If you're a developer under contract to an individual or company to deliver a software product, you must have in your contract a provision by which you will be paid for your product (50% on order, rest on delivery; all on delivery; net in 30 day; etc.). This is a binding provision, a legal requirement to provide you with your fee for the contracted service. What surprises me is this: Why don't you put your payment guarantee in your product with a time lock?
It's really a simple function. You deliver your compiled binary on a set date. Within your code is a function that has that date of installation encoded. Your program periodically checks current date against install date (say, on change of day). Assuming you have a net in 30 contract, on the 31st day a splash screen starts appearing with a comment "Payment for this product is past due. Please remit by xxxx date" and an "OK" button to clear the splash screen. Assuming you set a remit date out another 30 days (just to be polite), the screen continues to appear until that remit date. On that date, the remit date is changed (say, add 10 days) and this statement is added to the splash screen: "If payment is not received, this program will cease to function". On the 71st day after install, your program now displays only a splash screen that says: "This program will not function until payment is made." and there is no "OK" button. Your program simply stops working. When full payment is made, you simply install a binary that does not have the time lock or has an install date, say, 12/31/9999. Assuming the abrupt termination of your program does not endanger life or property, you have every right to take steps necessary to keep your property from being used by unauthorized persons. People who don't pay on contract certainly fall into that category. You will have to check with your local contracts lawyer to see if you have to disclose that your program contains a time lock when you deliver it. This is a quicker and more effective way to get your due than being left on the short end of the stick, having to spend time in court and pay lawyers and court fees to recover your lost fees while the thief continues to use your product. > 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. Good for you - I will tell you - from EXPERIENCE as a slim, youthful female in the induatry that you MUST stand up for yourself in a clear, clean, and professional manner! The minute you give control over the situation to them is the minute that they will screw you over. I had a businessman claim that my consulting was "business discussion" and he then not only refused to pay me anything (while he grinned big) but he then took my ideas to some older woman who he went into a business partnership with. Pissed me off to no end and eventually he did get his due and failed at what he wanted to achieve. :) > 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. You delivered the RIGHT answer there, little buddy - do NOT give them *a line* of code unless they pay in full and the funds clear - I've been given bad checks before from an employer; the IRS had frozen their funds the day after the check was issued - I ddin't find this out because I waited three days before I'd deposited the check :( You have the work, and sure - they may have the money - but YOU have the source code. And the uptimate power and control of the situation. > They threw a major fit about this, calling me names, accusing me of > things. We are amidst a falling out. It's pretty sad what money can do. > > What should I do? Should I hold my ground? Am I being unreasonable? > Anyone been in this situation? I've been there so many times as a web developer and a single female trying to make it out there. You are perfectly in your right to demand payment IN FULL before you issue the source code. Piracy and lies are rampant out there and there are MANY huge corporations out there that outright steal from their suppliers and independant contractors. HOLD YOUR GROUND but ***GET A LAWYER***. I'm pretty sure that they are getting pissy because their little plan isn't working so hot. From what you said, they planned on cheating you in the first place. GOOD LUCK! Best Regards, AmyE Barnes [EMAIL PROTECTED] _______________________________________________ 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> _______________________________________________ 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>
