1. Purpose and Scope
This document establishes the limits of Wexora Circuit's financial and legal responsibility in connection with our services, our website, and any deliverable we prepare. It applies to every client, prospective client, and website visitor, and to every engagement we accept, regardless of the specific service purchased or the manner in which the engagement was initiated.
Wexora Circuit provides advisory and organizational services only. We prepare written summaries, comparisons, checklists, and recommendations; we do not operate telecommunications networks, sell connectivity, or implement changes with providers on behalf of clients. The limitations in this document reflect that advisory role: the value of an engagement is modest and defined, while the business decisions a client makes based on our work can involve amounts far larger than any fee we charge. These limitations allocate that risk in a manner reflected in our pricing.
2. Definitions
For the purposes of this document, the following terms have the meanings set out below:
- "Services" means the remote advisory and support offerings of Wexora Circuit, including Telecom Bill Review and Summary, Internet and Phone Plan Comparison Support, Business Communication Setup Checklist, Telecom Vendor Documentation Organization, and Remote Connectivity Process Advisory.
- "Deliverables" means the written summaries, digital checklists, comparison documents, organized documentation sets, and advisory recommendations we provide to a client as part of the Services.
- "Claim" means any demand, action, proceeding, or assertion of loss, however framed — whether in contract, tort (including negligence), statute, or otherwise — arising out of or relating to the Services, the Deliverables, or the use of our website.
References to "we," "us," and "our" mean Wexora Circuit, and references to "you" and "client" mean the business or individual purchasing or using the Services.
3. Exclusion of Indirect and Consequential Damages
To the maximum extent permitted by applicable law, Wexora Circuit shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to the Services or Deliverables, even if we have been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.
Excluded damages include, without limitation: lost profits or revenue; lost or unrealized savings, including savings projected or estimated in any Deliverable; business interruption or downtime; loss of business opportunity, contracts, or goodwill; loss, corruption, or inaccuracy of data; costs of procuring substitute services; and costs arising from a client's dealings with any telecommunications carrier, internet service provider, VoIP provider, or other vendor.
This exclusion applies regardless of the theory of liability and regardless of whether the loss was foreseeable, because the decisions that produce such losses — signing contracts, switching providers, changing internal processes — are made by the client, not by us.
4. Aggregate Liability Cap
To the maximum extent permitted by applicable law, the total aggregate liability of Wexora Circuit for all Claims arising out of or relating to a given service, however arising, shall not exceed the total amount actually paid by the client to Wexora Circuit for the specific service giving rise to the Claim during the three (3) months immediately preceding the date on which the Claim first arose.
This cap is cumulative and not per incident: multiple Claims relating to the same service do not enlarge the cap, and amounts paid for other services do not count toward it. If the client has paid nothing for the service in question during that three-month period, our aggregate liability for related Claims shall be limited to the smallest amount permitted by applicable law. The existence of more than one Claim or more than one Deliverable does not increase this limit.
5. Basis of the Bargain
The client acknowledges that the fees charged by Wexora Circuit — advisory services beginning at $49 for a Telecom Bill Review and Summary and ranging up to engagements from $99 for Remote Connectivity Process Advisory — are calculated in reliance on the exclusions and limitations set out in this document. These limitations are an essential element of the bargain between the parties; without them, our fees would be materially higher or we would be unable to offer the Services at all.
Each party acknowledges that the allocations of risk in this document are reasonable in light of the advisory nature of the Services, the client's exclusive control over final decisions, and the price paid. The limitations apply even if any limited remedy is found to have failed of its essential purpose.
6. Exceptions Required by Law
Some jurisdictions do not allow the exclusion or limitation of certain warranties, or of liability for certain types of damages, including damages arising from gross negligence, willful misconduct, fraud, or personal injury. Nothing in this document is intended to exclude or limit any liability that cannot lawfully be excluded or limited under the laws that apply to a particular client.
Where applicable law restricts an exclusion or limitation in this document, that exclusion or limitation shall apply to the fullest extent permitted, and the remainder of this document shall continue to apply in full. Clients located in jurisdictions with mandatory consumer or small-business protections may have additional rights that this document does not diminish.
