How are liability terms regulated?

Last updated: November 16, 2020

The liability matters are regulated in the general terms for the service contract (section 10) which is concluded between the partnership and the end-customer.

According to this, the liability of the Contractor (incl. Xolo and you) is limited to the maximum extent permitted by the Estonian laws.

The Contractor is not liable for the loss of profit, indirect loss and non-patrimonial damage, incl. any indirect or consequential damages. The total liability of the Contractor for any kind of damages is in any case limited to 20% of the payment amount to the Contractor under the Service Scope (with the exclusion of any taxes and coverage of costs, if applicable) in connection with which the damage in question has occurred, but not more than EUR 1,000. The limitation is not applied in case of deliberate or gross negligent breaches. This limit applies also to the possible breach of intellectual property obligations.

Please note that when the end-customer requires conclusion of NDA (non-disclosure agreement) or DPA (data processing agreement), you personally need to agree relevant liability matters with the end-customer.

If necessary, Xolo can provide you relevant document drafts, but these cannot be attributed to Xolo either partnership.

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