Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot lawfully be limited; or (d) the obligation of either party to pay sums properly due under these Terms.
Subject to the carve-outs above, each party's aggregate liability arising out of or in connection with these Terms (whether in contract, tort including negligence, breach of statutory duty, or otherwise) is limited to the total Fees paid by the Customer to YionStack in the 12 months immediately preceding the event giving rise to the liability.
Subject to the carve-outs above, neither party is liable to the other for any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of anticipated savings, or loss of goodwill.
This clause is intended to be enforceable as a reasonable allocation of risk between two commercial parties for the purposes of the Unfair Contract Terms Act 1977.