7. Third-Party Services and Carrier Actions
Wexora Circuit has no control over the acts, omissions, pricing, network performance, outages, contract terms, billing practices, or business decisions of any telecommunications carrier, internet service provider, VoIP provider, equipment vendor, or other third party. We are not liable for any loss caused by a third-party provider, including service interruptions, coverage gaps, price increases, promotional withdrawals, installation delays, billing errors, contract disputes, or the discontinuation of a plan or product referenced in a Deliverable.
A recommendation that a client consider a particular provider or plan does not make us responsible for that provider's subsequent performance. Any agreement a client enters with a provider is exclusively between the client and that provider, and all remedies for provider failures must be pursued against the provider under that agreement.
8. Client Responsibility for Decisions and Implementation
All Deliverables are advisory. The client is solely responsible for deciding whether and how to act on any summary, comparison, checklist, or recommendation, including verifying current pricing and terms with providers, negotiating and signing contracts, scheduling installations, configuring services, and managing any internal changes. Wexora Circuit does not implement recommendations, does not act as the client's agent, and does not supervise the client's execution of any suggested step.
We are not liable for losses resulting from incomplete or incorrect information supplied to us by the client, from the client's failure to verify third-party terms before committing, from implementation choices that depart from a Deliverable, or from a client's decision to act on an estimate or projection without independent confirmation.
9. Indemnification by Client
The client agrees to indemnify, defend, and hold harmless Wexora Circuit and its personnel from and against any third-party claims, losses, damages, penalties, and reasonable expenses (including attorneys' fees) arising out of: (a) the client's misuse of the Services or Deliverables, including redistribution of a Deliverable to third parties who rely on it; (b) the client's violation of any agreement with a telecommunications provider or other vendor; (c) inaccurate, incomplete, or unauthorized information or documents the client supplies to us; or (d) the client's violation of applicable law in connection with the use of our Deliverables.
We will notify the client promptly of any claim subject to this section and will reasonably cooperate, at the client's expense, in its defense. This obligation survives the completion or termination of any engagement.
10. Claims Window
To the maximum extent permitted by applicable law, any Claim against Wexora Circuit must be commenced within twelve (12) months after the date on which the cause of action arose, or the earliest date on which the client knew or reasonably should have known of the facts giving rise to the Claim, whichever occurs first. Claims not commenced within this twelve-month window are permanently barred.
This contractual limitation period applies regardless of any longer statutory limitation period that might otherwise apply, except where the law of the client's jurisdiction prohibits the shortening of such periods, in which case the shortest period permitted by that law shall apply.
11. Essential Purpose
The parties intend that the exclusions, caps, and limitation periods in this document be enforced as written. If any limited remedy provided under an engagement is held to have failed of its essential purpose, the exclusions of indirect and consequential damages in Section 3 and the aggregate cap in Section 4 shall nevertheless remain in effect to the fullest extent permitted by law.
The client's exclusive remedy for any deficiency in a Deliverable is, at our reasonable discretion, correction and reissuance of the affected Deliverable or a refund of the fee paid for the specific service concerned, subject in all cases to the limitations in this document.
12. Relationship to Other Documents and Severability
This Limitation of Liability document supplements, and should be read together with, our other posted policies, including our Disclaimer and Third-Party Provider Disclaimer, as well as the specific terms of any written engagement. In the event of a direct conflict between this document and a written engagement signed by Wexora Circuit, the signed engagement controls for that engagement only; in all other cases, the documents are to be interpreted so as to give effect to each.
If any provision of this document is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect. Failure by Wexora Circuit to enforce any provision shall not constitute a waiver of that provision or of any other provision.
13. Contact Information
Questions about this Limitation of Liability document, including how the aggregate cap or the claims window applies to a specific engagement, may be directed to us in writing. We recommend that clients raise any concern about a Deliverable promptly, since early notice gives us the best opportunity to review, correct, or clarify our work.
You can reach Wexora Circuit by email at clarity@wexoracircuit.com, by mail at 201 E Main St, Lexington, KY 40507, or by phone at +1 (859) 245-1786.