37. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
38. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
39. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
40. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
41. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.Unacceptable Customer Behaviour Policy
42. Persona Finance is committed to providing an excellent service to our customers and we will always do our best to help. In return, we expect our customers to behave appropriately and treat our employees with courtesy, consideration and respect, to allow them to carry out their work.
43. We accept that some people may act out of character in times of trouble or distress. But in a very small number of cases some customers behave in ways that are inappropriate and unacceptable, despite our best efforts to help them.
44. Demonstrating unacceptable behaviour will make it difficult for us to deal with your query or complaint effectively. If you do wish to make a complaint about our level of service, please contact us at firstname.lastname@example.org
45. The following list of information shall constitute Unacceptable Customer Behaviour:
- any unreasonable behaviour (written or verbal) that we consider might cause employees to feel intimidated, offended, bullied or harassed;
- threatening emails and telephone calls;
- inappropriate comments on social media;
- inappropriate banter, including innuendo;
- malicious allegations;
- any form of physical violence or threats of physical violence;
- derogatory racial, sexist, ageist or homophobic remarks;
- comments relating to disability, perceived gender, religion, belief or any other protected characteristic;
- unreasonable demands through the amount of information they seek, nature and scale of service they expect, and volume of correspondence they generate (customers who will not accept a decision taken in relation to their query, or persistently contact us about the same issue, can generate unreasonable demands - taking up a disproportionate amount of time and resources, which can affect our ability to provide a service to other customers); and/or
- excessive contact because of an unwillingness to accept or agree with a policy decision adopted by Persona Finance.
46. Employees of Persona Finance Ltd do not have to tolerate unacceptable or vexatious behaviour when communicating with our customers; hence, they shall have the right to place the caller on hold, end the call or not reply to an abusive email or letter.
47. The right under Clause 45 shall only be exercised after the employee has allowed the customer to moderate their behaviour by warning them that their conduct is offensive and explaining the measures that might be taken in the event of the continuation of such behaviour.
48. If you continue to display unacceptable behaviour, the our senior managers can authorise the decision to place a temporary or permanent restriction on communication with you, and you will be communicated such decision. The communication may also be limited to being conducted in writing, limited to a specific individual or permanently terminated. The permanent restriction on communication shall result in termination of our provision of services to you under Clause 35(f).