17. Exclusion and Limitation of Liability
17.1 Planet Margate (and its directors, employees, agents, consultants or advisers) are not liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage (whether arising, or may arise out of (or the use of) the Services, under contract, delict including negligence or gross negligence or otherwise), sustained by the Customer (its directors or servants), including any loss of profits, loss of operation time, corruption or loss of information, loss of contracts, or loss of profits.
17.2 Planet Margate's total liability to the Customer will accordingly be limited to the payment of direct damages only, which direct damages will be limited to a maximum amount of
(i) three months of the Customer's base hosting fee or
(ii) R2,500, whichever is the lesser.
17.3 Planet Margate's liability for direct damages under clause 17.2 will be excluded where the liability results or may result from the Customer's use of any third party services or products accessible or used in conjunction with the Services, but which are not provided by Planet Margate.
17.4 This clause will apply even if Planet Margate may have been advised of the possibility of the loss or damage being incurred prior to its occurrence.
