RackPoint-Morgan
01-16-2007, 01:46 AM
I am starting to do remote backup for local offices, which protect them in case of stolen equipment, accidental data loss, burned down buildings, etc. I was curious as to where I could get a boiler plate contract/waiver type document where they would sign it saying that I am not responsible for lost data etc. I am not saying I wouldn't provide them excellent service, but I do want a certain level of cushion for myself - IE I don't want to get blamed if for whatever reason transitioning or recovery of all of their data isn't possible etc. I don't want to get stuck in a bad situation. What would I need for this? Thanks.
scottelliott
01-16-2007, 05:56 AM
First off do you run this service as a sole trader or a registered company?
Even a legal document can be disputed as to is rellavence and fairness in a court of law. Someone could fairly argue that although they signed that contract they find it crazy to be paying for a backup service that doesnt even do its job (what its meant to do!!). A judge could easily sympathise with them = big payout!
What you shouldnt do is run this kind of business as a sole trader. You have unlimted liablilities = all ur personal assets are a free for all if u screw up!
As a company you need to get indemnity insurance. This means your company is protected (u personaly are protected by the companies limited liabilities). If u screw up the insurcance company forks out for it. This means your company wont be killed by one simple mistake.
Hope this was helpful
Cheers
RackPoint-Morgan
01-16-2007, 01:10 PM
Yea definitely, thanks. Its pointing me down the right road. I kinda figured someone would say that, especially since I've heard of so many cases where contracts mean jack in court.
Dave Zan
01-18-2007, 02:54 AM
Rather late, but get a lawyer instead of a "boilerplate" contract. Someone who is
intimately familiar with your jurisdiction's laws and how disputes are handled has
a realistic chance of drafting some for you.