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  1. #1
    Join Date
    May 2005
    Location
    Bay Area
    Posts
    1,211

    Limited Liability Boiler Plate

    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.

  2. #2
    Join Date
    Jul 2005
    Posts
    58
    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

  3. #3
    Join Date
    May 2005
    Location
    Bay Area
    Posts
    1,211
    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.

  4. #4
    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.

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