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 <patr...@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.galbra...@gmail.com