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01/10/2020 11:38:03
 
 
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01/10/2020 10:04:00
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Forum:
Business
Catégorie:
Contrats & ententes
Divers
Thread ID:
01676331
Message ID:
01676397
Vues:
28
>>>I admit I am paranoid (remember Andy Grove though) but after 40 years in this business I already get a bad feeling as soon as you write "They don't want to pay a retainer but they want me to respond at night and drop any other work I am doing to deal with their issue." plus they get some lawyer to skew the agreement unreasonably.
>>>
>>Yup, I've got a bitter taste in my mouth after this. This client is the most untrusting one I've ever had (he's made statements like: "how do I know you've actually spent that time on this?") and always seems to be trying something on but has never given trouble to pay.
>>
>>>You need to beef up your protections to cater for situations that Al highlights. And forget contracts unless you're rich and can afford protracted legal battles. If you can't then having a good contract is worthless against a well-funded but unhappy client. You need a great contract which is so plain and clear as day that no one would try and argue it. Very defined service commitments and they indemnify you against everything that might go wrong except gross negligence on your part and even then they need to prove it in a court of law.
>>
>>Do you have suggestions on how to beef up my protections? Currently I have my own licence for Team Viewer and give my own branded version of TeamViewer Quick Start to my clients which only my licence can connect to, but I've got pretty much free rein when accessing their server.
>>I have had short and pretty clear contracts in the past but thought I should go better on this one because of this client being involved. But I always have a contract before I begin any work. I don't think I could go without one.
>
>I think clauses to protect you could include, for example, that if they want you to remotely access their servers/computers or even physically access them then they indemnify you against any loss or damage due to them providing that access. Now that means you / they need to define why access needs to be given, when it will be given, how it will be given, and how it will be revoked when complete.
>
>So you could consider a template job addendum to the service agreement where they fill these details in i.e. Addendum 1 - Job to fix corrupted input files. Date: ... Time: ... Access via TeamViewer: ... Purpose: correct data input files provided by party ... Cost: $$$/Hr ... Server to be accessed ... Revoke access DateTime ... etc.
>
>Basically they are inviting you to access their server. Any access carries risk. What happens if just as you are on the server there is a disk fault? You know non-IT clients =>> they are going to blame you! Their IT guy will blame you! So you need to be covered for each access. And in writing. And preferably with their IT guy monitoring the situation. Geez ... you making me paranoid :)

The feeling is mutual! :o)

Thanks
Frank.

Frank Cazabon
Samaan Systems Ltd.
www.samaansystems.com
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