Weare unable to draft documents for you.
Ican tell you that a very good personal friend of mine and the client runs asimilar IT company to yours. In fact, this question could have come from him,although he does not deal with residential customers.
Idrafted his terms and conditions about five years ago and we tweak them everytime a problem occurs.
Hehas not had a challenge on them now for the last 12 months. That is not to saythat they are perfect, but they are as good as they get. He paid for them whenhe was simply a client before he became a personal friend and it was hisimmense satisfaction with them which led us to become friends. He paid over£2000 for them in the first time yet to realise on them, it saved him more thanthat. Unfortunately, I am unable to let you have them. I give you that scenariopurely to illustrate that I first-hand experience of doing exactly what youwere looking to do.
Whatyou are looking to do is remove liability. It may be unreasonable under theUnfair Contract Terms Act and are therefore I suggest that rather than try toremove liability, you limit it. I would probably limit it to however much moneythey pay under the term of the contract. The difficulty you have in terminatingthe service if they are a pain in the backside is that either you are providingthe service for a period of time or you are not.
Mysuggestion would be to make sure that your service standard dictates exactlywhat they are going to get, and in what timescale.
Forexample, with my friends, business, his initial terms, said that he wouldrespond within four hours of a fault being logged. The faults came in by email,nobody read the email, nobody dealt with it and then the customer was jumpingup and down. It now says that the response time is four hours from when thefault is logged and it is acknowledged.
Ithink you could cover yourself with regard to ceasing the service by coveringthat with two, three or four weeks notice for them to able to get anotherprovider in that period.
Idon't know whether you were talking about broadband support or IT hardware andsoftware support.
Ialso cannot say whether you supplied a satisfactory route or not, or whetheryou did deploy reasonable care and skill in diagnosing the problem.
Ican tell you that if these are private individuals, they have probably gotlittle chance of claiming any consequential loss because they have noconsequential loss. Even in business, this is pure economic loss and even ifthey lost profit as a result of the system being down, unless you were advisedbefore entering into the contract that if the system fell over it would cost azillion pounds per hour for all the time it was down, their claim fails. Thereis already case law in this respect.
Ifyou let me have your proposed wording, I am happy to comment or amend.
Themost important things to remember in your terms and conditions is that theyshould say exactly what you are going to do and in what timescale, exactly whatequipment, you're going to do it to, and it should also say exactly what you'renot going to do and exactly what you are not going to do it to.
Forexample, you need to exclude repairing obsolete equipment.
I could put you in touch with my
CanI help further?
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