Very true. You'll be hard pressed to find an IP/transit/dark fiber provider who is going to agree to be liable for anything except what you've paid in the event of an SLA violation. -brandon On 2/22/09, Patrick W. Gilmore <patrick@ianai.net> wrote:
On Feb 22, 2009, at 1:26 PM, JC Dill wrote:
Seth Mattinen wrote:
If I give someone money to do something, and they fail to meet the contracted metrics, what else can they give me except money back?
They can pay a penalty. Simply giving you your money back may not make you whole. Many businesses could make out like a bandit if they don't have to pay a penalty when they don't perform, but just give you your money back. In some lines of business (e.g. residential rental housing) we have laws to protect buyers (renters) that stipulate penalties when sellers (landlords) don't provide the services (livable housing) required by law, in addition to refund of the fee (rent) paid for the services.
Giving you your money back when you didn't get the goods isn't really providing an SLA, it's simply not defrauding the customer.
That ain't gonna happen.
The housing laws you mention are the exception, not the rule. Very, very, very few businesses have any liability for lack of performance other than the money you paid them. And some not even that.
-- TTFN, patrick
-- Sent from my mobile device Brandon Galbraith Voice: 630.400.6992 Email: brandon.galbraith@gmail.com