I have thoughts, but they may not be comforting! 😉
The safeguards you can include in your contract will vary greatly depending on your bargaining power. If you have more customers than you can accept and you don`t need the contract, you can have a more user-friendly contract (i.e. more warranty exclusions, more compensation, etc.). If you need the job and can`t afford to let the client go, you need to take more risks.
S also varies greatly depending on the customer. Some large clients refuse to compensate you and want very tightly adjusted disclaimers. The little mama and pop-shops will probably read the contract without signing.
See many variables in contract negotiation and the right balance. In the end, with stronger bargaining power, the party will likely transfer most of the risk of loss to the party with lower bargaining power.
I have some advice: always be honest and try to write in plain language if possible. Use legalese if necessary. Don`t bury important terms. You could be unenforceable if you do,
Now, the trick is to make sure your customers read this clause or all the agreements you offer them.
Most don`t. Their eyes are twisting and they have the deer in the spotlight.
biggest marketing stunt in the world. Guarantees and guarantees are a commercial sleight of hand to generate sales.
Why 95% of consumers never use a warranty or warranty
Belle post anyway…..
PS Who knows the lawyers who offer guarantees?
Excellent contribution and I would ask you to know more about the contract and agreements in the SEO. I do not find the last contribution you made in the copy of the contract itself. I let my lawyer use this as the basis for my standard agreement, and he was very impressed 🙂 (I`ve added a few legal mentions.) This is very true, because if you have ever been burned by a client… You`ll never leave without a written contract. An oral contract is a mandatory agreement in court, its very difficult to prove. Contracts can and have already been written and imposed on towels, so get down a bit. In general, in order to refuse tacit guarantees, the disclaimer must explicitly refer to the fact that any tacit guarantee is not claimed and must be striking and written (i.e. in a bold and italic font).
This is great information and ideas, Sarah,
There are so many variables that could affect the performance
our customer website and CYA, as you certainly did in your warranty, is a step in the right direction.