Disclaimer to share?

Has anyone produced a disclaimer for Windows 10 EoL activity undertaken by repair café volunteers?

I am keen to ensure that customers are informed up front of the limitations of support that we are able to offer whilst protecting ourselves in the event of unforeseen data loss or other irretrievable actions and would like to have the wording approved by a suitably qualified legal eagle.

If you’ve already got one, could you share it with me please?

Our group does not have a specific disclaimer for software issues but the visitor agreement form has them sign to agree that we are not responsible for damage to their property.

We do have rules/guidelines when it comes to digital issues, e.g. prior to an OS reinstall or upgrade:

Is the data all backed up to an external device or secondary storage? Does the user consent to complete destruction of data in the selected partition? Preferably this is done prior to the event, however some users may need help and it is always worth checking and confirming before any data destruction. It could also be worth scanning documents for viruses. The device owner must always supply their own storage device for backup. Don’t put yourself or your group in danger of storing (even temporarily) sensitive information, pornography or a virus.

2 Likes

If they lose data, it’s because it hasn’t been backed up: as long as you check that, it’s not a problem.

Like @Monique says, as long as you make sure that they understand that you’re not responsible for any damage, that will cover loss of data too

You won’t get any wording “approved” by a “suitably qualified legal eagle”, because no lawyer, barrister etc. worth their salt is going to risk both their professional and financial livelihood by implicitly guaranteeing you against getting sued and thus getting themselves sued if/when they get it wrong or the situation changes underfoot.
The most you may get would be an expensive & heavily qualified “opinion” which might make you feel better but would have no practical significance.

1 Like

Until you get a better one, and you will have to modify this too, from https://portal.lancaster.ac.uk/ask/digital/services/it-facilities-and-services-on-campus/personal-device-repairs-at-the-workshop/

  • ISS will use reasonable skills and care to provide IT support, problem diagnosis and repair services to you. Please note ISS may not be able to advise on or repair/solve all problems/requests that you ask us to.
  • To the extent permitted by law, the University shall not be liable under or in connection with this agreement for loss of income, loss of business profits or contracts, anticipated savings, loss of information, loss of opportunity, goodwill or reputation, loss of or damage to or impaired performance of your computer, corruption or loss of data, or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Any data transfer from your computer while at the ISS workshop is your responsibility of yourself and not the workshop and/or ISS and/or Lancaster University.
  • ISS are under no obligation to provide you with IT support services and may refuse assistance for any reason.

One problem you way get, is that applications no longer work, or may need a fee paying upgrade. There is another senario that is where the apps work, but if the system breaks, and you re-install the old app on the new os it wont work. In the past had both these happen to me.

The smart way is to get the person to buy a new ssd, and a new install to that, and put the old disk as a backup on a usb to sata convertor

2 Likes

Thanks all for your comments and tips, it is much appreciated!