RE: Where Do I Stand?

jpf <[email protected]> 16 Jun 2003 21:06:20 -0000
Newsgroups gmane.comp.web.oscommerce.gpl
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http://forums.oscommerce.com/viewtopic.php?p=183250#183250
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How about "commsision to administrate" the person's product on a website.

You would be charging "fees" to setup, admin, configure and maintain the person's website or that person's items on the specified website.

You can't "rent" or sell or collect commision on the OSC code but you can charge a fee for your self to admin the software without breaking the licence.  If you own the website address and your directly paying for the hosting (as in it is in your name) - you have total control - then they are paying you a commision to help market and sell there product.  As long as you control the site - you can "RENT" or charge your services as you like. That way if customer refuses to pay up - you could remove there items off the site or close it entierly.  However if they are paying directly for hosting then you better charge up front.  They "own" the hosting space and if they deside not to pay you - you could face legal charges if you go back in and "remove" or change anything.  Same goes for the Site name - they can have SOMEONE ELSE move or "take" everything and move it and the NAME to a differnt hosting.

Reduce the chances:

Have person sign or "agree" to some contract or "terms of service"
Have control of hosting
Have exclisive FTP/cpanel (or simular) control
Own or control the website NAME

(You must have atleast 2 of the above to have a Major controling part)

However a simple contract for YOUR services sould be done up expalining the points of who controls what and what all the conditions are (ie: for non-payment, posting illegal goods on site, slander, that you will not be libel for customers products,  ect... ) for the customer to "agree" to.  If he does not "Agree" then don't deal with them.  

I can think of at least 12 major thing I would state however I don't know eveything your doing and the total relationship you have with other person.

I am not a lawer and do not take what I said verbatum - but you should collect together your situation and think of what you may have to write up in a "contract" and then consult a lawer so he/she can write it to cover your ASSets.

(look at most commercial ISP or Software contracts/policy/conditions for examples to start with)

I have been dealing with many bussinesses and contracts over the years - I could look back and "CUT ' N PASTE" out of ones I have and make a very legal sounding contract.  It might even be useable in court (but don't take my word on it).