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Drafting limitation of liability clauses for software services

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Our small software consultancy keeps receiving client contracts with unlimited liability for any damages arising from our work. Our insurer covers a fixed amount, and accepting unlimited exposure would put the company at risk.

We now propose a cap linked to fees paid in the previous twelve months, exclusions for indirect losses, and separate treatment for data protection breaches. Larger clients sometimes push back hard. Which liability positions have you found acceptable to both sides, and how did you explain them to procurement teams?

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