LIMITATION OF LIABILITY

We will not be liable to you, and you will not be liable to us, in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect or consequential loss, damage or expense of any kind arising under or in respect of this agreement. This includes any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused. Our liability to you is limited to the cost of making good any physical damage to your equipment resulting directly from our negligence or willful acts or omissions. We will not be liable to you for loss or damage to or corruption of any software, electronic data, electronic communication or electronically stored data, or the cost of retrieving, restoring or recreating data, communications, records or files. Our liability to you is further limited as set out below. Our liability to you in any year in contract, tort (including negligence), breach of statutory duty or otherwise (including for any physical damage referred to above) is limited to the fees payable to us by you for that service in that year. Your liability to us is limited to the cost of making good any physical damage to our equipment, Our network or a third part network arising directly from your negligence or wilful act or omission. This clause does not affect your liability to pay the fee in full to us. Our liability to you in any year in contract, tort (including negligence), breach of statutory duty or otherwise (including for any physical damage referred to above) is limited to the fees payable to us by you for that service. We are not liable to any person other than you in connection with this agreement or the services. You will indemnify us against all claims made by any person other than you against us in connection with or arising from this agreement or your or the other persons use of the services, or services that that person acquires from You that are based on or dependent on the services we provide to you. You acknowledge and agree that you have selected the services in reliance on your own assessment of whether the services meet your business, customer and end-user requirements. We will not have any liability for any Impairment: Of less than 20 seconds in duration; or Which is outside of our network or a third party network that we use to provide the service; or That does not materially adversely affect the service that you receive; or Under a service release or emergency maintenance; or Resulting from any act or omission by you or anyone You are responsible for, unless that act or omission was on our instructions; or Due to force majeure; or Arising from your failure to comply with this agreement; or Due to us being unable to access your sites and your equipment, except where caused by our failure to comply with your reasonable security and other requirements for access; or To the extent to which, in our reasonable opinion, We must delay restoring the service in order to comply with health & safety laws or safe work practices.

TERMINATION OF AGREEMENT
If we breach this agreement, You will give us written notice of the breach to support@thecomputercentre.co.nz. If we do not fix the breach within 10 business days after we receive the notice, you may do one or more of the following things (without limiting any other right or remedy you may have): Suspend payment of the fee for the affected service/s until we fix the breach, or Terminate this agreement. If either you or we terminate this agreement, this does not affect any obligations and rights that exist at the date this agreement is terminated. If we suspend the service as a result of a breach by you, you must continue to pay the fee until this agreement is terminated. Following the expiry or termination of this agreement: All fees and other amounts outstanding or incurred prior to the date of expiry or termination will become immediately due and payable; and You will give us (or any third party network operator) access to your sites as necessary for us to recover our equipment.