21. Liability and Warranty
- Service Standards: SALMAN INNOVATIONS LTD applies due care. Warranty is excluded except for defects caused intentionally or by gross negligence.
- Non-Warranty Services: Rectifying disturbances not caused by SALMAN INNOVATIONS LTD is chargeable.
- Limitation of Liability: Liability is limited to intent, gross negligence, and personal injury.
- £10,000
- 20% of annual service fee
Data loss liability is capped at the lower of:
This limitation applies only to B2B contracts and does not affect statutory consumer rights.
22. Exclusion of Set-Off
The customer may only set off claims with counterclaims acknowledged in writing by SALMAN INNOVATIONS LTD or established by a court of competent jurisdiction.
23. Third-Party Software
We are not liable for errors or failures in third-party software. Our responsibility is limited to exercising reasonable due diligence in selecting and integrating third-party providers. This clause applies only to B2B contracts. Consumer statutory rights remain unaffected.
24. SALMAN INNOVATIONS LTD Software
- Usage Rights: The customer receives a non-exclusive, non-transferable right to use the software on the designated system.
- Retention of Rights: All rights remain with SALMAN INNOVATIONS LTD.
- License Scope: License is non-transferable and applies only to the agreed user count/sites.
- Audit Rights: We may conduct annual license compliance checks.
- Provision of Software: Provided electronically, with documentation if available. Installation is extra.
- Unauthorized Use: Unauthorized use entitles us to claim damages equal to standard license fees and reasonable investigation costs.
- Conditional License Grant: Full payment is mandatory for continued usage rights.
- Termination: Licenses auto-terminate 60 days after contract end. Recurring contracts can be ended with three months’ notice at the end of the year.
- Warranty: 1-month period for reproducible errors (without prejudice to statutory rights).
API Usage: Excess API usage (>1,000 requests per day) may result in rate limiting or temporary suspension of API access.
25. Hosting and Maintenance (SLA)
- Duration and Renewal: Hosting or maintenance covers 12 months, renewing automatically unless terminated with three months’ notice. No pro-rata refund for early termination.
- SLA Uptime:SALMAN INNOVATIONS LTD targets a 99.9% service uptime but cannot guarantee uninterrupted operation or operation at a specific time.
- Data Integrity: No liability for accidental disclosure, damage, or deletion of data.
- Third-Party Damages: Not liable for damages caused by external providers or third parties.
- Early Termination: If the customer cancels before service operation, incurred costs are due in full.
- Contract Termination Costs: If SALMAN INNOVATIONS LTD terminates due to breach, the customer owes all incurred costs.
- Limitation of Liability: Liability for indirect or consequential damages is excluded. SALMAN INNOVATIONS LTD reserves the right to claim damages for data crime or misuse attempts.
- Compliance with Laws: Customers must follow all applicable legal requirements, including intellectual property regulations and the UK GDPR.
26. Severability Clause
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.
27. Force Majeure
SALMAN INNOVATIONS LTD is not liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, and governmental actions.
28. Entire Agreement
These Terms constitute the entire agreement between you and SALMAN INNOVATIONS LTD regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.
29. No Waiver
The failure of SALMAN INNOVATIONS LTD to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
30. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, provided this does not materially affect your rights as a customer.
31. Notices
All notices under these Terms must be in writing and will be deemed given when delivered personally, sent by email, or sent by certified or registered mail, return receipt requested, to the address specified in these Terms.
32. Headings
The headings in these Terms are for convenience only and have no legal or contractual effect.
33. Language
These Terms are written in English. If these Terms are translated into another language, the English version will prevail in the event of any conflict or inconsistency.
34. Subcontractors
We may engage G-Cloud-registered subcontractors. For offshore processing outside UK: (a) DPA 2018 adequacy decision required (b) 14-day prior notification (c) Right to object within 5 business days
35. Acceptable Use
Prohibited uses include training AI systems in violation of theUK Copyright, Designs and Patents Act 1988 and applicable UK AI regulatory frameworks.
36. Compliance Notes
- B2B liability exclusions do not apply to:
- Fraud or willful misconduct
- Breaches of the Data Protection Act 2018
- Intentional or reckless breaches of contract
- Consumer rights: Regulation 34 CCR 2013 applies to non-custom digital content until download commences.