Fremont Servers
01-05-2002, 08:55 PM
I have a question regarding contract.
You know when you order a dedicated server or server colocation, the ISP prepares the contract and you sign the contract. On the contract, there is one signature and that is your ("the client") signature.
If the ISP prepares and not sign, are they bounded to the contract under the law.
:cool:
Incognito
01-08-2002, 10:47 PM
Actually, a contract doesn't even have to be written, much less signed to be enforceable (exception is real estate). Writing, signing and such just make it easier to approve it was agreed upon. By you signing, the ISP obviously has that evidence. By the requirement that you sign, and the fact that the ISP then proceeded to provide service, they are confirming that they also agreed to the contract. Of course, keep in mind, the contract is probably designed much more for their protection than for yours.
A couple of additional things.
First, always print or make a copy of the contract. The ISP may change their standard contract later and you want to have a copy of what you signed.
Second, contracts are only as good as the parties standing behind them. If your ISP fails to perform, contract or no contract, it doesn't solve your problem. It may provide you relief and the ability to go elsewhere, but it doesn't make up for the problems you encountered.
Last, the biggest single cause of contractural problems, particularly in severing the relationship, is extra charges. Be sure you understand and are comfortable with all the TOS, especially any related to you terminating the contract and moving elsewhere and those related to additional charges for services, extra bandwidth, etc.