are unable to draft documents for you.
can tell you that a very good personal friend of mine and the client runs a
similar IT company to yours. In fact, this question could have come from him,
although he does not deal with residential customers.
drafted his terms and conditions about five years ago and we tweak them every
time a problem occurs.
has not had a challenge on them now for the last 12 months. That is not to say
that they are perfect, but they are as good as they get. He paid for them when
he was simply a client before he became a personal friend and it was his
immense 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 than
that. Unfortunately, I am unable to let you have them. I give you that scenario
purely to illustrate that I first-hand experience of doing exactly what you
were looking to do.
you are looking to do is remove liability. It may be unreasonable under the
Unfair Contract Terms Act and are therefore I suggest that rather than try to
remove liability, you limit it. I would probably limit it to however much money
they pay under the term of the contract. The difficulty you have in terminating
the service if they are a pain in the backside is that either you are providing
the service for a period of time or you are not.
suggestion would be to make sure that your service standard dictates exactly
what they are going to get, and in what timescale.
example, with my friends, business, his initial terms, said that he would
respond 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 jumping
up and down. It now says that the response time is four hours from when the
fault is logged and it is acknowledged.
think you could cover yourself with regard to ceasing the service by covering
that with two, three or four weeks notice for them to able to get another
provider in that period.
don't know whether you were talking about broadband support or IT hardware and
also cannot say whether you supplied a satisfactory route or not, or whether
you did deploy reasonable care and skill in diagnosing the problem.
can tell you that if these are private individuals, they have probably got
little chance of claiming any consequential loss because they have no
consequential loss. Even in business, this is pure economic loss and even if
they lost profit as a result of the system being down, unless you were advised
before entering into the contract that if the system fell over it would cost a
zillion pounds per hour for all the time it was down, their claim fails. There
is already case law in this respect.
you let me have your proposed wording, I am happy to comment or amend.
most important things to remember in your terms and conditions is that they
should say exactly what you are going to do and in what timescale, exactly what
equipment, you're going to do it to, and it should also say exactly what you're
not going to do and exactly what you are not going to do it to.
example, you need to exclude repairing obsolete equipment.
I could put you in touch with my
I help further?
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The thread remains open. Thanks