My husband has created a social networking like website for a client. This client plans to sell accounts to this site. My husbands client went to an IP lawyer to draft up a terms and conditions for protection if he is sued. Unfortunately, my husband was told that the lawyer said the terms and conditions does NOT protect my husband as the web designer and that my husband needs to have his own terms and conditions to protect himself. It just does not make sense to me why there would be two terms and conditions for one website service. Can't there be a terms and conditions that protects my husband and the man he build the site for?
Answer
Whether or not it makes sense to you, your husband has been put on notice that he is not protected in some situations. While this is something he should have done prior to the job, he can choose to see a lawyer to protect himself or take his chances. The client's lawyer works for the client, not your husband.
Answer
Your husband's interests and the client's are NOT the same, and your husband should not even be in business doing websites without having his own IP lawyer. Your husband was warned that he needs counsel (and he should already have counsel).
Answer
There are two sets of terms and conditions because there are two parties to the contract and, thus, two different sets of interests to protect. By definition, your husband is going to want to have different protections than the client; that is why there are contracts in the first place.
If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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