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This e-mail is intended for the addressee above only. We would like to protect the Privacy and information of the person for whom the email is intended. It is confidential, legally privileged and protected by law. The person addressed in the e-mail is the sole authorised recipient. Please notify sender immediately if it has unintentionally reached you and delete the e-mail. Please note that copying, disseminating or taking any action based on the above information by anyone not intended as the
recipient is unlawful. The sender cannot assure that the integrity of this communication has been maintained nor that it is free of errors, virus, interception or interference.
Introduction
In addition to the General Terms, these terms and conditions govern the use of the Liquid Binary domain registration and hosting services. By contracting with Liquid Binary for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
Domain Registration
Liquid Binary registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). Liquid Binary may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.
Liquid Binary’s hosting and free registration is sold as a bundled package and cannot be separated, i.e. Liquid Binary will not pay for registration if it is not combined with any of their hosting products.
The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Liquid Binary may post links to these terms and conditions on the Liquid Binary Website purely as a convenience to the Client.
Where Liquid Binary is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. Liquid Binary will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.
Liquid Binary will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Liquid Binary cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
Free Domain Registration
Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with Liquid Binary for a reasonable period. Liquid Binary reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at Liquid Binary’s sole discretion.
Liquid Binary reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at Liquid Binary’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice Liquid Binary’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.
Liquid Binary will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and Service Agreement, as well as possible further action to recover applicable costs from the Client.
Liquid Binary only offers Free Domain registration for “.co.za” domains with new hosting package signups, or Domain Parking offered as a “Free Gift” in ClientZone. Other TLDs or gTLDs are not included in the Free Domain Registration offer. Liquid Binary will register domains as per the clauses above, but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Liquid Binary will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Liquid Binary with the registrar concerned.
Domain Transfer
Liquid Binary will transfer existing (registered) domains from existing hosting providers to Liquid Binary’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Liquid Binary from any disputes regarding ownership of the domain and any claims as a result thereof.
Cancellation
Cancellation will be dealt with as per the General Terms.
Cancellation, by the Client or Liquid Binary, will result in any data being permanently removed from Liquid Binary’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Liquid Binary will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Liquid Binary will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
Payment and Payment Terms
Payment will be dealt with as per the General Terms.
In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.
80% Deposit payable on acceptance of quotation.
A maximum of 5 revisions per site unless other wise stipulated by Liquid Binary.
On completion of site, 5 days will be granted for testing of the site and submission of defects and feedback.
If defects are given through within the 5 day testing period an additional day of testing will be allowed.
Any changes requested after 5 day period will be charged at an normal hourly rate.
A maximum duration of 3 weeks will be allocated to Liquid Binary test environment “dryrun.co.za” site may be charged a weekly rate thereafter.
Site will go live once account is paid in full.
Liability for Registration and Use of Domain Names
Liquid Binary has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
Liquid Binary reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Liquid Binary will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.
The Client indemnifies Liquid Binary by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.
Liquid Binary cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Liquid Binary may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Liquid Binary shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Liquid Binary and Liquid Binary will have no further obligations to the Client. In such instance the Client shall be entitled to continue using the Domain Name registered for the Client by Liquid Binary until a court or other body with jurisdiction directs otherwise.
Hosting Services
Liquid Binary does NOT provide SMTP mail services by default with shared hosting packages.
Liquid Binary reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
Liquid Binary reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.
Liquid Binary reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Liquid Binary Server to ensure compliance with this Agreement, Liquid Binary’s AUP, or any applicable laws regulations or codes of practice.
The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.
Backups
Clients are solely responsible for backing up their data and Liquid Binary strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Liquid Binary will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
Liquid Binary may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, Liquid Binary does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
Clients are ultimately responsible for their own data, and Liquid Binary strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
Liquid Binary also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by Liquid Binary by instruction from Clients or by Clients themselves.
Liquid Binary will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.
Dedicated Servers
Liquid Binary provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with Liquid Binary at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to Liquid Binary property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application with a minimum of 24 hours notice. Liquid Binary, at its discretion, may refuse such requests within reason.
99% Website Uptime Guarantee
Liquid Binary guarantees that its hosting services will attain 99% availability, subject to the following.
The 99% website uptime guarantee is applicable only if the web server on which a Client’s web hosting service resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the Client and the web server which prevents the Client from seeing the web server, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server Liquid Binary hosts is still up, Liquid Binary is not responsible for the Client not being able to reach their website.
