Re: policies, slightly OT
This WebDNA talk-list message is from 2004
It keeps the original formatting.
numero = 59655
interpreted = N
texte = I tend to think about these things practically. It sounds like you are an ASP so you might want to find issues raised by these types of agreements. Typically, given the control you want over the code, there is either a service guarantee (uptime, availability, speed, bandwidth) and/or code escrow (as you've intimated). How often is code escrowed? Who suggests the design of the site? Do they have any IP ownership? Is there joint IP? Think about what services you are providing and how it might be that you are unwilling to continue working for the client. Is it their breach, if so, do they get any help from you? Is it your breach? If so, what do they get from you? Also, you should hire an attorney versed in these issues. A general practice attorney will not know what the issues are and how they are usually treated. I would check client references. If they don't have software companies on the list, keep looking. As for point number 3, you may want them to have some comfort in owning their data (which you will provide to them on a regular basis or, more risky to them, on termination) You also need to think about security. What do you guarantee? Is there insurance in place? Yours or theirs? Will there be encryption? Who can access the server? What if there is a DOS attack? Viruses, spam etc. Like I said, get an attorney who knows all the problems you will face in case things go south. Bill -----Original Message----- From: Terry Wilson
Sent: Tue, 19 Oct 2004 12:33:35 -0400 To: "WebDNA Talk" Subject: policies, slightly OT After having been my own client for 6 years, for the past year or so I've been doing sites for others. In a few weeks I'm having a lawyer put together my legalese, and would appreciate some guidelines and how others address these issues, and if there's something else I need to address. Aside from typical boilerplate stuff my attorney surely has for other business clients, I want to clarify a couple of things: 1) that they don't own the code, I do; that they're only buying a service that happens to present their information in a web browser, or something to that affect. 2) if I die or otherwise am unable to continue doing this, that they get the source code and a list of companies able to continue, or at least to find someone else via a large resource list (that would be this WebCat Talk list). Actually, I only have Charles Kline on that list; he is a personal friend and lives nearby. In fact, I have him on my emergency contact list I carry with me in my wallet (Didn't know that did you Charles?) 3) that I have to host the site, and if they decide to take their business elsewhere..., well, I really don't know how to address this one, or if I even need to (see no. 1). 4) something about liability in case they try to blame the site for their business failure, data loss, or some such BS. (on the sites where I maintain a membership or other direct DB, I give them a link to a tab-delimited text file of their data so they can make their own data backups; also I backup the server nightly, albeit to a local HD, so if the building goes up in smoke... well, I do mean to set up an offsite Retrospect BU strategy before too long) I would love commentary on how others deal with these issues. I'm soon going to pitch a project to an organization that feels the portability of the site is important in case the company goes out of business, for instance. Even a pro bono client asked me about no.2. Thanks, Terry ------------------------------------------------------------- This message is sent to you because you are subscribed to the mailing list . To unsubscribe, E-mail to: To switch to the DIGEST mode, E-mail to Web Archive of this list is at: http://webdna.smithmicro.com/ ------------------------------------------------------------- This message is sent to you because you are subscribed to the mailing list . To unsubscribe, E-mail to: To switch to the DIGEST mode, E-mail to Web Archive of this list is at: http://webdna.smithmicro.com/
Associated Messages, from the most recent to the oldest:
I tend to think about these things practically. It sounds like you are an ASP so you might want to find issues raised by these types of agreements. Typically, given the control you want over the code, there is either a service guarantee (uptime, availability, speed, bandwidth) and/or code escrow (as you've intimated). How often is code escrowed? Who suggests the design of the site? Do they have any IP ownership? Is there joint IP? Think about what services you are providing and how it might be that you are unwilling to continue working for the client. Is it their breach, if so, do they get any help from you? Is it your breach? If so, what do they get from you? Also, you should hire an attorney versed in these issues. A general practice attorney will not know what the issues are and how they are usually treated. I would check client references. If they don't have software companies on the list, keep looking. As for point number 3, you may want them to have some comfort in owning their data (which you will provide to them on a regular basis or, more risky to them, on termination) You also need to think about security. What do you guarantee? Is there insurance in place? Yours or theirs? Will there be encryption? Who can access the server? What if there is a DOS attack? Viruses, spam etc. Like I said, get an attorney who knows all the problems you will face in case things go south. Bill -----Original Message----- From: Terry Wilson Sent: Tue, 19 Oct 2004 12:33:35 -0400 To: "WebDNA Talk" Subject: policies, slightly OT After having been my own client for 6 years, for the past year or so I've been doing sites for others. In a few weeks I'm having a lawyer put together my legalese, and would appreciate some guidelines and how others address these issues, and if there's something else I need to address. Aside from typical boilerplate stuff my attorney surely has for other business clients, I want to clarify a couple of things: 1) that they don't own the code, I do; that they're only buying a service that happens to present their information in a web browser, or something to that affect. 2) if I die or otherwise am unable to continue doing this, that they get the source code and a list of companies able to continue, or at least to find someone else via a large resource list (that would be this WebCat Talk List). Actually, I only have Charles Kline on that list; he is a personal friend and lives nearby. In fact, I have him on my emergency contact list I carry with me in my wallet (Didn't know that did you Charles?) 3) that I have to host the site, and if they decide to take their business elsewhere..., well, I really don't know how to address this one, or if I even need to (see no. 1). 4) something about liability in case they try to blame the site for their business failure, data loss, or some such BS. (on the sites where I maintain a membership or other direct DB, I give them a link to a tab-delimited text file of their data so they can make their own data backups; also I backup the server nightly, albeit to a local HD, so if the building goes up in smoke... well, I do mean to set up an offsite Retrospect BU strategy before too long) I would love commentary on how others deal with these issues. I'm soon going to pitch a project to an organization that feels the portability of the site is important in case the company goes out of business, for instance. Even a pro bono client asked me about no.2. Thanks, Terry ------------------------------------------------------------- This message is sent to you because you are subscribed to the mailing list . To unsubscribe, E-mail to: To switch to the DIGEST mode, E-mail to Web Archive of this list is at: http://webdna.smithmicro.com/ ------------------------------------------------------------- This message is sent to you because you are subscribed to the mailing list . To unsubscribe, E-mail to: To switch to the DIGEST mode, E-mail to Web Archive of this list is at: http://webdna.smithmicro.com/
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