The flow of data over the Internet and through Platinum facilities is often provided or controlled by third parties. Platinum cannot be held liable for any loss or damage to the customer arising from the actions of third parties. Subject to any other provisions of this agreement, Platinum will not be liable to the customer in any way whatsoever for any lost revenue, loss of profits, replacement goods, loss of technology rights or services, incidental, punitive, indirect or consequential damages, loss of data, interruption or loss of use of service, whether advised of the possibility of such damages or not, whether under contract, tort (including negligence) or strict liability or otherwise.

Notwithstanding anything contrary in this agreement, Platinum’s maximum aggregate liability to a customer related to or in connection with the provision of the services under this agreement, is limited to the agreed fee and where this is paid on an instalment basis, to the amount of the first instalment paid by the customer.

The customer agrees to indemnify Platinum, its officers, staff , contractors and suppliers from a claim from any of the customer’s customers, or any third party, arising from the Customer’s use or misuse of the services.