Hello,
You cannot really keep source code for web based projects like PHP websites.
If you are doing web based projects, get a deposit up front. For example, I
did a 750.00 web project for a mortgage company. I required 250.00 upfront and
got paid "with" a signed contract...I then completed the project (since it was
small) and then they basically disappeared from the face of the planet. This
was Aug of last year when the mortgage industry crashed. No way of contacting
them, no response...they went out of business. So I have $500.00 of unpaid
work, $250.00 of paid work and they have nothing. Moral of the story, get
money upfront,
Anthony> From: [EMAIL PROTECTED]> To: [email protected]> Date: Wed, 28 May
2008 15:32:18 -0700> Subject: Re: [osflash] Commercial Work (Stephen Hepworth)>
> > Hi Schell,> > First off I want to say that yes, many people are seriously
burned by> clients. Often even when there is a contract in place. > > I have
experience as both an individual freelancer as well as a consulting> company
and have found that there is almost always a dance between up front> money,
contract strength, and trust/reputation. > > When I was starting out as a
freelancer without much experience, I would> often take jobs without a contract
and without any money up front. I would> basically handshake on an amount and
basic description of the project, do> the entire project and then after
delivering the goods (source code, and> running site or app) ask to be paid.
That method sucked, and over time I> realized that it was a bad way to do
things. Perhaps when first starting out> it was okay, because I was young and
didn't have any references, or> experience, but there is really no excuse (as a
professional) for not> signing at least a basic contract (which you can find
online, or request> from me and I'll happily send you an example). > > After I
had been freelancing for a while the issue wasn't contract or no> contract, it
was money up front, payment scheduling, etc. I think someone> responded by
saying 75% up front - that would be great - I feel like you> need to be someone
highly desirable and be working on a well scoped and> clearly budgeted project
to get that. I generally try to use a 1/3, 1/3, 1/3> model for projects with a
clear time frame and deliverable. 1/3 of the money> due on contract signing,
1/3 at the half way point when there is a demo of> the deliverable, and a final
1/3 at project completion (when the source code> is handed over). On open time
frame or time and materials contracts I send> an invoice every two weeks and
stop work if payment is not received after 45> days (and I send notices after
30 days).> > Source code, and rights to materials generated during the project
is a> tough subject. Generally contracts with corporations specify that the
corp> owns all the materials, notes, ideas, code, etc. related to the project
they> are paying you for. Generally private individuals either don't specify,
just> want the deliverable, or are open to dual ownership with an agreement
that> you won't use the deliverable, but just the notes, ideas, piecemeal code>
generated during the project - still, this should be spelled out in the>
contract.> > Finally, in order to break into larger projects and have some
liability> and legal protection I created a Cali Closed Corp (cost around 1200
for the> whole process) and now do business corp to corp. In this model there
are> always contracts, and often retainers, and the back and forward is mainly>
about which corp the contract favors, and how strongly it favors them. In>
relation to source code and project materials, the way that I try to run it>
(and get in the contract) is that anything project related is owned by the>
client corp (and turned over in any format requested), after a client job is>
completed the code and projects materials are 'cleaned' and anything of> value
is stripped of project specific details and saved for later use. My> company
(Asparagus Corporation Inc.) is trying to maintain this methodology> by using
Virtual Server's for each client project, so if a developer is> working for
Corp A, then they start by setting up an entire OS Dev Env (by> taking a
template off the shelf so to speak) and then do all the client work> on that.
When the project is done that Virtual Machine can be destroyed (but> any new
software, setup, improvements to the temple are kept and added into> the main
repository of dev workstations/servers). There is value, for> example, in the
configuration of various LAMP/WAMP/Other stacks and dev> software (My Eclipse,
databases, editors, plugins, etc), but the client corp> doesn't care to keep
the value in the configuration, they only care about> the value in the
deliverable (generally), so there is a clear division of> interest and
ownership.> > Ok, sorry if I went overboard Schell, to answer your question
quickly (at> the end of a long email), I think that you should turn over the
working> version of what you did (so the client knows it is done), but not the
source> code until you are paid. You should try to get a contract signed for
the job> (or at least a statement of work, or Letter of Intent, or Memorandum
of> Understanding) saying that you did X for Y and both parties were happy
(once> you are paid). Next time get a contract, look into incorporating your
own> company so that you can have some liability protection, heck, email me at>
Asparagus Corp if you are interested in joining a Dev Company.> > Gabriel
DeWitt> [EMAIL PROTECTED]> Sebastopol, CA> > ----------------------> > Message:
2> Date: Wed, 28 May 2008 14:42:41 -0700> From: Schell <[EMAIL PROTECTED]>>
Subject: [osflash] Commercial Work> To: "Open Source Flash Mailing List"
<[email protected]>> Message-ID:> <[EMAIL PROTECTED]>> Content-Type:
text/plain; charset="iso-8859-1"> > I'm having a little issue with a client.
They hired me for a web application> and have not yet paid, but want the source
code to integrate it with one of> their online shops. What kind of copyright,
license, etc. do you guys use in> these situations, or, what is your policy on
dealing with clients [ do you> give them source code, compiled executables,
both? Do you make contracts or> work with an honor system?] Has anyone been
seriously burned by a client> stealing code or not paying? Thanks in advance.>
> -- > Schell Scivally> 600 Santa Rosa Ave.> Santa Rosa, CA> 95404> [EMAIL
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