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Unpopular opinion: force majeure in a 3 year SaaS deal is getting vague
Last month I was reviewing a renewal for a software vendor we've used since 2021, and their force majeure clause now just says 'events outside reasonable control' without any list of examples. Three years ago when we signed, that same clause named specific stuff like power outages and internet failures. My lawyer friend says broad language can help us if something weird happens, but I think it gives the vendor way too much room to dodge responsibility for their own server issues. We had an outage last week for 4 hours and they tried to claim it was a 'third party cloud disruption' even though their own status page showed a config mistake. So which side do you lean on, tight lists that can miss things or fuzzy wording that invites fights? Has anyone else negotiated this in a renewal and gotten real protection added without blowing up the whole deal?
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