The waiver can be integrated directly into the supply contract signed by the customer, or it can be managed as a separate document. You can find a starter waiver template below 👇
Remember to insert your details [here] and click on Copy at the bottom of the text!
Reference is made to the contract [add contract details, if any; otherwise, delete this line] signed on [insert date], and entered into by and between
the company [company type and principal address],
– the Supplier –
and
the company [acompany type and principal address],
– the Client –
whereas
A) the Supplier has been requested by the Client to provide a service which consists of [briefly describe the service covered by the contract or the service that the Supplier has been instructed to perform] (hereinafter referred to as the “Service”);
B) the Client is aware that the webspace object of the webspace subject matter (hereinafter referred to as the “Application”) requires the use of services provided by third parties;
C) the Supplier has made a proposal which entails the use of third-party services for various aspects of the provision of the Service, including the compliance of the Application with the applicable laws and regulations;
D) the Client has accepted the Supplier’s proposal.
* * *
In the light of the foregoing, which constitutes an integral and substantial part of this document, the Client, under its sole responsibility, hereby expressly maintains and undertakes as follows:
1) to have read and accepted the privacy policy and terms and conditions of any Third Parties whose services are used in connection with the Application;
2) to be aware that the services provided by third parties to support with the compliance needs of the Application do not constitute, nor do they replace, the necessary professional legal advice to ensure that the Application meets the requirements introduced by applicable laws and regulations;
3) to be aware that the Supplier, in offering the services referred to under item 2) above, is not providing legal advice, nor it is in any way suggesting or encouraging the Client to avoid a compliance review of the Application by their trusted lawyer which is, on the contrary, strongly recommended;;
4) to be aware that it is the precise duty of the Client to approve in writing the content resulting from the implementation and use of third-party services before their publication and, in any case, before their finalization;
5) to be aware that it is the Client’s precise duty to inform the Supplier of any additions and/or changes that may become necessary to the content resulting from the implementation and use of the services provided by third parties. On the other hand, should the Supplier point out by its own initiative the need for any updates, it is understood between the parties that the Client shall be exclusively responsible for refusing such updates. The Client further undertakes to indemnify and hold the Supplier harmless from any direct or indirect damage that may arise as a result of its decision;
6) to be aware that the third-party services are not provided by the Supplier, who, therefore, cannot in any way be held liable in relation to the proper functioning or availability, or both, of such services. The provision and availability of third-party services is subject to and governed by the specific terms and conditions of the relevant third-party service provider;
7) to indemnify and hold harmless the Supplier (and any companies controlled or affiliated with it, its representatives, directors, agents, licensees, partners, and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, that may arise in relation to the use of the services provided by third parties.
[Place, Date]
[Insert the Client’s company name] [Insert the Supplier’s company name]
Legal representative Legal representative
______________________________________ ______________________________________
[First name and last name] []First name and last name]
