Thanks guys. Yes Jolyon has raised some good points. Yes the customer IS difficult and I just dont think my product is for them. I had thought of increasing the Annual Lic fee, but saying this because of all the extra support they need and I need to cover cost, but also encouraging them to look for another product.......or something like that so that it becomes THEIR decision etc.
I could just shut down the company and create a new one...hehehehe.... Jeremy On Mon, Jan 16, 2017 at 10:11 AM, Jolyon Direnko-Smith <[email protected] > wrote: > aiui anything that specifically penalises that one customer is potentially > discriminatory, not *just* outright refusal to serve. > > On 16 January 2017 at 09:50, Robert Martin <[email protected]> wrote: > >> Hi >> >> I suspect all the Jolyon says is true. However nothing stops you >> increasing the price of the license to cover additional support costs for >> the user in question. I am guessing they are a difficult customer, you >> could encourage them to make the decision themselves :) >> >> Cheers >> Rob >> >> >> >> On 16/01/2017 9:44 AM, Jolyon Direnko-Smith wrote: >> >> IANAL but I would say that unless your terms of sale include an explicit >> reservation to refuse to provide a license in exchange for the advertised >> price then you would need to be able to provide a substantive and >> legitimate reason to refuse. The fact that you have already sold them a >> license and now wish to effectively rescind and reverse that decision makes >> it even harder I would suggest, unless you can establish a violation of the >> license terms to support that decision. >> >> Bear in mind that "Management reserves the right to refuse" has to be >> taken together with obligations under the human rights act (including >> prohibiting discrimination on basis of ethics and/or politics as well as >> more obvious reasons or race, gender, religion or sexuality etc). So you >> would need non-discriminatory reasons to, uh, discriminate. >> >> Retail stores have a slightly stronger case in that they are also private >> property and as such are able to exercise a right to refuse entry to the >> store as a matter of trespass (though human rights observations still >> apply), but I am guessing this does not apply in the case of a license sale >> which presumably does not necessitate or involve the customer physically >> entering any premises in order to complete the purchase of a license. >> >> But again, IANAL and would should probably take proper legal advice on >> the matter. >> >> On 15 January 2017 at 20:22, Gary T. Benner <[email protected]> wrote: >> >>> *[Reply]* >>> >>> HI Jeremy, >>> >>> The issue will come down to the exact terms under which you sold the >>> licence. Not just the payment terms. >>> >>> Be careful because if the customer is reliant on the software for their >>> business, and not "transgressed" the terms of the licence in any way, you >>> should be prepared to justify your actions in Court, should they decide it >>> is worth the cost to them. >>> >>> Usually you really need to give a years notice of ceasing support, >>> allowing them time to move to another product. >>> >>> Happy 2017 >>> >>> Gary >>> >>> A*t 19:57 on 15/01/2017 you wrote * >>> >>> >To : [email protected] >>> >>> >CC : >>> >>> >From: Jeremy Coulter, [email protected] >>> >>> >Content Type: text/html >>> >>> >Attached: >>> >>> > >>> >>> > >>> >>> > >>> >Hi All. Sorry i know this is off topic but I cant remember the offtopic >>> >>> >email address. >>> >>> > >>> >I provide my software on an annual license fee. >>> >I have a customer who I would prefer NOT to provide a new license too >>> when >>> >their license expires, giving them ample notice of course... for various >>> >>> >reasons. >>> >>> > >>> >I would assume there are no real issues from a legal point of view? I am >>> >the one issuing the license (as software owner) and I would therefore be >>> >able to issue to whom I wish too, or not in this case. >>> >>> > >>> >I just wanted to know if there is something I havent thought of and I >>> dont >>> >and up make a tit of myself :-) >>> >>> > >>> >>> >Thanks, Jeremy >>> >>> > >>> >>> > >>> >>> >_______________________________________________ >>> >>> >NZ Borland Developers Group - Delphi mailing list >>> >>> >Post: [email protected] >>> >>> >Admin: http://delphi.org.nz/mailman/listinfo/delphi >>> >>> >Unsubscribe: send an email to [email protected] >>> with Subject: unsubscribe >>> >>> >>> Gary Benner CITPNZ >>> >>> Chartered IT Professional >>> >>> >>> Email: [email protected] >>> >>> Mobile: +64 21 966 992 <+64%2021%20966%20992> >>> >>> Office: +64 9 281 4391 <+64%209-281%204391> >>> >>> >>> >>> >>> >>> >>> Director >>> >>> 123 Internet Ltd >>> >>> .nz Internet Registrar >>> >>> Cloud Web Hosting >>> >>> >>> >>> Director >>> >>> Onlearn Ltd >>> >>> e-Learning Specialists >>> >>> Moodle - Articulate - Camtasia >>> >>> >>> >>> Director >>> >>> Tsunado New Zealand Ltd >>> >>> Tsunado Australia Ltd >>> >>> Emergency Public Alerting >>> >>> >>> >>> Director >>> >>> Semantic Ltd >>> >>> Web, Mobile & PC Software >>> >>> IT Systems Consultancy >>> >>> >>> >>> >>> >>> Ref#: 41006 >>> >>> >>> _______________________________________________ >>> NZ Borland Developers Group - Delphi mailing list >>> Post: [email protected] >>> Admin: http://delphi.org.nz/mailman/listinfo/delphi >>> Unsubscribe: send an email to [email protected] with >>> Subject: unsubscribe >>> >> >> >> >> _______________________________________________ >> NZ Borland Developers Group - Delphi mailing list >> Post: [email protected] >> Admin: http://delphi.org.nz/mailman/listinfo/delphi >> Unsubscribe: send an email to [email protected] with >> Subject: unsubscribe >> >> >> >> No virus found in this message. >> Checked by AVG - www.avg.com <http://www.avg.com/email-signature> >> Version: 2016.0.7996 / Virus Database: 4749/13775 - Release Date: 01/15/17 >> >> >> >> _______________________________________________ >> NZ Borland Developers Group - Delphi mailing list >> Post: [email protected] >> Admin: http://delphi.org.nz/mailman/listinfo/delphi >> Unsubscribe: send an email to [email protected] with >> Subject: unsubscribe >> > > > _______________________________________________ > NZ Borland Developers Group - Delphi mailing list > Post: [email protected] > Admin: http://delphi.org.nz/mailman/listinfo/delphi > Unsubscribe: send an email to [email protected] with > Subject: unsubscribe >
_______________________________________________ NZ Borland Developers Group - Delphi mailing list Post: [email protected] Admin: http://delphi.org.nz/mailman/listinfo/delphi Unsubscribe: send an email to [email protected] with Subject: unsubscribe
