Quality Content Writers Group

Professionally organised?

by Arthur Webster Just plain honesty
Arthur Webster Senior   Just plain honesty
I thought this level of incompetence would never be seen in the terms and conditions of a large organisation. The following is the progress of a support ticket I submitted:-

 

1    Message by you on Wed, 30th Apr 2008 11:00 pm

Hi,

I am thinking about XXX as an option for a website I am setting up but I was absolutely staggered when I saw this line that I am expected to agree to.

By completing this form and checking this box, I certify that the product(s) and/or service(s) I will be selling conform to XXX's Prohibited Products List.

Do you really want me to sell prohibited products?

Arthur Webster






2    Message by mosborn on Wed, 30th Apr 2008 11:32 pm

Dear Mr. Webster;

That's cute, but wrong.

Obviously we do not want vendors to sign up if they are selling prohibited products. That is why we insist that their products and services conform to our requirements.

CONFORM: to be obedient or compliant —usually used with to<conform to another's wishes> b: to act in accordance with prevailing standards or customs <the pressure to conform> -- http://www.merriam-webster.com/dictionary/conform



con·form Audio Help /kənˈfɔrm/ Pronunciation Key - Show Spelled Pronunciation[kuhn-fawrm] Pronunciation Key - Show IPA Pronunciation
–verb (used without object)
1. to act in accordance or harmony; comply (usually fol. by to): to conform to rules. -- http://dictionary.reference.com/browse/conform

Matthew Osborn
XXX.com






3    Message by you on Thu, 1st May 2008 10:53 am

I well understand the meaning of the word "conform".

Read your condition again - By completing this form and checking this box, I certify that the product(s) and/or service(s) I will be selling conform to XXX's Prohibited Products List.

Now, you might want me to sell products that conform with your APPROVED products list but you would, I hope, not want me to sell anything that conformed with your prohibited list.

This is very bad use of words and, while I can surmise the intent of the words, the meaning, in a contract, is quite clear and unequivocal. Effectively, this very poor use of the English language means that every person who accepted this condition is in breach of your terms and conditions.

That is not cute!


It did not occur to me that any company of any size would make such a fundamental mistake in their terms and conditions.

 

Imagine how I felt when they defended their error by pointing out the meaning of the word 'conform'. They should have also looked at the qualifying 'with what?'

 

What a strange world we do live in.
May 1st 2008 04:06

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Comments

Cheryl Baumgartner Professional Premium   Medical Billing/Coding/Insurance
Well Arthur it takes all kinds....even stupid ones!
May 1st 2008 17:09   
Arthur Webster Senior   Just plain honesty
Since I have been ignored and this company must be run by, let's simply say, silly people, please note that the company involved is 2CheckOut.

Be warned if they try to recruit you through their many affiliates - with T o S like this, you will be damned if you do and could be damned if you don't - and you might be damned any way.

https://www.2checkout.com/2co/signup?currency=EUR is the link I used to find out about their accounts in Euros (no it is not my link - I would not join something so badly controlled) and you can go there to see the condition in place. (It is 18:34 GMT +1 on May 6th at this moment. It is there now.
May 6th 2008 11:33   
Arthur Webster Senior   Just plain honesty
Well, now I know the sort of people I might be dealing with -

It is unfortunate that you don't agree with the choice of words,
"....conform to 2CO's Prohibited Products List". We require that any product
or service that you want to sell is in compliance with the Prohibited
Products List. The list includes products and services that you cannot
sell, therefore, to be in "compliance" means that you agree not to
sell any product or service on that list.

I will not get into a debate over the choice of words or argue about
semantics.

I knew all along what they meant but I did not realise that they did not know what they had said.

May 7th 2008 11:37   
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