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Comcast internet went down for small business. Can we have our losses offset? Question
In a small call center which handles many calls, the internet suddenly went down. This led to major workplace disruptions the entire day, lost business, and stress. A small business depends on their internet subscription. Would Comcast, or a different internet provider if we changed in the future, offset the estimated loss in business revenue for not providing a paid service which is so heavily expected and dependent on?
1 answer
You don't provide the specific contract you have, but let's look at the Comcast Business Services Terms of Service for purchases on or after 4/1/2013 as an example.
Article 6.1:
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ... INCLUDING BUT NOT LIMITED TO ANY LOSS REVENUE, LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT ...
Article 6.5:
The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error in interruption in the Services could lead to severe injury to business, ... Customer expressly assumes the risks of any damages ...
So it sounds like you are out of luck, because if you signed a contract like this you basically promised that you won't hold them responsible for any losses.
Contracts can sometimes be voided by a court, if the court feels the contract is in conflict with the law. For that, you should probably consult with a lawyer specializing in business or contract law. However, note that due to section 7 of the same contract you have probably also agreed to go to arbitration and not sue.
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