We are often receiving this question from our clients. They are eager to verify if the link they want to buy on some of our websites will be (what they call) “permanent”.
What is the definition of permanent? In our opinion nothing is permanent in this universe, as everything is dynamically changing. There were no backlinks nor internet 50 years ago and we have no crystal ball to foresee if there will be any form of internet as we know if today 50 years from now.
This is also why we cannot confirm the “permanency” of the link placement. There are many aspects that can influence how long will the link be placed:
- existence of the website
- existence of internet in general
- website owners still alive
- website under the same ownership
- technology still using HTML as a language for links
- and many more unpredictable aspects
Therefore we cannot guarantee PERMANENT LINK PLACEMENT. And nobody can. If they promise that they can do it, they are certainly lying to you, considering all the above.
We undertake our obligations with due diligence, which is reflected in our provision of a cash back guarantee in the event of a link’s absence within twelve (12) months of its insertion or publication, as such an arrangement is reasonable and within our control.
For anything farther in future we offer no guarantee nor insurance.
There are no specific legal precedents that directly address this issue, as it is a matter of contract law and the specific terms of the agreement between the website owner and the purchaser of the link. However, there are some general legal principles that may be relevant.
One relevant legal principle is the doctrine of impossibility or impracticability. This doctrine provides that a party to a contract may be excused from performing their obligations under the contract if performance becomes impossible or impracticable due to unforeseeable events or circumstances beyond their control. In the context of a link placement agreement, if the website owner is unable to guarantee the permanency of the link due to unpredictable factors such as changes in technology or the existence of the website, it may be argued that it is impossible or impracticable to provide such a guarantee.
Another relevant legal principle is the doctrine of unconscionability. This doctrine provides that a contract may be unenforceable if it is so one-sided or oppressive that it shocks the conscience of the court. In the context of a link placement agreement, if the website owner were to make a guarantee of permanency despite the unpredictable factors that can affect link placement, it may be argued that such a guarantee is so one-sided or oppressive that it is unconscionable.
Ultimately, the specific terms of the link placement agreement will be determinative of the parties’ rights and obligations. If the website owner cannot guarantee the permanency of the link, it may be advisable to include a provision in the agreement that limits the website owner’s liability and provides for a refund or other compensation if the link is not placed or disappears within a certain timeframe.