On Mar 17, 2006, at 3:34 AM, vvor wrote:
I delivered a product (compiled binary), docs, and samples, etc. to
a client I suspect is either never going to pay, or is going to
change the scope to include tweaks ad infinitum. They always creep
scope, and I finally had enough and put my foot down.
I did not give them the source code (RB). They are demanding the
source code, and claim my NDA with him requires it, but it doesn't,
not even in their dreams. They say they own all source code I
produce for them. But how can they own what they haven't paid for?
I said I will deliver the source only when I've been paid in full.
I hope that this is not a verbal contract, because then you are in
the position of "he said, she said". You should have a contract in
writing describing in detail how both parties are responsible,
deadlines (if necessary), and specific clauses of what the software
will and will not include. This list prevents the client from adding
features in the middle of the project; which would require you to re-
quote the job if they find it absolutely necessary.
Second, you should never give then non-expiring software (or the
source code) until the project is completed and the contract
completed. If it is a project which requires more than a few days
worth of work, you should have a payment schedule based on the
contract... for example, a 25% payment at contract signing, at the
end of the Alpha phase (feature complete) there would be a 25%
payment, and final 50% payment at the completion of the job.
This is the only way that you can protect yourself and the client can
protect their interests.
Specifically about the source code, it should also be written in the
contract whether source code would be included or not. If it is,
then the client should expect to pay a premium for your services.
_______________________________________________
Unsubscribe or switch delivery mode:
<http://www.realsoftware.com/support/listmanager/>
Search the archives of this list here:
<http://support.realsoftware.com/listarchives/lists.html>
