Hi, What does this liability statement mean in a TOS ...limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. For a website service provider the cost of providing the entire service may be very large. However if the service is free the cost of a user getting those services is nil. Just wondering from perspective if, terrible disaster, services down for days or weeks. Just trying to understand a bit more. thank you
The limitation of liability clause is one of those things that people often copy without thinking about what it means in the context of their own website. Your observations are absolutely correct. For example, for my clients who have an ongoing relationship with customers, we will limit the liability to the amount paid for services to some discrete period such as three months. In the case of a free website, it might make more sense to limit damages to a fixed dollar amount, say $100. Your question points out the reason why it is often a good idea to have an attorney familiar with internet businesses prepare or at least review your TOS. Website owners will often copy the TOS of a prominent site and assume that it must have been reviewed by that site's attorney. Just because a TOS was reviewed by an attorney for another site doesn't mean that it can be ported directly to your own site.
Sounds to me like they are simply saying if we screw you out of two weeks, our liability is limited to providing you with two weeks of service ("supply of the services again") or the cost of you getting that two weeks somewhere else ("payment of the costs of having those services supplied again") It is hard when you just post one random sentence because many of these types of things depend on the context and the preceding language. From what you have posted it sounds to me like they are trying to limit their liability for any consequential damages (lost income from your site being down) and are trying to only compensate you for the lost server time.