Liquid Binary is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved 100% uptime.
The 99% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Liquid Binary web servers. If there is scheduled maintenance to be done the Client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
5The 100% uptime guarantee does not apply if Liquid Binary suspends the Client’s Service as allowed in terms of this Agreement.
Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to Liquid Binary for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.
The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which Liquid Binary accepts no responsibility.
Use at Client’s Risk
Liquid Binary will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Liquid Binary network and in no way moderates such content.
Clients expressly agree that use of Liquid Binary’s Server(s) and Services are at the Client’s sole risk.
Spam/Virus Filtering
Liquid Binary provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Liquid Binary shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
Liquid Binary reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
Webmail
Webmail and other web-based email services made available by Liquid Binary are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Liquid Binary shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Liquid Binary. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
Limitation on Mail Size
Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 3000kB in size each.
Takedown Notice Procedure
17.1In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct Liquid Binary to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.
Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: [email protected]
Should Liquid Binary receive a takedown notice from ISPA, Liquid Binary will endeavour to:
1. Notify the Client in good time of the takedown notice.
2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
3. Takedown any sites or services which are included in the ISPA takedown notice.
Retention of Rights
1Liquid Binary makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of Liquid Binary and retention of data does not directly or indirectly give ownership of Liquid Binary hardware to Clients.
IP Addresses
Liquid Binary will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at Liquid Binary’s discretion and on a first come first serve basis.
Software Updates
Liquid Binary will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.
Liquid Binary will only effect software updates to Operating Systems on Managed Dedicated Servers (including cloud servers). Liquid Binary will not effect other updates on Managed or UnManaged servers, as this is not part of the service offered.
October Special 2019
October special is only valid for the month of October 2019 to sekected clients
October special is only valid for a pre determined three section site only
Clients must have confirmed 3 section website by 20th October 2019
Payment must be made by the 30th of October 2019
Any additional requirements over and above 3 sections will be quoted for accorodingly
Website Design and Rental
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Liquid Binary cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Liquid Binary during the period of rental unless the option to buy outright is exercised. Any content, media of any description and domain name remain at all times the property of the client.
Liquid Binary cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Liquid Binary cannot be made responsible for any material submitted via the CMS on the clients’ website. We reserve the right to remove such offensive content and refuse service on such site until the issue is resolved.
Liquid Binary cannot be held responsible for any validation errors in the page after the CMS has been used. This website will be fully W3C compliant when the website goes live, from the moment the client edits the website via the CMS we are no longer in control of the websites validation status.
Liquid Binary cannot be held responsible for changes in the CMS that result in a page failure, however will work with the client to rectify the error as soon as possible.
Any additions to briefs provided will be carried out at the discretion of Liquid Binary and where no charge is made by Liquid Binary for such additions, Liquid Binary accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Liquid Binary all materials required to complete the site to the agreed standard and within the set deadline.
Liquid Binary will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Liquid Binary will not be liable for any losses of monies, losses of information or website malfunction using the ecommerce system
powered by woocommerce, to view terms and conditions of woocommerce please visit https://woocommerce.com/
Please ask a member of the Liquid Binary team for a copy of the woocommerce conditions if they are for some reason unavailable to you online.
Liquid Binary will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. E.g. any disputes re content/images that have been provided to us for inclusion on the site.
Liquid Binary will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
A deposit of 50% for website purchase or a sign-up fee from R1500.00 for rental packages is required with any project before any design work will be carried out. This figure may be higher depending on the scale and skill required for the project. This will be discussed and agreed in writing before any work commences.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
A rental website remains the property of Liquid Binary during and after the rental except when the client opts to purchase the site. Site purchase fees are variable depending on various factors and will be agreed between us and the client and will also be confirmed in writing with agreement from all parties.
Cancellation
There is no minimum contract duration for a rental website, however 90 days written notice is required to cancel the agreement. Cancellation requests must be submitted to [email protected] Failure to follow our cancellation rules will mean your Liquid Binary subscription will continue to be billed. Missed or skipped payments will accrue and failure to pay may result in formal action being taken using, but not limited to, in-house demand for payment, third party debt collector proceedings, county court action being taken.
Application and Development
Where applications or sites are developed on servers not recommended by Liquid Binary, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.
Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Liquid Binary before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Liquid Binary will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Additional Maintenance & Support
Liquid Binary may charge for additional work required for any project undertaken. The rate is generally calculated on an hourly basis although this is not always the case. All charges will be agreed with the client before any action is taken.
Compatibility
Liquid Binary will endeavour to ensure that any designed site or application will function correctly when viewed in all major internet browsers. Liquid Binary can offer no guarantees of correct function with all browser software. As part of our service, we develop a free HTML mobile version of your site. This allows visitors to your site to view a basic version as we code our sites in Flash which is not always compatible with mobile devices. It also allows your site to be visible to search engines as Google and helps us rank your site. This mobile version is auto-developed and may differ to varying degrees in comparison to your online main site. The option to remove Flash entirely is optional and sites can now be designed in HTML5.
Website Hosting
Liquid Binary hosts all our sites on servers with our partners Afrohost. This is due to the way we structure our files when we build a site. Hosting must remain on our servers during and after any rental period. This means if you opt to buy your website at any point, you are obliged to host it on our own servers. For more on our hosting please refer to our website or speak to a member of our team.
Payment of Accounts
A deposit or sign-up fee is required from any new client before any work is carried out. It is the Liquid Binary policy that any outstanding
accounts for work carried out by Liquid Binary or its affiliates are required to be paid in full , no later than 7 days from the date of the invoice unless by prior arrangement with Liquid Binary.
If purchasing: Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If renting: Once the signup fee has been paid you will start your standing order payments from the first of the next month and each consecutive month thereafter on the 1st. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Once an account has exceeded a period of 7 days or more in arrears, a R100 admin charge may be added to cover admin and hosting costs incurred by Liquid Binary.
If accounts are not settled or Liquid Binary have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgments (CCJs) being added to the clients credit rating.
Following consistent non-payment of an invoice our Solicitors, a debt collection agency or both will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Rental Agreement Buy Outs: Clients opting for one of our rental packages may buy out the website at any point. The buy out price can be requested at any point and we will endevour to provide a buy out quotation within a 2-3 working day timescale. Once a website has been purchased and is no longer on one of our rental packages, the client is still obliged to use our hosting package.
Your Privacy
We never share or sell any of your details with third party companies other than our technology partners for the purpose of completing and maintaining a project.
Complaints Procedure
Informal procedure:
Anyone who experiences a problem with their web service provided by Liquid Binary should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
Liquid Binary will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure:
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Liquid Binary, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Contract Terms
The client agrees to sign with Liquid Binary with the website rental package:
CANDY / CINNAMON / FANTASIA /
For a monthly cost of:
R250/ R350 / 500 /
For a term of:
No minimum term applies – cancellation terms apply
Note: 90 days written notice for cancelation must be given when wishing to terminate a website rental agreement with Liquid Binary
The client agrees to pay a setup fee which will be agreed and confirmed by email before any work is carried out by Liquid Binary. The minimum set up fee unless otherwise stated is R1500.00 to cover initial costs. This fee is non-refundable. Any other deposit taken upfront is also non-refundable unless otherwise stated.
General Terms
REFUND & CANCELLATION POLICY
Web Design
Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Liquid Binary and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Web Development
Payments for custom web development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Liquid Binary and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Search Engine Optimization, Internet Marketing and Social Media Optimization
Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and Liquid Binary do not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by Liquid Binary in initiating services. If a project is cancelled or postponed, all monies paid are retained by Liquid Binary and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Chargebacks
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A R500 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Website Hosting
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 5 days after due date of payment not received. Liquid Binary reserves the right disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.
Disclaimers, Limitations and Indemnities
Liquid Binary will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY LIQUID BINARY IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
The Client hereby indemnifies and holds harmless Liquid Binary against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Liquid Binary has been advised of the possibility of such damages;
Liquid Binary will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
Neither Liquid Binary, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Liquid Binary’s Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Liquid Binary Server service, unless otherwise expressly stated in this Agreement.
Liquid Binary expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Liquid Binary specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Liquid Binary is not responsible if an external company network and firewall is setup to block access to services Liquid Binary provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Liquid Binary provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
Clients also hereby indemnify Liquid Binary against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Liquid Binary to share or cover such losses or liability, either directly or indirectly. Liquid Binary is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.