covering your back - Terms and conditions

[Lenagh]

Terms and conditions ?

 

Hiya - Just some general information I am after. I live in the Uk and a friend wants me to set up OScommerce for him. However given the financial implications of processing credit cards and storing customer information I am concerned that should some security flaw exist either with the company taking the transaction, the webhost or dare I say it Oscommerce I will be taken to the cleaners. So I want to cover my back legally and make him sign off on some form of agreement.

 

To that end has anyone deployed OScommerce in the UK and have you a sample terms and conditions you have use to cover your backs against such an eventuallity business interruption, fruad etc ? If so anyone willing to post a sample ?

[wizardsandwars]

I think that there is a contribution that adds a whoe crapload of legal mumbo jumbo on your terms and conditions page.

[Lenagh]

Sorry my initial post was perhaps a little confusing. I am looking to give the genltemen I am deploying the site for a legal document that says basically.

 

If I install OScommerce for you I take no responsibility for any security problems / breakdowns that may occur at some future point !

 

I'm sure you can imagine the scenario. Someone hacks the webhost deletes the database or something and then he comes knocking on my door with a writ saying you installed it. It must be your fault !

[wizardsandwars]

Ah, I see. Sorry I misunderstood.

 

I think you raise an important issue. I'm sure someone here can answer.

[blainehilton]

Hey I am in need of that same information, if you find anything out please let me know.

 

Thanks

[Lenagh]

If I can find anything I will post back here ! in the mean time if anyone has done this themselves their input would be greatly appreciated.

[burt]

Get yourself a contract drawn up. Here is a portion from mine:

 

8. LEGAL:  YOUR NAME does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will YOUR NAME be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if YOUR NAME has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  

 

And get them to sign and date it.

[Lenagh]

Hi burt. Many thanks for your contribution. Does your contract also cover areas such as the possibility of revenue loss due to security flaws either in software you have used or in your design work ?

 

Or has your solicitor said that the above statement covers this eventuality.

Finally how much did your solicitor charge you to draw a contract up lol

 

Sorry alot of questions I know.

 

Many thanks for the help !

[s_diggens]

Try this .. it's based on American law I think, but can easily be modified. I was looking for the same thing but it appears that there is no UK version available.

 

http://www.oscommerce.com/downloads.php/co...52/type,1[/url]

 

Hope its of some use.