[thelist] liability and the web

[Erik Mattheis]

Just use that phrase "AS IS BASIS" everywhere you can ... of course 
you're going to do the best job you can, but you know you can make 
mistakes and you know servers can barf - and you should make sure 
your clients know this as well.

I have a clause that refers to a separate document called "Project 
Description" ... some clients are ok with it saying "design website 
as described in email from xx at xx.xxx dated xx/xx/xxxx" - others are 
more detailed and a few times, I've seen red fags and I've made them 
more detailed on my own accord. But in about four years of working 
freelance I've only had to say "Look at the contract and project 
description" once ... and that client could not be seen through the 
forest of red flags ... I'm still puzzled at why I agreed to do the 
web site (when I inquired about why I hadn't received my retainer 
yet, they said that they considered the $1700 they had paid to a 
stock photography company [for photos I downloaded for their project] 
to be sufficient as proof that they would pay me).

Here is a point from my standard dev contract, feel free to use, but 
I'm providing it on an "AS IS BASIS" without warranties of any kind, 
either express or implied:

8. WARRANTIES AND LIABILITY.  Gozz does not warrant that the 
functions of the web site will meet the client's expectations of site 
traffic or resulting business.  The service is distributed on an "as 
is" basis without warranties of any kind, either express or implied, 
including but not limited to warranties of title or implied 
warranties of merchantability or fitness for a particular purpose or 
otherwise.  In no event will Gozz or its sub-contractors be liable to 
any client or any third party for any direct, indirect, incidental, 
special or consequential damages arising out of use of the service or 
inability to use the service or out of any breach of any warranty, 
even if Gozz has been advised in advance of the possibility of such 
damages.

Wow, that was a long response. Keep in mind I'm catching up with my 
ol' buddy Smirnoff tonight.

>ok guys, one last big question for now, i hope.
>
>when designing a website for a client, how big is the
>issue of liability?
>
>is it directly related to how good your contract is?
>
>so if we state in it, we aren't repsonsible if your
>site fails, server breaks, ect (things beyond our
>control), than are we generally safe?
>
>i'm asking this question in terms of most likely,
>because i know there are so many exceptions, you can
>get sued for almost anything (like coffee being hot
>anyone :)
-- 

- Erik Mattheis

Apparently a Triple Scorpio.

(612) 827 3963