I have a site that we keep updated as and when the client needs it. 2 years ago we had a forum on there that we occasionally went in and deleted spam posts on the clients behalf. When the new site was started a year or so ago, the client asked us to ‘unlink’ the forum from the site, but not to delete it as they may want to relink it later.
So we moved it into a folder on it’s own, added some spam filters which were advised on the specific forums user forum and changed the moderation allow no posts to be made.
Some 6 months passed and the forum had been hacked leaving quite a lot of rogue back links which is obviously bad for the site and it’s rankings.
The client has come back to us and said that they want a lot of free work from us to update the site, to help improve the ranking in google as it has taken a hit because of the forum backlinks from spammers and that they were considering legal action because of the potential-lost revenue. We initially said that we were happy to do this as we want the site working to the best of it’s ability, and will still do this, but are not happy about the fact that we were never specifically employed to keep the forum up together although in hindsight we should have removed it from the server completely.
Is there any advice that any one else has had in this or similar matters? We are still going to help them out obviously as we do want the site to work for them, but just feel that it;s a bit unfair to blame us entirely for what has happened.
Hi Nathan,
I find it quite sad that this company is happier to try and sue you rather than work with you to resolve these issues. I’ve a clause in my contracts that specifically addresses bugs, server issues and vulnerabilities in 3rd party software.
For example;
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
I’d be inclined to talk with your client and explain that the vulnerabilities in the forum software are out of your direct control but explain that you are willing to work on returning it back to a sanitised state for free as a mark of goodwill. I’d also revise your contracts to explicitly indemnify yourself from legal action against failures like this where you are relying on your web host, third party or software provider for a product or service outside of your control.
Regards,
Tim.
On 22 Feb 2013, at 11:41, BigG wrote:
Is there any advice that any one else has had in this or similar matters? We are still going to help them out obviously as we do want the site to work for them, but just feel that it;s a bit unfair to blame us entirely for what has happened.
Did your site come with a lifetime guarantee or something?
Let me see - they wanted a forum and you gave it to them. They wanted the
forum disconnected but not deleted, and you gave that to them. Now, how is
it that are you liable for what spammers do?
Anyone who threatens me in any way gets nothing - I will not work under
threats. Let them set the lawyers on you and you will be their slave
forever.
I agree with you all. We are going to work with the client to help them out but certainly would not take the blame for it. I wanted to hear others opinions and to see if something similar had happened to others.
I’m not one for being ‘blackmailed’ in to anything so am going to investigate the full extent of what they are suggesting and if is not as bad as they say then I won’t work with them because if their attitude in this case.
I am currently helping the client update the website with some SEO changes and some overall additions. This will not take long and will help the site regardless.
We put down on paper what our terms were to work with the client and have also documented what has gone on, and will document all communication from now on, which should have been done before then we would not have come to this point. Our only fault if there was one, was either not deleted the forums when we wanted to OR not telling the client that the forum they wanted us to keep on the server was not being moderated.
Now that we have started, the relationship seems to have calmed down and hopefully will stay that way.
My advise is if there is any doubt or any fundamental changes that are being made that communication is made and documented.
Seems to me a client I’d rather say goodbye to … even if I need the money.
Happened to me once, and even though he offered me some work later on, I passed. I wasn’t ready for another bumpy ride full of blame, complaints and regret. I had everything covered, even the authority to shut things down when it became ugly. And it did.
I just realized I could do without going that road again.