On Mar 17, 2006, at 10:48 AM, vvor wrote:

I hope that this is not a verbal contract, because then you are in the position of "he said, she said".

it's a mix of verbal and email. the email explains what will be delivered and how much the payment will be.

Personally, I would stop the project right now and write up a contract, and that you will not continue any work until they agree to the terms and full description of the work.

If you are having problems right now that the project is not finished, then you will really have problems later on. If an agreement cannot be made, it might be best to just walk away from it before it gets any worse. They cannot hold you to a breach of contract if there is no contract (and vice-versa); and even though there were emails exchanged I don't think they would hold that much weight if it came to court.

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.

so you build in expiration, e.g., two weeks? this is for the phases, or final prior to payment?

The expiration period doesn't really matter... if you are not finished with the newest version then you just extend the expiration on an older build. As long as they are willing to continue with the project, you keep supplying them with updated versions. The demo can be something complex (I use an embedded and encrypted resource which contains all demo and serial number info) or you can use something simple like this in the App.Open() event:

  Dim today As New Date
  // 20 day demo
If (App.BuildDate.TotalSeconds + (86400 * 20)) > today.TotalSeconds Then MsgBox "The beta version has expired... please contact ____ for an update version."
    Quit
  End If

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.

i did that once, too. i'm gonna start doing that all the time.

Websites and other design jobs are a little different in that the final product *is* the source and final graphics.


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