Contract on using computer resources of another

• Main Author: Cvetković Mihajlo
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2016-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: contract; Internet; performance (praestatio); services; analogy; consumers; pseudo-gratuitous contracts; cloud computing
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2016/0350-85011672183C.pdf

Contractual relations involving the use of another's property are quite common. Yet, the use of computer resources of others over the Internet and legal transactions arising thereof certainly diverge from the traditional framework embodied in the special part of contract law dealing with this issue. Modern performance concepts (such as: infrastructure, software or platform as high-tech services) are highly unlikely to be described by the terminology derived from Roman law. The overwhelming novelty of high-tech services obscures the disadvantageous position of contracting parties. In most cases, service providers are global multinational companies which tend to secure their own unjustified privileges and gain by providing lengthy and intricate contracts, often comprising a number of legal documents. General terms and conditions in these service provision contracts are further complicated by the '.service level agreement', rules of conduct and (non)confidentiality guarantees. Without giving the issue a second thought, users easily accept the pre-fabricated offer without reservations, unaware that such a pseudo-gratuitous contract actually conceals a highly lucrative and mutually binding agreement. The author examines the extent to which the legal provisions governing sale of goods and services, lease, loan and commodatum may apply to 'cloud computing' contracts, and analyses the scope and advantages of contractual consumer protection, as a relatively new area in contract law. The termination of a service contract between the provider and the user features specific post-contractual obligations which are inherent to an online environment.