J
JimJim
Guest
First off, I appreciate anyone who reads my post and takes the time to give some imput.
I run an a small (one man) internet business that helps to locate missing family members via the internet. A client paid $50 USD for me to search for his father. I supplied the search results soon after and my email expressed that I was confident in the results, as I was. The client preceeded by flying to Athens (from Columbia) to visit the family member at the address (I didnt know that he did this until he got back). I get an email soon after stating that he flew out there and the address was incorrect (I would say non-current more than incorrect, such as a past address). He first demanded his $50 dollars back or he will take legal action. I refunded his money after an arguement that we dont offer a money back guarantee and we don't work for free. So his money was refunded, then I get an email from his saying that he wants me to pay for all his travel expenses he incurred from flying to athens from columbia for 3 days. I explained to him that we cannot verify addresses ourselves due to the respect we have for our clients privacy and that he should have sent a 5 dollar letter to verify it instead of flying all the way out there and expecting us to pay for it. He is being very difficult and still threatening legal action. Just to note, I have refunded the $50 he paid me, I have no money of his. Now for my questions.
1. Because he is in Columbia and I am in Canada, can he take me to small claims court (or any legal action)?
2. Travel expenses for a 3 day trip over seas would be about $5000 US (that he spent to go verify the address in athens). Is this small enough for small claims court or something larger.
3. I did not have a disclaimer at the time of the purchase from him to me, but I have added it yesterday stating the below
*Company name* are not liable to any party for any and all direct, indirect, special, incidental, exemplary, or consequential damages, losses, claims, demands, expenses (including attorney's fees) or liabilities of any kind arising out of, or from any reliance upon, the information disseminated, sold or displayed on *Company name*'s web site, or any information *Company name* failed to provide, including but not limited to, business interruption, lost profits, labor costs, overhead costs, even if *Company name* is expressly advised of the possibility of such damages.
Does it matter that the disclaimer was not on the site at the time of his purchase? I know that in alberta you can have a no-money back guarantee but you dont have to have it on your site. But im not sure about the disclaimer?
4. Am I really responsible for the actions he decided to take after I gave him the address of the family member? We offer a guarantee that states we will keep searching if the address is incorrect. NOT, we will pay for all travel expenses you had if the address is incorrect. What if he would have flewn his whole family out to Athens, would I have to pay for that too?
In summary I would like to know if because I am in Canada and he is In Columbia should I be worried? Will he have to sue me (etc.) here in my province in canada? And if it turns out he has alot of money and it determined to attack me (he seems very bitter) could he take any legal action?
Once again, I REALLY appreciate any input anyone can give to this matter.
Thank you.
I run an a small (one man) internet business that helps to locate missing family members via the internet. A client paid $50 USD for me to search for his father. I supplied the search results soon after and my email expressed that I was confident in the results, as I was. The client preceeded by flying to Athens (from Columbia) to visit the family member at the address (I didnt know that he did this until he got back). I get an email soon after stating that he flew out there and the address was incorrect (I would say non-current more than incorrect, such as a past address). He first demanded his $50 dollars back or he will take legal action. I refunded his money after an arguement that we dont offer a money back guarantee and we don't work for free. So his money was refunded, then I get an email from his saying that he wants me to pay for all his travel expenses he incurred from flying to athens from columbia for 3 days. I explained to him that we cannot verify addresses ourselves due to the respect we have for our clients privacy and that he should have sent a 5 dollar letter to verify it instead of flying all the way out there and expecting us to pay for it. He is being very difficult and still threatening legal action. Just to note, I have refunded the $50 he paid me, I have no money of his. Now for my questions.
1. Because he is in Columbia and I am in Canada, can he take me to small claims court (or any legal action)?
2. Travel expenses for a 3 day trip over seas would be about $5000 US (that he spent to go verify the address in athens). Is this small enough for small claims court or something larger.
3. I did not have a disclaimer at the time of the purchase from him to me, but I have added it yesterday stating the below
*Company name* are not liable to any party for any and all direct, indirect, special, incidental, exemplary, or consequential damages, losses, claims, demands, expenses (including attorney's fees) or liabilities of any kind arising out of, or from any reliance upon, the information disseminated, sold or displayed on *Company name*'s web site, or any information *Company name* failed to provide, including but not limited to, business interruption, lost profits, labor costs, overhead costs, even if *Company name* is expressly advised of the possibility of such damages.
Does it matter that the disclaimer was not on the site at the time of his purchase? I know that in alberta you can have a no-money back guarantee but you dont have to have it on your site. But im not sure about the disclaimer?
4. Am I really responsible for the actions he decided to take after I gave him the address of the family member? We offer a guarantee that states we will keep searching if the address is incorrect. NOT, we will pay for all travel expenses you had if the address is incorrect. What if he would have flewn his whole family out to Athens, would I have to pay for that too?
In summary I would like to know if because I am in Canada and he is In Columbia should I be worried? Will he have to sue me (etc.) here in my province in canada? And if it turns out he has alot of money and it determined to attack me (he seems very bitter) could he take any legal action?
Once again, I REALLY appreciate any input anyone can give to this matter.
Thank you.