[AccessD] The Polyp Problem

dmcafee at pacbell.net dmcafee at pacbell.net
Thu Jan 20 11:44:41 CST 2005


Reminds me of the story that (I believe) someone posted here once, regarding
the connoisseur Cigar owner who smoked his expensive cigars which were
covered by fire insurance. He went to court after the insurance company
refused to pay and won. After he cashed the check, the insurance company
sued him and pressed arson charges against him and won. :)

D

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com]On Behalf Of Heenan,
Lambert
Sent: Thursday, January 20, 2005 9:12 AM
To: 'Access Developers discussion and problem solving'; 'Joseph
O'Connell'
Subject: RE: [AccessD] The Polyp Problem


Isn't that just typical of the screwy legal system we have? You sell a
product to a client who does not pay for it, and then you have to worry
about getting sued if you take your product away because you are
"interfering with the clients ability to conduct its normal business". What
about them interfering with your conducting your normal business - including
collecting revenues? And then to alleviate those worries you have to pay a
shark (sorry, "lawyer") for advice on the matter!!!

Lambert

> -----Original Message-----
> From:	accessd-bounces at databaseadvisors.com
> [SMTP:accessd-bounces at databaseadvisors.com] On Behalf Of Joseph O'Connell
> Sent:	Thursday, January 20, 2005 11:42 AM
> To:	accessd at databaseadvisors.com; cyx5 at cdc.gov
> Subject:	Re: [AccessD] The Polyp Problem
>
> Karen,
>
> Are there payment terms in your agreement?  Does your agreement expressly
> state that you have the right to terminate use of  the program if payment
> is
> not received on time?  If the answer is NO to either question, then you
> better check with a lawyer before you deny access to a program which the
> client deems critical to its business.  You could end up with a huge
> liability for interferring with the clients ability to conduct its normal
> business.
>
> Of course, you should not be required to perform additional services until
> their account is currrent.
>
> Joe O'Connell
>
> -----Original Message-----
> From: Nicholson, Karen <cyx5 at cdc.gov>
> To: accessd at databaseadvisors.com <accessd at databaseadvisors.com>
> Date: Thursday, January 20, 2005 8:19 AM
> Subject: [AccessD] The Polyp Problem
>
>
> I know this has been discussed before, but I sort of removed a polyp
> from my client abuser list last night, as a woman has the right to flip
> out on deadbeats.  That is the law.  Here is the story.  Client
> contracts for a job; agrees to pay whatever way - some do in stage I,
> more in stage II and the rest in stage III.  It is clearly stated that
> changes to the requirements of the system will be discussed and
> additional invoicing will be required.  Polyp continuously *forgets* to
> pay invoices as that is not is department, makes wild changes to the
> system - "Oh, didn't I tell you?  Truck A, B or C can not go on streets
> with a 2 Ton Limit?  You can just program that in, right?"  Or emergency
> call - finger nail bimbo's system won't work and it is the hub.  Your
> system broke it, we can't function, come over here right now.  Drop
> everything, run over, and low and behold the cable is unplugged.  Three
> hours out of your day, gee thanks.  Oh, we can't pay you, it has been a
> bad year.  And that $2000 we still owe you from August?  That is coming
> soon.  Hello, it is snowing!
>
> In my warped world, I would like to put code in the program that when a
> payment is not received, the system stops working.  When the bill is
> paid, the user can have the encrypted password to keep working.
>
> Doesn't that sound easy?  One final password when the system is paid in
> full.  I know a geek could break into it and get around the password,
> but these people are cheap to begin with if they won't pay and not work
> continuing working for anyway.  Ideas?
>
>
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