“Force Majeure” – An event that is a result of the elements of nature,
as opposed to one caused by human behavior.
This nugget is a common clause in contracts that essentially frees both
parties from liability or obligation when an extraordinary event or
circumstance beyond the control of the parties, such as a war, strike, riot,
crime, or an event described by the legal term “act of God” (such as
hurricane, flooding, earthquake, volcanic eruption, etc.), prevents one or
both parties from fulfilling their obligations under the contract.
Having a landscaper or electrician be excused from performing his services
due to a hurricane is reasonable, and not an objectionable use of a force
majeure clause in a contract with one of these types of service providers.
Many cloud service providers would also want you to believe that it’s
reasonable for them too, along with thei... (more)
A number of studies I’ve recently read indicate that more enterprises will
use cloud services in 2013 than ever before. This fact is not lost on many
of my software vendor clients, who are transitioning many of their
on-premises products into cloud-based offerings.
The problem many of these vendors are facing is the inability to address data
privacy and security demands placed upon them by their customers due to the
weak contractual protections offered by the vendor’s hosting providers.
As a result, the time and cost savings expected by leveraging the cloud model
are lost by e... (more)