Warranties and Indemnities
1.7 The Client confirms that it is expressly understood and agreed that in planning and buying the Clients’ digital media activity, the Agency shall use its best endeavors to ensure the accuracy of all estimated and target figures relating to:
the number, proportion or type of people likely to be exposed to the Advertising;the number of exposures each person is likely to receive; and
the cost of achieving these exposures.
1.8 Since these are matters which are ultimately beyond the Agency’s control, no warranties can be given by the Agency as to the accuracy of such estimates/targets or as to the figures actually occurring and no liability shall attach to the Agency in respect of any losses suffered by the Client or by any third party by reason of the Client’s reliance on such estimates/targets.
2 Limitation of Liability
the Agency’s maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed [the total remuneration payable to the Agency hereunder during the preceding 3 months; andthe Agency will not be liable under this Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
2.2 This Agreement states the full extent of the Agency’s obligations and liabilities in respect of the Advertising and the performance of the Services. The parties agree that any condition, warranty representation or other term concerning the Advertising and/or the performance of the Services which might otherwise be implied into or incorporated in this Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
3 Dispute Resolution
4 Project Management
4.2 If customer does not answer questions within 72 hours, the order may be considered complete, and 100% non-refundable.