1 reply
by timwalsh
Let me get this straight:
The sales staff is signing the end-user agreement?
YOU aren't doing anything improper. The sales staff isn't doing anything that would leave the company open to any legal action on the face os it.
However, the salesstaff's actions may actually prevent your company from taking any legal action in the event of end-user abuse of the system. Do the clients see a copy of the end-user agreement BEFORE the sales staff signs on their behalf? Is there anything in writing ANYPLACE that shows the client has authorized the sales staff to act on their behalf?
If the answers to these questions are NO, you should be uncomfortable with the process, because as it stands, your end-user agreement is providing you or your company no legal protection. In the event a client abuses your system in contravention of the agreement, or totally wrecks your system, your company is left with no legal recourse. The client can always say "We never saw any end-user agreement." or "We never authorized that sales rep to sign for us."
Generally, the purpose of an end-user agreement is for the USER to acknowledge that he is aware of rules for the proper use of a system and will abide by those rules. It also generally lays out the intended purpose of a system and what it will and won't do. If the client (the end-user) is not signing the agreement or authorizing the sales rep (in writing) to sign it, the agreement is junk.
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