In a contract to do tech support, can I limit my liability if the client wants to give the login info to 3rd party tech people?

Asked 5 months ago - New York, NY

I'm about to sign a contract with a client doing tech support, web development, digital marketing. How can I limit my liability when the client wants me to grant access to access the protected areas which are my responsibility to third party developers. How would I phrase it in the contract?

My concern is, If the system breaks, who will fix it?

Attorney answers (4)

  1. Peter J Weinman

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You can absolutely limit your liability in this area, but there's no way anybody is going to be able to help you here with "sample language" if that's what you are hoping for. You will definitely need to sit with a local attorney who has had the opportunity to review the agreement before advising you further. Good luck!

    I'm just 3 "helpful" answers away from a free toaster-oven! I may be guessing or not licensed in your state. No... more
  2. Mahir Sheikh Nisar

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You should retain an attorney who handles contract drafting especially software related contracts and understands the tech support aspect. Generally our office separates license agreements and tech support agreements.

  3. Tawsif Ahmed Chowdhury

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Have an attorney review the contract and put in the required language.

    The information provided is general information only and does not constitute legal advice nor does it create an... more
  4. Simon W. Hendershot III

    Pro

    Contributor Level 4

    1

    Lawyer agrees

    Answered . Yes, you can limit your liability. The specific language necessary will depend on other provisions of the contract so there is no "standard" language that can simply be used. Also it will depend on the jurisdiction that the Agreement will be enforced in. As to your concern about "if the system breaks who will fix it", this issue should be specifically addressed in the agreement. The Agreement can be drafted so that it contains language to specify who is responsible for what issues or damages. I suggest you retain an attorney familiar with these types of agreements to review the entire agreement, discuss your complete facts and concerns and provide the specific language applicable to your contract. Good luck.

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