Worthless Guarantees for Consignment Software

"Software guarantees aren't worth the web page they are written on
if there are no assets backing them."

At least one software vendor offering (web-based) consignment software 'guarantees' data safety in his advertising:


WE guarantee that your data will be safe. "WE guarantee that your data will be safe."

However, in the legal 'Terms and Conditions of Use' he totally disclaims any liability:


Provided 'AS IS' without warranty of any kind. Not liable for any damage whatsoever. Not liable under any circumstances even if negligent.

'Provided 'AS IS' without warranty of any kind.'

'Not liable for any damage whatsoever.'

'Not liable under any circumstances even if from negligence.'

'Even if you could win, your maximum award would be one month's payment!'

This is not a mere oversight. It's deception. On the surface you're being told that 'we guarantee data safety' but where it really counts (in the legalese) the guarantee means absolutely nothing.

Corporation

The person guaranteeing 'data safety' is operating as a corporation (Software Group, Inc.).

His personal assets are not at risk and do not back his 'guarantee'. His guarantee is made under the veil of a corporation so you would need to know the assets of the corporation to know if there's any substance to the guarantee.

So when you customers' information gets hacked and they turn on you, what recourse do you have against the person making the guarantee and are there any assets of the corporation to cover your potential losses? Even if there are assets, what legal battle would you have to go through to be compensated?

Dependability: Who is 'We'?

Making your business dependent upon software can be a great move. Choosing a software totally dependent upon one person makes your business totally dependent upon one person (staying in business, showing up for work everyday, keeping his computer (not yours) and himself in the game).

Who is 'we'? The consignment-software industry is filled with individual programmers who wrote their own program, gave it a name and a website and suggests (unfairly) that there's a 'team' of people involved in daily operations WHEN IN FACT THE RISK IS THAT THE ONLY PERSON WHO CAN ATTEND TO THE SOFTWARE IS THE PERSON WHO WROTE IT.

Wouldn't you think that taking such phenomenal risks would be deeply offset by the price of the software?

Much to the contrary, lone programmers work very hard at disguising risk. If they can succeed at fooling people into believing that their software is a product of a dependable software-development company, they can command ludicrous never-ending fees for their software.

Even true cost is tucked away as a second mention: While the advertised price might be "just $99 per month" the fine print says that shops with more than 150 consignors must pay $149 per month.

Once locked into the software no doubt users can count on future price increases.

High Cost - High Risk

If you didn't know about the perils of online ('cloud', 'web-based') software, it's perfectly understandable. The person hoping you'll buy into his cloud software purposely avoided disclosing these FACTS so as to not discourage you from transferring a whole bunch of money from your pocket to his.

It's very easy to work 'remotely', without the big risks and big costs. Install computer-based on a YOUR computer (not his) and do either of these things:

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