[LINK] Cloud Computing Services in Australia?

[Roger Clarke]

At 10:03 +1100 8/11/11, Bernard Robertson-Dunn wrote:
>So what's the legal position if their application, running on your
>machine does not perform as expected or required? Is it your
>responsibility or theirs?

To the extent that a responsibility exists, generally yours.

You may have recourse against them, e.g. you may be able to join them 
as a party in the action, or commence a chained action to claim 
damages.

But cloud contracts and Terms of Service are generally written so as 
to exclude all warranties and indemnities other than those imposed by 
law;  and the law continues to be all-but-useless in that regard:
http://www.rogerclarke.com/SOS/PaperLiaby.html
(That's from 1995, but there's never been a sufficient need to update it)

But IANAL

-- 
Roger Clarke                                 http://www.rogerclarke.com/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University