Putting our money together

Discussion in 'Legal Issues' started by luke.burns, Dec 17, 2008.

  1. #1
    A few people and I are putting money together to buy a server... They're givin me the money and I'm payin for the dedi (payin monthly from a provider online). We're not really "friends" and I just want to know if they can form a lawsuit or some legal shit against me for some reason- if somethin happens with the server, since it's in my name.

    Thanks!
     
    luke.burns, Dec 17, 2008 IP
  2. hostlonestar

    hostlonestar Peon

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    #2
    I would consult an attorney over this matter. There are lots of issues when getting into 2 people getting something, let alone a few people. This is something you need to make sure you do nice and legally.
     
    hostlonestar, Dec 17, 2008 IP
    lightless likes this.
  3. luke.burns

    luke.burns Peon

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    #3
    I would but that's not at all possible for me. Could I get some idea of what could happen?
     
    luke.burns, Dec 19, 2008 IP
  4. Avitus

    Avitus Peon

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    #4
    You guys should just rent space on a managed hybrid server (separately).. Search Google if you don't know what a hybrid server is.
     
    Avitus, Dec 19, 2008 IP
  5. Nonny

    Nonny Notable Member

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    #5
    At the least you should have some kind of written document that clearly spells out :

    - the server specs and how much each of you are paying - that way they can't back out claiming it wasn't what they wanted
    - how the server space will be allocated
    - how much each of the others are paying you, and when they will pay it - you don't want to get stuck holding a huge bill
    - your responsibilities for maintenance, etc.
    - what is the plan if the server goes down? who takes responsibility?
    - everyone must read, understand, and agree to the service provider's ToS
    - beyond the service provider's ToS, what each of you are allowed to use the server for - can you run CPU-hogging scripts? video hosting? porn? warez? spamming? If someone breaks the rules can the rest of you boot him off?
    - are the others you are sharing the server with allowed to sublet some of their space into subaccounts?
    - if one decides he doesn't want to share the server any more, how will you manage that? Does the person leaving need to find a replacement for the space or will the rest of you just cover his cost?
    - if you decide you don't want to manage the account any more, what will happen to it and how will you determine who will manage it?

    There are probably other issues as well, but the important thing is to spell everything out before you dive in. Each of you probably has assumptions as to how this is going to work, and those assumptions are probably different, so you need to get on the same page. That way differences can be hashed out and, if 6 months from now someone complains about the setup, you can point to what they agreed to. Ideally you'd have a lawyer draw something up, but I think just doing it on your own can be useful, even if it wouldn't hold up in court.
     
    Nonny, Dec 19, 2008 IP
  6. luke.burns

    luke.burns Peon

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    #6
    no we're set on server.

    nonny- i'll do that! do you have any tips on how to write these things out?
     
    luke.burns, Dec 19, 2008 IP
  7. Feydakin

    Feydakin Active Member

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    #7
    Anyone can be sued for just about anything in the US.. Whether they are successful or not is another story..

    Never enter in to a business arrangement without a contract..

    4 easy steps for a partnership:

    1. Get it all written down..
    2. Make sure everyone is of legal age to enter in to a contract..
    3. Get it signed by everyone..
    4. Hope it doesn't end badly..
     
    Feydakin, Dec 19, 2008 IP
  8. hostlonestar

    hostlonestar Peon

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    #8
    Also, check your state laws for forming partnerships. It will tell you exactly what you need to do to be within the law. And why can't you consult an attorney? Are you of legal age to enter a contract? If not, don't bother with any of this stuff, as it'll be your parents/guardians that need to sign a contract,. and they would actually be the ones that own your share of the business.
     
    hostlonestar, Dec 19, 2008 IP
  9. Nonny

    Nonny Notable Member

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    #9
    If it were me, I'd consult an attorney. Check any local law schools in your area - they may have programs where law students provide services for cheap(er). And if you do it your self, just be sure to include every detail you can think of. Spell everything out, even if it seems silly or obvious or trivial. And, as Feydakin and hostlonestar point out, you have to be at least 18 to legally enter a contract in the US. If any of you are younger than that, you are going to have to have a parent or guardian sign the agreement.
     
    Nonny, Dec 19, 2008 IP
  10. luke.burns

    luke.burns Peon

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    #10
    Well, sucks to be underaged. Thanks guys ;)
     
    luke.burns, Dec 21, 2008 IP