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Am I liable if AWS or a third-party API goes down?

Agency holds you liable when AWS, an API or a vendor goes down? Add an exclusion for third-party outages and a duty to notify. Sample clause.

The risky clause

Subcontractor is liable for any downtime or data loss, including failures of third-party services and hosting providers.

Why it is dangerous

You cannot control a cloud provider's outage. A fair clause excludes third-party failures you could not reasonably prevent, while you remain responsible for sensible backups and prompt notice. This is general information, not legal advice.

Safer clause to propose

Subcontractor is not liable for outages or failures of third-party services outside its control, provided it follows agreed backup and monitoring practices and notifies Agency promptly.

Message to send

Hi [Agency],

Could we exclude outages of third-party services like AWS and external APIs from my liability, as long as I follow agreed backups and notify you quickly? Thanks, [Your Name]

Frequently asked questions

Who is responsible for a vendor outage?

Usually the contract decides. Exclude failures outside your control.

What should I promise instead?

Backups, monitoring and prompt notice.

Related guides

• How do I stop endless approvals in an agency project?
• How do I handle changing requirements in an agency project?
• When should IP transfer to the agency?
• Should my liability match the agency's client contract?
• Do I need insurance as a subcontractor?

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Not legal advice. ClauseRadar is an automated AI review tool, not a law firm. © 2026 ClauseRadar.