6.4 The Customer grants Hoxo Media a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Customer to Hoxo Media for the term of the Contract for the purpose of providing the Services to the Customer.
7. Data protection and data processing
7.1 All terms in this clause 7 shall have the meaning given to them in the Data Protection Act 1998 unless otherwise defined in these Conditions.
7.2 The Customer and Hoxo Media acknowledge that for the purposes of the Data Protection Act 1998, the Customer is the Data Controller and Hoxo Media is the data processor in respect of any Personal Data.
7.3 Hoxo Media shall process the Personal Data only in accordance with the Customer's instructions from time to time and shall not process the Personal Data for any purposes other than those expressly authorised by the Customer.
7.4 Hoxo Media shall take reasonable steps to ensure the reliability of all its employees who have access to the Personal Data.
7.5 Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
7.6 The Customer warrants that it has the relevant consents, authorisations and authorities from all relevant persons, including any data subjects, to process the Personal Data in the way(s) in which it is requesting Hoxo Media to do so;
7.7 Hoxo Media warrants that, having regard to the state of technological development and the costs of implementing any measures, it will:
(a) take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
(i) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
(ii) the nature of the data to be protected; and
(b) take reasonable steps to ensure compliance with those measures.
7.8 The Customer shall indemnify and keep indemnified and defend at its own expense Hoxo Media against all costs, claims, damages or expenses incurred by Hoxo Media or for which Hoxo Media may become liable due to any failure by the Customer or its employees or agents to comply with any of its obligations under this clause 7.
7.9 The Customer acknowledges that Hoxo Media is reliant on the Customer for direction as to the extent to which Hoxo Media is entitled to use and process the Personal Data. Consequently, Hoxo Media will not be liable for any claim brought by a Data Subject arising from any action or omission by Hoxo Media, to the extent that such action or omission resulted directly from the Customer's instructions.
7.10 Hoxo Media may authorise a third party (subcontractor) to process the Personal Data provided that the subcontractor's contract:
(a) is on terms which are substantially the same as those set out in the Contract; and
(b) terminates automatically on termination of the Contract for any reason.
8. Limitation of liability
8.1 Nothing in the Contract shall limit or exclude Hoxo Media's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
8.2 Subject to clause 8.1, Hoxo Media shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
8.3 Subject to clause 8.1, Hoxo Media's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100% of the total Charges paid under the Contract.
8.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.5 This clause 8 shall survive termination of the Contract.
9.1 Where there is a minimum term outlined in the Order Form either party shall be entitled to terminate the Contract by giving the other party not less than 3 months’