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A new client has asked us to rebuild their site and we’ve scheduled that for mid-November. In the meantime, they’ve asked us to maintain and support their existing site which is a piece of crap custom CMS from some other company.

We’re happy to do so but red flags are being raised in number as we don’t have the time / inclination to pore through the source files and clean them all up while we’re also building the new site.

Does anyone have (or can point us to) a boilerplate contract clause which frees us of any liability for downtime of the existing site due to poor build / coding? Does such a thing exist?

Many thanks for any suggestions.

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In the past we have just inserted a clause into any existing contract that indemnifies us from issues bought about by coding or product created by a third party and/or before our involvement.

You may need to get quite granular depending on the type of site, what it does, how it is used and the issues you feel exist. In these situations I would say the simpler the approach the better.

65 posts
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We have been in this situation in the past and as we use freelancers for the coding part (we’re designers) it left us with a very bad experience. Now we simply do not go into such situations, i.e. we do not maintain sites created by others, it may not seem the right thing to do and may lose us business but we are better off for it.

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