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For those of you that provided website hosting to your clients, do you have an agreement in place to protect you if the service has an outage and the client claims consequential loss?
If so, would you mind sharing that part of your agreement with me? Please?
I paid for mine, I suggest you get hold of a lawyer as everyone's set-up is different. Most ISP's terms and conditions suck when it comes to sites going down, their stance is: "Shit happens".
That's kinda my stance too. I'm just reselling hosting to my clients as a value-added service, and I don't want some jack-ass client to sue me for the $80,000 deal that he lost out on because my $200 web hosting service went down.
I realize that I'm exposed because my agreement doesn't specifically mention website hosting. I'm gonna stick it a general limitation of liability clause in there and send it over to my solicitor for review.
Actually, this clause from Media Temple is just what I'm looking for.
DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
this is pretty standard boilerplate contract stuff... and most clients realize that shit happens, but of course they trust you to make it work asap...
if they're likely to sue, or threatening to sue when things go odd, they may not be great clients...