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Has anyone looked into their terms and conditions? Usually any resulting damage from software malfunctioning is excluded. Only the software itself being unavail
by t0mas88 2y ago
Has anyone looked into their terms and conditions? Usually any resulting damage from software malfunctioning is excluded. Only the software itself being unavailable may be an SLA breach.
Typically there would also be some clauses where CS is the only one that is allowed to determine an SLA breach, SLA breaches only result in future licence credits no cash, and if you disagree it's limited to mandatory arbitration...
The biggest impact is probably only their reputation taking a huge hit. Loosing some customers over this and making it harder to win future business.
- iwontberude 2y agoThey will still need to hire lawyers to prove this. Thousands of litigants. I am sure there is some tort which is not covered by the arbitration agreement that would give plaintiff standing no? Commenter on stack exchange had an interesting counter: In some jurisdictions, any attempt to sidestep consumer law may be interpreted by the courts as conspiracy, which can prove more serious than merely accepting the original penalties.
- chii 2y ago> Thousands of litigants i would imagine a class action suit instead of individual cases if this were to happen.
- iwontberude 2y agoPotentially we will see some, but this occurred in many jurisdictions across the world.
- disgruntledphd2 2y agoThey'll be sued by the insurance companies probably.
- clwg 2y agoNo big company is going to agree to the terms and conditions that are listed on their website, they'll have their own schedules for indemnification that CS would agree to, not the other way around. Those 300 of the Fortune 500 companies are going to rip CS apart.
- ragingroosevelt 2y agoIsn't it common for TOCs to not apply in cases of negligence? It seems possible that's the direction that lawsuits could go?