Right to refuse service?

Fae Dragon · 06-05-06, 06:19 PM

I have a question that I can't seem to find a clear answer to, so I'm going to post here to at least try to get a general opinion.

I provide a whole range of programming services. Everything from expense/revenue databases for mom & pops to full blown custom software packages. I also provide web design and graphic design services as well as building custom computers/networks.

My website will be going live next week sometime and I want to provide varying levels of discounts for charities, non-profits, anti-defamation/civil rights groups, and also to Pagan groups that have 501C tax exempt status(I'm Wiccan myself and want to help the community where I can.)

My concern is that I want to advertise that the discounts exist but I don't want to be stuck providing a discount (or even service) to a group that advocates violence, hate, bigotry, etc... and unfortunately some morons hide behind a title of defending a certain group to the detriment of society in general.

I'm looking for suggestions on how to word (or what words to avoid) in adding this to my site or perhaps I should not add it to the written word on my site and just offer the discount after talking to a client.

Any ideas or links to relevant information is appreciated.

GlobalWebDan · 06-05-06, 06:29 PM

Firstly, in the U.S., yes you can deny service to someone, but you have to step lightly. You may not discriminate (or cause someone to believe you have discriminated) based on race, national origin, religion, ethnicity, or age (especially older folks), even if you are a private business.

Generally, though, if a group is so blatant with its hate that they could be considered to be committing hate crimes, chances are you are within every right to deny service to them, and there is a slim chance you can be held liable.

However, the utlimate best course of action - as much as you may hate to hear it - is to consult with a lawyer from within your legal jurisdiction. Only then will you be able to receive firm boundaries that guide what you can and cannot do. Different countries, and different states/provinces/counties within countries, have different rules and regulations that must be followed.

Hope my rambling helps....

**Chris Gwynne** · 06-05-06, 06:30 PM

Either way you have the right to deny what work you don't want to do. However with the wording I'd say something like "Discount stuff - Conditions Apply."

You can list the broad specifics of such conditions, say what websites are acceptable and what websites you usually work with. Then if anybody applies who's not within these conditions simply tell them you're not able to take on the work at present.

**Baby Boy** · 06-05-06, 06:55 PM

^^ I was going to say the same thing as Chris above. Add something with saying that conditions apply. Then add it so on a new page it cover's the guidelines and such... and it'll tell what conditions apply, like restrictions against certain groups (and be specific, don't put on the page... no we don't server the KKK, just be like "We do not offer these services to groups or organizations affiliated with discrimination against gender, sex, age, creed....") and the list goes on.

Like some would say, break the conditions down into baby steps and avoid from such words as and/or/but or stuff like that. Also, include a part to speak about you reserving the right to deny a group or organization to services by you upon your own examination.

Fae Dragon · 06-05-06, 09:35 PM

Quote:

Originally Posted by GlobalWebDan

However, the utlimate best course of action - as much as you may hate to hear it - is to consult with a lawyer from within your legal jurisdiction.

The only problem is of course that specific advice from a lawyer in my jurisdiction might ultimately prove useless - with a client in England I can honestly say my clients are worldwide. So which country has jurisdiction, the transaction technically took place in both countries?

I have had a few other opinions and most seem to lean towards the suggestions from Chris and Baby Boy; but I am still not totally comfortable. I was reminded that the business lawyer at my bank owes me a favor (saved very important "irretrievable" data for him a week ago when I happened to be there waiting around anyway.) I think I'll call the mark in to work out some suitably vague legalese.

**Avix** · 06-06-06, 05:25 AM

If you dont want to work with someone, the easiest way I find is to say that we are fully booked for the next 6-9 months.

You are then being polite by not refusing them, but there is no chance they will agree to sign up there and then.

Coach Morse · 06-06-06, 08:50 AM

How about "discounts available for qualified clients"?

gm

Melos · 06-06-06, 11:00 AM

How about the simple phrase "We reserve the right to refuse discount (or service) to anyone for any reason" blah blah. I see this type of thing often - does it really cover your butt or is just lip service?

Slashmire · 06-08-06, 12:36 PM

I think GlobalWebDan summed it up pretty well; and if things are still ambiguous, I would simply suggest to browse through big companies Terms of Use, and you'll probably get good wording from there.

Fae Dragon · 06-08-06, 01:54 PM

So if I just advertise the discount and then tell the local white supremist (for example) I can't take any more work on right now I should be fine? I hate the idea of adding a right to refuse service to anyone line on my site but should I possibly just add it and swallow the bad taste just to be safe?