Legal Question in Technology Law in New York

Offer free computer service / write a contract for my protection

Prior to attempt to fix the problem I would also take preliminary precautions such as;

1. I will have the user use the computer and show me exactly what the problem is. At that point I will determine whether I think I have the experience to fix it.

2. I will back up the clients personal data to CD or DVD. Of course, a backup, can be corrupt.

After performing computer services it has been my experience that either via coincidence or something I've done or the user does after a visit, problems could crop up effecting use of the clients computer in a negative way.

I would like to protect myself from having to do more than 1 follow up visit. I would like to protect myself from having the client assume that after I visit and complete the free service that I am their sole technical support for all further problems.

I would like to protect myself from being sued in small claims court if I irretrievably lose client data or make the computer unusable.


Asked on 1/27/06, 11:21 am

1 Answer from Attorneys
Meyer Silber The Silber Law Firm, LLC

Re: Offer free computer service / write a contract for my protection

You need to write an agreement which limits your liability and have the customer sign it. Do not, however, have the client waive a right to sue you. That would probably not be upheld. You might want to hire an attorney to write this agreement.

Let me know if you need anything further.

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Answered on 1/27/06, 11:30 am


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