[AccessD] The Polyp Problem

Andy:

I think there's an implied contract with consideration on both side - you 
give the code, they give the money.  If no consideration changes hands I 
don't think you have a contract and therefore if your system stops, I think 
you're in the clear.
....
I just got off the phone with my lawyer and he thinks I'm in the clear if I 
date bomb a program which wasn't paid for.  In any event, he said he'd love 
to have the case where the plaintiff comes in and says I didn't pay for the 
program but it should still work anyway.

Rocky

----- Original Message ----- 
From: "Andy Lacey" <andy at minstersystems.co.uk>
To: "Access Developers discussion and problem solving" 
<accessd at databaseadvisors.com>
Sent: Thursday, January 20, 2005 7:35 AM
Subject: Re: [AccessD] The Polyp Problem


> Hi Karen
> The 'bomb' in the system sounds more of a legal question rather than a
> technical one. You ought to get advice on how you'd stand if the system
> stops and their company comes to a stand-still. I know they'd deserve it 
> but
> does the law agree?
>
> In any case they sound like all-too familiar sort of customer. At some 
> point
> you have to decide on what YOU want to do next. Are they a customer worth
> having for the future? I doubt it but if yes, you'll probably have to grit
> your teeth and keep asking nicely for your money. If not then you are 
> going
> to have to stop them doing what they're doing, i.e. taking advantage. At
> some point you just have to say that you are doing no more work and no 
> more
> support until you have been paid. And having said it you have to stick to
> it. The first time they really need you, and you won't go, they will
> suddenly find it perfectly easy to raise a cheque. It's not hard. The only
> time it's actually hard is if they have no money - and if that's the case
> bail out. But assuming you do get the August money are there more payments
> due? If so you then have to decide if you're ever likely to get them. If
> not, ask them for the rest of the money up-front, explaining that because 
> of
> past performance you've lost confidence in their willingness/ability to 
> pay.
> If they say no then consider pulling out.
>
> I know it's easy to say, and hard to do, but you have to start saying 
> 'no'.
> We all bend over backwards for a new customer, assuming that if we treat
> them right they'll do the same. When they prove otherwise it's time to 
> stop
> your side of that deal. If you do stay with the contract then at least 
> stop
> doing the extras. When they ask for a change quote them. If they won't pay
> they don't get.
>
> This is the downside of being an independent, and it's bloody horrible. 
> FWIW
> we can all empathise. But you just have to get tough with these b******s.
>
> --
> Andy Lacey
> http://www.minstersystems.co.uk
>
>
>
> --------- Original Message --------
> From: Access Developers discussion and problem solving
> <accessd at databaseadvisors.com>
> To: accessd at databaseadvisors.com <accessd at databaseadvisors.com>
> Subject: [AccessD] The Polyp Problem
> Date: 20/01/05 13:14
>
>>
>> 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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>> http://databaseadvisors.com/mailman/listinfo/accessd
>> Website: http://www.databaseadvisors.com
>>
>>
>>
>>
>>
>
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