10.1 The Customer agrees that it has accepted these terms and conditions in the knowledge that Pro Drive IT’s liability is limited and that the Charges have been calculated accordingly. The Customer is advised to make its own insurance arrangements if it desires to limit further its exposure to risk or if it requires further or different cover. Pro Drive IT will be willing to provide reasonable assistance to the Customer if the Customer requests Pro Drive IT to make enquiries about increasing cover on the Customer’s behalf provided that the Customer recognises that this will result in increased charges being passed on to the Customer.
10.2 Pro Drive IT will indemnify the Customer for direct physical injury or death caused by the negligence of its employees acting within the course of their employment and the scope of their authority.
10.3 Pro Drive IT will indemnify the Customer for direct damage to property caused by the negligence of its employees acting within the course of their employment and the scope of their authority. The total liability of Pro Drive IT under this sub-clause will be limited to £100,000 for any one event or series of connected events.
10.4 Subject to clauses 10.2 and 10.3, Pro Drive IT’s liability for any breach of this Agreement will be limited in the aggregate of damages, costs, fees and expenses capable of being awarded to the Customer to a refund of the Charges paid by the Customer to Pro Drive IT for the Products concerned. In no event will Pro Drive IT be liable for any costs of procurement of substitute Products.
10.5 Except as expressly stated in this Agreement, Pro Drive IT disclaims all liability in contract or in tort (including negligence or breach of statutory duty) to the Customer in connection with these terms and conditions including but not limited to liability for loss of profits whether in the course of the Customer’s business or otherwise, or arising from loss of data, and in no event will Pro Drive IT be liable to the Customer for special, indirect, incidental or consequential damages.
10.6 The Customer shall indemnify and defend Pro Drive IT and its employees in respect of any liability, claim, loss, damage, cost or expense of any kind caused directly or indirectly, by any negligent act or omission by the Customer, or by any claims arising from loss of data for any reason or any failure by the Customer to maintain adequate current licences for the Software..
10.7 The Customer will indemnify Pro Drive IT for any costs, fines or expenses incurred by Pro Drive IT as a result of connection of any Product or apparatus of any telecommunications utility Pro Drive IT in breach of any statutory regulations through no fault of Pro Drive IT.
10.8 The parties agree that the Customer is the best judge of the value and importance of the data held on the Customer’s computer systems, and the Customer will be solely responsible for:
(a) Instituting and operating all necessary back-up procedures, for its own benefit, to ensure that data integrity can be maintained in the event of loss of data for any reason;
(b) Taking out any insurance policy or other financial cover for loss or damage which may arise from loss of data for any reason.