I'm not familiar with the rules here but is not caring a complaint route to a defense? It can be in many other fields.

I.e. purposefully don't have any monitoring, purposefully don't go to the site often etc. then only respond of someone tells you there's a problem.

I've dealt with a few contracts in the past that have stipulated that we must respond within xx hours of becoming aware of an issue, if I didn't want to run the service it would be in my interests to do everything in my power not to avoid becoming aware of any issues.