Remember that different jurisdictions will have different rules.
Steve Smith
Oakbridge Information Solutions
Oakville Office: (416) 628-0793
Cambridge Office: (519) 489-0142
Email: [email protected]
Web: www.oakbridge.ca
Certified DayLite Master Partner
FileMaker Solutions Alliance Member
MoneyWorks Consultant
LightSpeed Authorized Reseller
On 14-Jan-09, at 5:58 PM, Rick Sanders wrote:
Yes, but of the client has paid you a portion, say 1/3 or half, then
it is 100% illegal to have any kind of expiration in the code. If
that were to end up in court, you would have to pay back the 1/3 or
½ payment to the customer if they asked for it. Your agreements have
to be very detailed and explicit to the letter to get away with
this. If the client paid you 1/3 or half then you can put an expiry
on half or 2/3 of the code but the ½ or 1/3 that was paid for must
be working with no expiry. This is usually defined in the milestones.
Another interesting tidbit is it is illegal to cut someone’s website
and email hosting services unless they are 90 days without payment
and you have sent a written notice (email doesn’t count) either
delivered by mail or by hand to the client requesting payment along
with a statement of the account and amount owing. If the mail is
returned undeliverable you must retain the returned envelope
unopened and still wait until the 90 days are up before cutting
service.
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Rick Sanders
Webenergy
Canada: 902-431-7279
USA: 919-799-9076
Canada: www.webenergy.ca
USA: www.webenergyusa.com
From: Stefan Gonick [mailto:[email protected]]
Sent: January-14-09 6:27 PM
To: [email protected]
Subject: Re: SPAM-MED: Re: Witango-Talk: advice on how to get paid
when client is reluctant
That last line about the code being yours until they pay for it is
critical.
Without that written agreement, it is illegal to do that. I looked
into it
and was advised that it is against the law to hurt their business in
that
way and that my only recourse was to file a lawsuit to get paid.
Stefan
At 05:15 PM 1/14/2009, you wrote:
The very best way to deal with this, is in the code. If I am not
sure about a client, or if a large project where the client is
hosting somewhere other than my servers, I use code. Hide a method
with a EXPIRE function. If the date is later than a certain date,
the app stops working. When they pay up, you remove that code. If
they don't pay, or cut off access to their servers, the code will
stop working. I have actually had to enforce this 2x with some very
large customers, and it works. Unless they have some guru that can
go through the code and find it. You should also write into the
agreement ahead of time, that the code is YOURS until they pay for
it, so this trick is perfectly legitimate.
--
Robert Garcia
President - BigHead Technology
VP Application Development - eventpix.com
13653 West Park Dr
Magalia, Ca 95954
ph: 530.645.4040 x222 fax: 530.645.4040
[email protected] - [email protected]
http://bighead.net/ - http://eventpix.com/
On Jan 14, 2009, at 12:55 PM, [email protected] wrote:
Hi All,
One of my clients has not paid me for work done in September. I was
wondering if anyone had advice as to
how I can persuade them to pay up for the work I've done.
They claim that hard financial times are the reason but now no
longer answer emails or phone calls. They are actually still
advertising for web developers (contract and FTE) so they obviously
do actually have the money.
thanks
Norman Wheatley
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