Email disclaimers

Disclaimers appended to email generally fall into three main categories:

• A warning to recipients to check for viruses or a statement that the email is free of viruses, which is often a de facto advertisement for antivirus software publishers.
• Privacy issues eg 'if you are not the intended recipient please notify the sender and delete this email'.
• Words to the effect that the views expressed in the email might not reflect the views of the company – for this reason some firms prohibit using office computers for personal email.

As with all other documents issued from an architect's office, contractually it is important to identify whether the email should be regarded as an architect's instruction or other notice under any contract.

Copyright issues should also be addressed, especially where you are forwarding or attaching material from other consultants.

Is a disclaimer necessary?

There is no absolute legal position regarding the weight an email disclaimer carries, but an example follows for information:

This email and any attachments may be confidential and also privileged. If you are not the intended recipient please notify the sender and delete all copies of this transmission immediately, along with any attachments. You should not copy it or use it for any purpose, nor disclose its contents to any other person.

Example email and website disclaimers

Example 1

This email (including all attachments) is intended solely for the named addressee. It is confidential and may be subject to legal or other professional privilege. Confidentiality or privilege is not waived because this email is sent to you by mistake. If you have received it in error, please let the sender know by reply email, delete it from your system and destroy any copies. This email is also subject to copyright. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. Although reasonable precautions are taken, the sender does not warrant that this transmission or attachments are free from viruses or similar malicious code and does not accept liability for any consequences to the recipient. You are strongly advised to check any attachments prior to use.

Example 2

The content of this email, including attachments, may be privileged and confidential. Any unauthorised use of the contents is expressly prohibited. If you have received this message in error, please advise us by telephone, reverse charges, and then delete the message and any attachment(s). Any views expressed in this message are those of the individual sender, except where the sender expressly, and with authority, states them to be the views of [Company name]. [Company name] respects your privacy. When using email to communicate with [Company name], please be aware that all information contained in your email is stored in our server and later backed up with our other business records. Access to that information by [Company name] personnel is strictly limited and controlled.

Example 3

This email and any attachments may be confidential and also privileged. If you are not the intended recipient please notify the sender and delete all copies of this transmission immediately, along with any attachments. You should not copy it or use it for any purpose, nor disclose its contents to any other person.

Example 4

The information, services, products, and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an ‘as is’ basis with no warranty as to accuracy or fitness for purpose.

Example 5

The information, services, products, and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an 'as is' basis with no warranty as to accuracy or fitness for purpose. [Company name] has no input whatsoever as to the content of Internet data, with the exception in part of the [Company name] own home page. [Company name] does not endorse the viewpoints or vouch for the accuracy or authenticity of electronic data or information available via the Internet. [Company name] will not deny or limit access to the electronic data or information available via the Internet because of its allegedly controversial content or frivolous value. You expressly agree that use of the Site is at your sole risk. The Site is provided on an 'as is', 'as available' basis and the [Company name] specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.

Further reading:

• Acumen note Email policy