Terms of Service writing
Budget
323$
per month
Posted: 5 years ago
Opened
- Description
- I'm a web developer from Croatia, Europe.
I have the opportunity to host and maintain a website for one UK and one USA client.
They would pay me a premium price to keep their websites up and running, fast and secure.
They would sign for my service online, on my website.
I’d like to know if I can create Terms of Service on my website that clients have to accept prior registration with my service that would exclude me from all liability in a worst scenario case.
For example if their website gets hacked, or goes down I want to make sure they cannot sue me for lost profit or something similar.
Is it even possible to legally be 100% protected against such lawsuits?
For example these are the Terms of service from a website offering similar services:
++quote
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge WP EZI, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless WP EZI, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or WP EZI Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall WP EZI be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
WP EZI, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY WP EZI OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
++unquote
Would something like this make me 100% safe?
Or 100% is never possible?
Would this be valid in all states, or some states have exceptions?
Can I define that all disputes will be handled in the court of my city in Croatia?
Can you draft this TOS and at what price?
Thanks
Skills:
acting,agent,business support,physical fitness,theory,web,web service,website development
- Category
Source: peopleperhour.com
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