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  1. #1
    Your Lord and Master, Foamy gold trophy Hierophant's Avatar
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    Contracts

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  2. #2
    Hi there! Owen's Avatar
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    Well they had a contract and it gave IAM 5 days to approve or disprove any changes/design/etc, yet they still sued. This is the biggest and many consider the best webdesign company in the world. I imagine they certainly they covered their butts with a contract. But it doesn't matter - they got sued anyway over nothing more than a poor navigation scheme.

    Owen

  3. #3
    Misfit
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    If Razorfish has there agreement/contract nice and tight then they'll have no trouble. If they don't, well we'll see what happens...

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    Justin Stayton
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  4. #4
    Hi there! Owen's Avatar
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    I just read on /. that "Razorfish is currently being sued over the website they did for www.IAM.com. IAM claims that "Razorfish breached the Agreement with IAM.com by delivering wholly inadequate deliverables and services." Could this set a precendent for the quality required for custom built software?"

    And see this article for the details. Part of it was that they delivered late, but the other part was that they didn't like the design/navigation. What do you think? If you browse the site you'll see that it isn't too good (too many new windows), but it is still better then the majority of sites out of there. It makes one worry...

    Owen

  5. #5
    Kat's Meow Senior ******* WebKat's Avatar
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    It appears from the article about this suit, that it wasn't so much a case of not liking the style/color of the website, it was that the website designed was "flawed by grave technical and navigational problems" and " they breached the Agreement with IAM.com by delivering wholly inadequate deliverables and services"

    I don't think that just 'not liking the web site' is enough to sue or should be!

    Contracts are exchanges of promises. If your contract is in writing and signed by both, and one party fails to live up to the terms you set out in writing, this could be considered breach of contract and and you could be entitled to sue for damages, payment of the money necessary to make the job right.

    They may be able to convince a jury that the web design firm did not represent what they would actually offer the client - specifically what was written in the contract - and the web design did not make good on promises (e.g. provide a technically workable website) - this could also be considered fraud.

    As far as the '5 days' is concerned, if it is determined to be Breach of Contract, then this might not be relevant.

    Only consulting with a lawyer will tell...

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  6. #6
    Hi there! Owen's Avatar
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    I see. So if you design a site for me, and I feel the navigation sucks, and we have a tight legal contract, you won't mind if I try suing anyway? I'm sure you have plenty of money laying around to defend yourself against my horde of laywers. The point isn't if they will win or not, it is that they are being sued at all. No one would be stupid enough to put in the contract that they will make "a perfect site free of technical errors." They would just "make a site to the best of our abilities" or whatever the legalese is.

    Lets hope that you're right and they lose and not set a precendent. It could be bad for us (or good - all those people who design sites for $5000 that really suck will be gone.)

    Owen

    <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote/font><HR>Originally posted by Justin S:
    If Razorfish has there agreement/contract nice and tight then they'll have no trouble. If they don't, well we'll see what happens...
    <HR></BLOCKQUOTE>


  7. #7
    Kat's Meow Senior ******* WebKat's Avatar
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    No matter what happens in the end, this could open a Pandora's Box of problems...

    <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote/font><HR>Originally posted by Owen:
    So if you design a site for me, and I feel the navigation sucks, and we have a tight legal contract, you won't mind if I try suing anyway?
    <HR></BLOCKQUOTE>

    I would 'mind' big time - but if the promised/contractual navigation 'does not function', the graphics 'do not load', forms promised 'do not work', pages are not there, etc, etc then you should be able to bring legal action against my web design firm. First I would hope that you would contact me so that we could work together to bring the web site up to the contract's promises and is functional - most times communication between parties can solve many issues before the courts have to become involved. You many never satisfy some customers, but I would go overboard to try and correct anything that didn't function as promised. The actual design/style should have been ok'd by the client in the beginning, so I wouldn't feel responsible to redesign this again.

    I agree with you that no one can make a perfect site because if I could do that, then I would rich and every client would be happy &lt;grin&gt; To guarantee perfection is asking the impossible. But until all the facts are out about this particular case, it doesn't seem to me to be 'just' about not liking the website's design. To have your web work to 'function' for the client is something that is reasonable and is why you do business.

    <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote/font><HR>Originally posted by Owen:
    I'm sure you have plenty of money laying around to defend yourself against my horde of laywers.
    <HR></BLOCKQUOTE>

    Except for my penny jar, you won't get much from me except my lost reputation

    If this case does become a precedent for suing, then there will be a horde of lawyers reading to sue for anyone that doesn't like their web site's colors!

    If the facts prove to be just about not liking the designed web site, then I do hope that IAM.Com loses the lawsuit. But as the word gets out, win or lose, there will be more lawsuits...people just luv to sue these days!

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    My PawPrints by WebKat
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  8. #8
    ********* Addict
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    I just started adding a clause to my desig contracts. It goes as follows:

    13. Limits of Liability: The Client hereby agrees to indemnify, defend, and hold harmless the Company from any and all claims whether personal and/or property in nature, arising out of the sale of a product via the web site. The Client further agrees to indemnify, defend, and hold harmless the Company from any authorized or unauthorized conduct of Client's employee(s) that amounts to a claim for damages whether personal or property in nature. The Client hereby waives all claims against the Company arising out of the Client's expectation of sales and/or inquiries via the web site.

    I guess I should ammend that to say that once the 'inspection period' has passed, that the Client will also indemnify the Company from any damages.

    I've said before that if more people went to lawyers for checkups like we go to doctors, we would have less of a need for them.

    My $0.02

    Mike

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