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Old 05-14-2009, 07:53 AM
loucypher loucypher is offline
 
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Default Customer's Data backup

Hi

If a device (Hard drive,CD,DVD,Flash drive) used to backup customer's data fails, & is un-retrievable, could a customer sue.

Thanks
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Old 05-14-2009, 10:33 AM
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Default well

I would say no as long as you covered your ass with a service agreement not responsible for data loss.
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Old 05-14-2009, 10:53 AM
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Hi

Would the Engagement form in the Computer-Business-Kit cover that.

Thanks
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Old 05-14-2009, 12:33 PM
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Originally Posted by loucypher View Post
Hi

Would the Engagement form in the Computer-Business-Kit cover that.

Thanks
yes as long as they sign it, or you could get your terms and conditions printed up and use that, they sign that as well, as long as you state that you are not responseable for data loss and they sign you will be covered.
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Old 07-12-2009, 03:43 AM
netpros netpros is offline
 
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I agree. Also, for my business clients, I copy their backup image
to my home server (usually once a week). I also ensure offsite
backup (or at least a weekly swap of their USB external drive).

A weeks old data is better than NO data to lots of folks.... but best
to perhaps overnight differential backups to ibackup (or mozy).
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Old 07-12-2009, 03:25 PM
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Quote:
Originally Posted by loucypher View Post
Hi

If a device (Hard drive,CD,DVD,Flash drive) used to backup customer's data fails, & is un-retrievable, could a customer sue.

Thanks
Definately yes (and he will), although the answer is rather complex. If you really wish I can go into this in more detail but generally you should consult with a lawyer specializing inthis field and from your state.

The simple fact of having your client sign a document will unfortunately NOT PROTECT YOU !!!

There is a big misunderstanding regularly practiced on this site about the validity of "informed consent". The fact that you have a customer sign a workorder limiting the scope of your responsability will not limit this responsability within a given legal boundary.

There is a huge difference in what the law will accept as simply careless for a private citizen and for a professional. As a professional YOU ARE ALWAYS LIABLE !!
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Old 07-12-2009, 03:38 PM
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Quote:
Originally Posted by @ncient geek View Post
If you really wish I can go into this in more detail but generally you should consult with a lawyer specializing in this field and from your state.

The simple fact of having your client sign a document will unfortunately NOT PROTECT YOU !!!
I assume "informed consent" is better than nothing, and would be interested in hearing what other steps can and should be taken (or at least a brief outline) to protect against legal action.
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Old 07-12-2009, 03:50 PM
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Originally Posted by ACG View Post
@Ancient Geek; That could be true in EU, but here in the states, so long as you are within legal reason, you are allowed to decide your own terms and conditions as far as your business is concerned. I mean you can't go out there and say "if you computer catches fire after we replaced a power supply, we not not liable", this type of stuff is where a great E&O policy comes into play. I'm not a lawyer either, but as far as I understand it, that is how it works.
@ACG

I have been working in the states for many years before moving into retirement in Europe. My children (9) are still running my businesses in the states. Many years ago, when I got my first very big customers, I decided to get myself an inhouse lawyer. This was by far the wisest decision I have made in all my years. Today we (well, my kids ) have six full time lawyers with one of my daughters running the show. I have learned the hard way that what I state is unfortunately true in most cases.

As a professional, courts are generally very much inclined to decide against you and in favor of the customer as long as this customer is a private person or small company.
On a larger scale what you say is very true, as in most cases settlements will avoid going to court.

We have recently had a case where a service tech dropped the external hard drive on which he had performed his backups before wiping the disk of a private customer. Data recovery was impossible. The client was awarded $8000 for his lost pictures and documents by the court (in fact, he insisted on going to court, I believe he thought he would get much more money out of this). On top of that, the insurance did not pay a cent.
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Old 07-12-2009, 04:10 PM
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I wonder why insurance wouldn't pay anything.
Time for a new policy, methinks.
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Old 07-12-2009, 04:13 PM
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I wonder why insurance wouldn't pay anything.
The insurance didn't pay because we had to go to court.

We have had a lot of trouble with insurances refusing to pay. I have regularly been fed up with these guys. You pay your premiums, and when you really need them ...
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Last edited by @ncient geek; 07-12-2009 at 04:16 PM.
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