the issue was clearly communicated yes, but that's as far as we got.
what I find surprising however was that there was evidently no QA/commissioning prior to implementation? seems pretty shocking given it's the only thing they do.
was it the responsibility of a third party tech provider or in house? chance of subrogation perhaps?
what about the full remediation?
what about loss mitigation procedures being implemented? any changes to prevent similar occurrences?
do we know the actual impacts around client acquisition and retention? surely there would be some business' who have moved elsewhere, permanently.
whoever suggested contractual limitations by pass legal liability doesn't really understand how the legal system works in my opinion, as misleading and deceptive conduct cuts right through any of this, especially if a service isn't fit for purpose. I understand it that you may possibly exclude con loss or limit liability for (example) scheduled downtime, but unscheduled downtime or operational error ... it would depend entirely on the court and circumstances. as someone earlier said, insurance may perhaps pick up some these costs and potential litigation, which may give further comfort.
i am just being cautious before I consider entering, which surprisingly appears to be problematic to some here. my concerns aren't meant to be offensive, but perhaps I would be a little more incautious around my decision making, if I were only investing my weekly pocket money....
as always, my opinions only and DYOR.
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