We are hosting our business on a web hosting company. We wanted to upgrade our plan to a more expensive but faster server, but before doing so, we specifically asked their support team IF THERE WILL BE NO DOWN TIME. they assured us through an email that there will be NO DOWNTIME. so we proceeded with the upgrade. But as soon as the transfer started, our emails, which is the backbone of our business, stopped working. For 4 days we were without emails, and we acquired a loss amounting to $9000. but looking into the terms and conditions of the hosting company, they stated "MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; " ... can we make the hosting company liable for anything given these terms? Pleas help us...
1 Answer from Attorneys
Thanks for your question. I think you need to have your matter and contract reviewed by an attorney to see if you do have any viable claims here.
In most cases, the hosting company will not be responsible for incidental disruptions much in the same way you would have no claim is your phone provider had some tech issues and went offline for a couple days. But I cannot make any conclusions here of course and the bigger question will be whether it is worth it for you to take legal action because in America you can sue for almost anything.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis