VIII. EXCLUSION AND LIMITATION OF WARRANTIES AND LIABILITY, REIMBURSEMENT, AND DISCLAIMS LIABILITY
VIII.1 Warranties and Liability
The parties recorded, and so expressly recognized by the user that the computer hardware and software are tools for data processing, by their nature, are subject to possible failures or interruptions, either in hardware or operation of its programs or software or configuration as such contingencies to which is also subject Computer Setup and any of its hardware or software components that the company used to provide the Processing Services. Therefore, THE COMPANY does not represent or warrant in any way that Computer Configuration, or your software or hardware will be free of any defects or errors, or that any defect or error can be corrected, or that will operate uninterrupted and error-free and, therefore, that the Prosecution Service will also provide uninterrupted and error-free or that the operations of clients served or use the Services will not be affected by interruptions or errors , nor to satisfy all customer expectations, except those requirements, transactions and objective functions specified in Annex 1. For this reason, the customer must take preventive measures usual computer activities such as having a backup system or process gaps. Accordingly, COMPANY has no liability for loss of data or information client's own or customer or third party or for other losses, damages and / or damages that may result in the person or property or customer information, their dependents, its customers or third parties, the effect of, or related to or resulting from the provision of processing services by THE COMPANY and its staff, among others, and, particularly, by interruptions, malfunctions, defects or errors in the Computer Configuration, and / or any of its components Hardware or software used by the Company, or in the execution of Processing Services or use thereof by the Customer or any of its customers, or others, responsibility which shall be wholly and exclusively to the CLIENT, except only insofar as such losses, damages and / or damages were directly and solely attributable to their own gross negligence or wrongful act or intentional conduct of the business, but limited to actual damages , direct and planned and the liability cap set forth below in this Clause.
However, under no circumstances shall the total liability of the company or its personnel to the Customer or any third party for any action or claim exceed the amount actually paid to the company for contract processing services that directly caused the Losses, damages and / or Damages, and, consequently, the maximum liability of the COMPANY and any obligation to compensate losses, damages and / or Damages under this Agreement, whether on the claims asserted by others or by the clients, whatever their nature or reason and order either contract or tort, shall be limited to a maximum cumulative total, the amount of the fees or prices the company has actually received for the provision of processing services in question to arise when the facts which cause these complaints and responsibility. Without prejudice to that stated in this paragraph, the total liability COMPANY as a result of the above in this clause shall in no case the amount of 360 UF.
COMPANY and the CLIENT state and recognize that the prices or fees and other consideration provided for the Client under this contract properly and reasonably reflect the risks and responsibilities involved and assumed by each party and the exclusions and liability limitations set forth in this clause. VIII.2
Reimbursement or Indemnity and Waiver
In case the company shall have to make any payment or payments of any kind, during or following as indicated in the preceding paragraphs, the client is obliged, from now, to pay, pay, or indemnify the Company for such securities, except insofar as such payments as a cause thine negligent actions or gross negligence of the COMPANY.
Furthermore, THE CLIENT waives, from and and explicitly, to any action, claim, demand or lawsuit against the company, its employees or its subcontractors, for any reason and any title in relation to the possible damage which may experience the Client, its servants, subcontractors, customers or others as a result or in connection with the provision of processing services contract, and in excess of the obligation or responsibility to repair VIII.1 stipulated in clause hereof. Disclaimer VIII.3
CLIENT agrees to fully indemnify COMPANY for any losses, damages to the company, its staff or contractors might suffer or that may affect result of the provision and implementation of Services Processing or arising by reason of a violation or breach or falsity of its obligation under Section IV.1 (d) of this Agreement.
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