Online service disruptions. Can we claim our money back?
<p>I'm a merchant selling software and providing subscriptions to some services. I use <strong>PayPal</strong> and other similar online services to receive payments.</p>

<p>Very often the <code>sandbox</code> versions of these services are glitchy. It causing me hours of <code>pay time</code> when the software developers and testers are bumping into problem, investigating, documenting, and communicate with the payment gateway support teams.</p>

<p>Currently we have a bug with PayPal that is not fixed for 2 weeks. It affects the working procedures. It is stopping us from developing and testing new features.</p>

<p>What can we do? Can we claim back this the <code>employee pay time</code> losses?</p>

<p>It is pretty difficult to estimate the <code>business losses</code> of the delaying a new service to be available to our customers.</p>

<p>How can we calculate the business losses? Can we claim the business losses?</p>

<p>Similar case: the <code>production environment</code> on PayPal have glitches. We are not using it in current software release, but we have a release prepared that would use it. So we are waiting for them to fix it.</p>

<p><strong>How can we calculate losses and claim them?</strong></p>

<h2>If PayPal are in breach of their contract you can sue for damages</h2>

<p>Economic loss is calculable and there are various methodologies for doing so. Your lawyer will probably have you engage an expert witness to do so. No doubt PayPal will have their own expert to explain to the court why your expert is FoS (and vice-versa). </p>

<p>However, it’s extremely unlikely that PayPal <em>have</em> breached their contract with you. Sandbox environments probably come with no warranty (explicit, implied <em>or</em> statutory) that they will be suitable for production environments.</p>

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