UQBITZ will not be liable for any indirect, incidental, special, consequential or punitive damages, including, but not limited to:
- Loss of profits or loss of revenue;
- Loss of data, when CLIENT does not maintain its own backup copies;
- Business interruption;
- Damage to reputation or image;
- Losses arising from acts of third parties unrelated to the infrastructure operated by UQBITZ;
- Expectations of commercial results not achieved.
In any case, UQBITZ's total liability, regardless of the basis of the claim, will be limited to the amount actually paid by CLIENT in the 12 (twelve) months prior to the event that gave rise to the claim, considering exclusively the service directly related to the incident.
For the purposes of this clause, the services are considered independent of each other, so that any failure in one service does not affect or communicate with the other contracted services.
CLIENT recognizes that the values practiced by UQBITZ are compatible with the limitations of liability established here, and that the absence of such limitations would imply significantly higher prices.
CLIENT must notify UQBITZ of any failure, disputed charge, unavailability or other relevant event as soon as CLIENT becomes aware of it, providing the information reasonably necessary for investigation and preservation of evidence.
Late notice may impair technical investigation or recovery of records subject to ordinary retention, but it does not waive rights or shorten any applicable statutory complaint, limitation or prescription period, particularly where a consumer relationship exists.
The limitations set out in this clause do not apply in cases of proven intent or gross negligence, or when the limitation is prohibited by law.