does not exist, the User has exceeded the limits placed on use of the Service, spam filtering The maximum liability of SYNAQ to the Client in terms for any one event or series of connected events above, shall in accordance with the provisions of the Service Agreement. SYNAQ CLOUD MAIL

Appears in 4 contracts

Samples: Synaq Master Services Agreement, Synaq Master Services Agreement, Synaq Master Services Agreement

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Indemnifications, Limitation of Liabilities, Warranties. Without derogating from or limiting the general nature of clause 7 of the Service Agreement, the Client hereby indemnifies and holds SYNAQ harmless against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from: − Errors by the Client when requesting or effecting changes to the Domain Name System and any resulting delay, rejection or loss of email; − Misconfigurations by the Client of destination email servers and/or firewalls irrespective of whether SYNAQ has instructed the Client or Users on how to configure such servers or firewalls unless SYNAQ is the Client’s appointed Email Service Provider, and has attended to the above configurations; − SYNAQ’s third party dependencies for the provision of the Service including without limitation: Internet connectivity, power, air conditioning at the hosting facility; − Viruses ,Spam and phishes received by the Client notwithstanding use of SYNAQ Securemail; − Actual delivery of outbound email to final destination due to circumstances beyond SYNAQ’s control including without limitation: unavailability of the destination server, the email recipient address is incorrect/ does not exist, the User has exceeded the limits placed on use of the Service, spam filtering filtering) The maximum liability of SYNAQ to the Client in terms for any one event or series of connected events above, shall in accordance with the provisions of the Service Agreement. SYNAQ CLOUD MAILCONTINUITY

Appears in 2 contracts

Samples: Synaq Master Services Agreement, Synaq Master Services Agreement

Indemnifications, Limitation of Liabilities, Warranties. Without derogating from or limiting the general nature of clause 7 of the Service Agreement, the Client hereby indemnifies and holds SYNAQ harmless against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from: − Errors by the Client when requesting or effecting changes to the Domain Name System and any resulting delay, rejection or loss of email; − Misconfigurations by the Client of destination email servers and/or firewalls irrespective of whether SYNAQ has instructed the Client or Users on how to configure such servers or firewalls unless SYNAQ is the Client’s appointed Email Service Provider, and has attended to the above configurations; − SYNAQ’s third party dependencies for the provision of the Service including without limitation: Internet connectivity, power, air conditioning at the hosting facility; − Viruses, Spam and xxxxxxx received by the Client notwithstanding use of SYNAQ Securemail; − Actual delivery of outbound email to final destination due to circumstances beyond SYNAQ’s control including without limitation: unavailability of the destination server, the email recipient address is incorrect/ does not exist, the User has exceeded the limits placed on use of the Service, spam filtering filtering) The maximum liability of SYNAQ to the Client in terms for any one event or series of connected events above, shall in accordance with the provisions of the Service Agreement. SYNAQ CLOUD MAIL.

Appears in 1 contract

Samples: Synaq Master Services Agreement

Indemnifications, Limitation of Liabilities, Warranties. Without derogating from or limiting the general nature of clause 7 of the Service Agreement, the Client hereby indemnifies and holds SYNAQ harmless against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from: − Errors by the Client when requesting or effecting changes to the Domain Name System and any resulting delay, rejection or loss of email; − Misconfigurations by the Client of destination email servers and/or firewalls irrespective of whether SYNAQ has instructed the Client or Users on how to configure such servers or firewalls unless SYNAQ is the Client’s appointed Email Service Provider, and has attended to the above configurations; − SYNAQ’s third party dependencies for the provision of the Service including without limitation: Internet connectivity, the Service, power, air conditioning at the hosting facility; − Viruses, Spam and phishes received by the Client notwithstanding use of SYNAQ Securemail; − Actual delivery of outbound email to final destination due to circumstances beyond SYNAQ’s control including without limitation: unavailability of the destination server, the email recipient address is incorrect/ does not exist, the User has exceeded the limits placed on use of the Service, spam filtering filtering) The maximum liability of SYNAQ to the Client in terms for any one event or series of connected events above, shall in accordance with the provisions of the Service Agreement. SYNAQ CLOUD MAILCONTINUITY

Appears in 1 contract

Samples: Synaq Master Services Agreement

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Indemnifications, Limitation of Liabilities, Warranties. Without derogating from or limiting the general nature of clause 7 of the Service Agreement, the Client hereby indemnifies and holds SYNAQ harmless against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from: − Errors by the Client when requesting or effecting changes to the Domain Name System and any resulting delay, rejection or loss of email; − Misconfigurations by the Client of destination email servers and/or firewalls irrespective of whether SYNAQ has instructed the Client or Users on how to configure such servers or firewalls unless SYNAQ is the Client’s appointed Email Service Provider, and has attended to the above configurations; − SYNAQ’s third party dependencies for the provision of the Service including without limitation: Internet connectivity, power, air conditioning at the hosting facility; − Viruses, Spam and phishes received by the Client notwithstanding use of SYNAQ Securemail; − Actual delivery of outbound email to final destination due to circumstances beyond SYNAQ’s control including without limitation: unavailability of the destination server, the email recipient address is incorrect/ does not exist, the User has exceeded the limits placed on use of the Service, spam filtering filtering) The maximum liability of SYNAQ to the Client in terms for any one event or series of connected events above, shall in accordance with the provisions of the Service Agreement. SYNAQ CLOUD MAIL.

Appears in 1 contract

Samples: Synaq Master Services Agreement

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