I have been coding this morning to take my mind off things - the FireBrick now has a load of "local DNS" functions which we're going to expand on later to allow more general wildcard DNS blocking and the like.

That has, slightly, calmed me down. To be honest I got no sleep, hence posting comments here at 4am.

I just cannot get my head around "we agree you are not in breach of contract, and the customer is in breach, but you still have to not only pay us £335 but pay the customer £1200 as well". It just "does not compute". Being not in breach of contract means we have won the case, surely. And they say they consider the law and contract. They say no award will be punitive. They say that an award for losses would be inappropriate as we were not in breach. Yet still they make an award.

However, the next step is go through the decision (not yet a final decision) step by step - identify any factual errors. I have also asked them to send us the actual "claim" as it seems from their decision that it is far beyond the scope of what we have already dealt with from this customer. It is strange we are expected to defend ourselves without knowing the accusation! Just another aspect of the alternative reality dispute resolution process - all normal process and legal frameworks go out of the window.

They will review it and make a final decision. If they do make a final decision that includes this punitive "good will" payment, then that means getting some legal advice. Can we ignore them as the decision is not "according to their terms of reference", and what wrath of Otello or OFCOM would insue if we did. We don't know.

This is meant to be an alternative to the courts - easier to use and less risk for the consumer or small business. But I had no idea it meant alternative law and logic.

I'll keep you posted.

Oh, and the new rack - yes, I know, pictures or it didn't happen... We are waiting on BT moving the old host links which I think is Monday or Tuesday. We then take a van in and remove the old rack and the kit. From what I can see everything is moved over now apart from that BT host link. We will have some tidying up next week, making sure the two host links are working as expected, etc, but we are nearly done.

Thank you all for your patience in this.

1 comment:

  1. what happens if you don't consent to their jurisdiction? without mutual consent they have none...


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