Liability and Indemnity
We will perform the services with reasonable skill and care and acknowledge that we will be liable to you for any loss, damage, costs and/or interest (“loss”) caused by our negligence or breach of contract, subject to the following provisions:
(i) We will not be liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any other person;
(ii) We will not be responsible for any consequential loss howsoever caused;
(iii) Where any loss is suffered by you for which we would otherwise be jointly and severally liable with any third parties, the extent to which such loss shall be recoverable by you from us, as opposed to the third party, shall be limited so as to be in proportion to our contribution to the overall fault for such damage or loss, as agreed between the parties, or in the absence of agreement, as finally determined by an English Court.
Nothing in this paragraph is intended to exclude or limit our liability for fraud or for any other acts or losses that cannot lawfully be excluded or limited.
Provision of Service Regulations 2009
In order to comply with the Provision of Services Regulations 2009, the firm’s professional indemnity insurance is provided by Omnyy LLP registered in England & Wales at The St Botolph Building, 138 Houndsditch, London, EC3A 7AG. Company number: OC359366. Omnyy LLP and the Lloyd’s Managing Agents of the Syndicates on whose behalf they underwrite are authorised and regulated by the Financial Conduct Authority (FCA). The policy is administered by Omnyy LLP and underwritten by Accelerant Insurance Europe SA, Bastion Tower, Level 20, Place du Champ de Mars 5, 1050 Brussels. This professional indemnity insurance provides worldwide coverage, excluding professional business carried out from an office in the United States of America or Canada, and any action for a claim bought in any court in the United States of America or Canada.