Rank & Rent - Liability

homeriscool

homeriscool

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Hi all, can anyone explain to me what would happen if I rented out a site to a company and they caused an accident or damaged something by mistake.

It couldn't come back to me could it? After all, the site is registered in my name.....
 
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@tazarbm I see that you give this a thumbs up. Do you have any thoughts about it?
 
homeriscool said:
@tazarbm I see that you give this a thumbs up. Do you have any thoughts about it?
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nope. I gave you a thumbs up because I would like to know this answer, too so I'm glad that you asked. But I don't know the answer.

Let's hope someone fills us in on this :)
 
Do you have a disclaimer page on your site?
 
I may be able to assist here.

Can you please clarify the situation you are concerned about? What exactly would they "damage"?
 
The one who sents the invoice to the client is liable. So if the service provider invoices the clients themself, they are liable
 
I'd probably have a tick next to the form to say they've read the conditions which say the contract/work is with the lead buyer and not you.
 
the__1 said:
I may be able to assist here.

Can you please clarify the situation you are concerned about? What exactly would they "damage"?
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I've had a company contact me about generating leads for their business. Let's say its in the plumbing niche.

Let's say the plumber fixed a leaking pipe and 1 week later it started to leak again and flooded the house.

Who is liable?
 
jamie3000 said:
I'd probably have a tick next to the form to say they've read the conditions which say the contract/work is with the lead buyer and not you.
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I would imagine a lot of people would be put off by that....

And most of the leads come in by phone calls.....
 
MisterF said:
Put in that you are just the informational provider, not the actual service provider etc and any contract is between the buyerand the service provider.
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So if I put a small link in the footer of the website linking to a disclaimer page that would be suffciant?
 
homeriscool said:
I've had a company contact me about generating leads for their business. Let's say its in the plumbing niche.

Let's say the plumber fixed a leaking pipe and 1 week later it started to leak again and flooded the house.

Who is liable?
Click to expand...

The plumber.
 
If ur company is in the imprint/tos listed, u are liable. Not the plumber.

Or let's say you are in the footer as a company listed, the customer calls the website and comes to the plumber. They mess up. The boss of the customer's company orders his secretary (who of course does not know the name of the plumber company, and also does not know that your site is a rankandrent site) to call the plumber company, who may find you on their website.

They may find you on your website and report your name, because the plumbername is not included. In court, you will be blamed.

If that's the case, everything just points to you being the contractor. This is misleading and a massive risk for you. You would also be liable for any defects or damages in this case. It is the impression of an average viewer that counts.

This is how it would look legally for me in my homecountry Austria. Im not sure, where u are from but the best way to be on the safe side is to ask a lawyer. If you are from EU, the laws are certainly not much different from mine.
 
G said:
If ur company is in the imprint/tos listed, u are liable. Not the plumber.

Or let's say you are in the footer as a company listed, the customer calls the website and comes to the plumber. They mess up. The boss of the customer's company orders his secretary (who of course does not know the name of the plumber company, and also does not know that your site is a rankandrent site) to call the plumber company, who may find you on their website.

They may find you on your website and report your name, because the plumbername is not included. In court, you will be blamed.

If that's the case, everything just points to you being the contractor. This is misleading and a massive risk for you. You would also be liable for any defects or damages in this case. It is the impression of an average viewer that counts.
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How is your jr VIP being displayed in black?
 
G said:
If ur company is in the imprint/tos listed, u are liable. Not the plumber.

Or let's say you are in the footer as a company listed, the customer calls the website and comes to the plumber. They mess up. The boss of the customer's company orders his secretary (who of course does not know the name of the plumber company, and also does not know that your site is a rankandrent site) to call the plumber company, who may find you on their website.

They may find you on your website and report your name, because the plumbername is not included. In court, you will be blamed.

If that's the case, everything just points to you being the contractor. This is misleading and a massive risk for you. You would also be liable for any defects or damages in this case. It is the impression of an average viewer that counts.

This is how it would look legally for me in my homecountry Austria. Im not sure, where u are from but the best way to be on the safe side is to ask a lawyer. If you are from EU, the laws are certainly not much different from mine.
Click to expand...
OK now this has me confused. I trust @MisterF as I know he's in the SEO business. If he says a disclaimer is what is needed then who am I to disagree.

But I also see your point of view too.
 
This is a great question and I think it's a simple matter of logic.

The liability is on the parties who concluded the contract.

Dude...Where are you ? On BHW...

If I buy a SEO service and the job is shitty, I don't sue BHW but the service provider. It's the exact same.

You are the guy who sell leads, not the guy who do the job with these customers. Your contract extends only between your website and the service providers. Customers are not your liability at all.

Customers have a contract with the service providers they ask for, not the website which is only the medium between the two.

If the customers were buying on your website it would be a different story but it's not what you do.
 
Check for example the Terms and rules of BHW:

1644928212646.png


You should have one like this on your website, in a written way to avoid any problems. Ask a lawyer or check online for the content which may be appropriate but even without it... it's obvious the contract is not between you and the leads.
 
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