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Posts: 1,455 | Thanked: 3,309 times | Joined on Dec 2009 @ Rochester, NY
#15
Originally Posted by SD69 View Post
1) Someone present a contract for the Board to sign (I can't prepare it as I am traveling)
I think just that was offered. So let's go that route.

IPHH has apparently offered to setup a storage contract, which contains legal agreements they would be comfortable giving. I suggest we have IPHH send a storage contract to Rob/Tim, along with the receipt and possession document, and see if that doesn't cover all concerns. If that involves a small cost or VAT, be sure to ask them to include that cost with the contract.

Good odds any cost involved will be well under what we would pay for any other solution. Not to mention quite under the cost for single additional month at out current provider if the delay pushes us past the 15th (assuming they even give us the option of that).

Originally Posted by SD69 View Post
2) Someone explain to joerg that the way to move forward is something like 1) instead of criticizing people you work with
Considering the level and tone of conversation you took during Council/Board elections against other Council and Board nominees, I find irony in your statement.

Sometimes criticism is due.

We have a golden opportunity here. Squandering it by demanding legal specific contract terms, which are not required nor fully understood by the Board, from a group that's not familiar with US corporate law, is wasteful.

It's clear to me that there's a gap in terminology, which is probably part cultural, part language, part technical, and part legal. Not the least of which is the Boards misunderstanding of the difference between the terms hosting and collocation, and how those terms differ contractually, both in the US and in Germany.

Joerg, you're doing good work, and it's appreciated. I would ask you to request IPHH to prepare a storage contract, including costs if any, and get that to Rob & Tim. That should give everyone involved at least a starting point.

And please stress to them that this is not because of anything they're doing. Rather is it because US law holds HiFo legally responsible for ensuring the well being of the community, which in great part is reliant on these machines and services. This is why it's important to them to have a signed contract for storage and/or colo, even if that costs a small amount more due to VAT.

Rob, your concerns are valid, and I understand why we need a legal agreement. I think the concept of a storage contract in this instance is quite reasonable, and legally allows HiFo coverage when it comes to equipment liability and community sustainability. When you get the contract from IPHH, please review it and see if there is any additional items we need.
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