1. Scope
This provision applies to each separately identified software product, subscription or service supplied by the contracting 15.Group entity under an accepted order form or service agreement. Where an order form contains a negotiated liability provision, the order form takes precedence to the extent of any conflict.
2. Service-Specific Liability Cap
Subject to Section 5, the total aggregate liability of the contracting 15.Group entity arising out of or in connection with any particular software product, subscription or service, whether in contract, tort (including negligence), misrepresentation (other than fraudulent misrepresentation) or otherwise, shall not exceed 100% of the fees paid or payable by the customer for that specific affected service during the most recently completed fiscal quarter preceding the event giving rise to the claim. Fees attributable to other products, subscriptions, services or agreements shall be excluded from the calculation.
3. Fiscal Quarter and Fee Allocation
“Fiscal quarter” means a three-month accounting period under the fiscal calendar expressly specified in the applicable order form or service agreement. The relevant quarter is the most recently completed fiscal quarter before the event giving rise to the claim. For annual or prepaid fees, only the portion reasonably attributable to the affected service during that quarter is counted. The applicable fiscal calendar and allocation methodology should be disclosed to the customer before acceptance.
4. Contractual Refunds and Administration Fee
Where the agreement expressly provides a discretionary or contractual refund for the affected service, and only where lawful, reasonable and enforceable, 15.Group may deduct an administration fee equal to 15% of the otherwise refundable amount. This fee does not apply to statutory refunds, damages, or any other payment where the deduction would unlawfully restrict a customer’s rights or remedies. This provision does not create a right to a refund where none otherwise exists.
5. Non-Excludable Liability
Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation; death or personal injury caused by negligence; or any other liability that cannot lawfully be excluded or limited. Any limitation is effective only to the extent permitted under the governing law and applicable mandatory legal requirements.
6. Customer Acceptance and Incorporation
The customer must be provided with reasonable access to these Terms, including the liability cap and refund administration provision, before placing an order or commencing paid services. Acceptance must be affirmative and recorded. The applicable order form or service agreement should identify these Terms by title, version and effective date. Material amendments require notification and any additional consent required by law or contract.
7. Interaction with Other Terms
This provision should be read with the remainder of the Software / SaaS Terms & Conditions, the relevant order form, applicable service-level terms, the Data Processing Agreement and any other incorporated schedules. Nothing here alters intellectual property ownership, data protection obligations or any mandatory statutory rights.
8. Publication and Legal Review Notes
Before publication, confirm: (a) the correct contracting legal entity and address; (b) governing law and jurisdiction; (c) the defined fiscal calendar; (d) treatment of services with no fees in the preceding quarter; (e) treatment of multiple claims and recurring events; and (f) consistency with existing refund, service-credit and liability clauses. The three-month cap and 15% deduction require a jurisdiction-specific enforceability review, particularly where standard terms are used.
Illustrative Calculation (Non-Contractual)
Annual fee for the affected service: £12,000. Allocated fees for the relevant fiscal quarter: £3,000. Illustrative contractual liability cap: £3,000, subject to exceptions. If an eligible contractual refund is £2,000, a permitted 15% administration deduction would be £300, resulting in £1,700. The deduction is not automatically applicable to damages.
Policy Interpretation, Updates & Current Versions
The policies, terms, conditions and corporate statements published on this website reflect the position of 15.Group as at their respective effective dates. They are subject to ongoing review and may be amended, supplemented, clarified or replaced to reflect changes in legislation, regulatory requirements, business operations, technology, products or services.
15.Group reserves the right to update these documents from time to time, subject to applicable law and any contractual notification or consent requirements.
Website publications should not be interpreted as granting 15.Group an unrestricted right to amend existing contractual obligations retrospectively or to remove statutory rights and protections.
Clients, partners, suppliers and other interested parties are encouraged to contact 15.Group to confirm the latest applicable policy versions, particularly before entering into new agreements, renewing services or relying upon published terms for commercial decisions.
Where a separate signed agreement, order form or expressly accepted set of terms governs a commercial relationship, the applicable contractual documents and their agreed order of precedence shall determine the parties’ respective rights and obligations.
For confirmation of the latest applicable policies, terms and conditions, please contact 15.Group directly using the contact information provided on this website.
