Nicholson, Karen
cyx5 at cdc.gov
Thu Jan 20 12:06:00 CST 2005
I had one of those. Took me to the magistrate. She laughed at him and ordered him to pay me in full. It was too much. -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Rocky Smolin - Beach Access Software Sent: Thursday, January 20, 2005 12:59 PM To: Access Developers discussion and problem solving Subject: Re: [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? >> >> >> -- >> AccessD mailing list >> AccessD at databaseadvisors.com >> http://databaseadvisors.com/mailman/listinfo/accessd >> Website: http://www.databaseadvisors.com >> >> >> >> >> > > ________________________________________________ > Message sent using UebiMiau 2.7.2 > > -- > AccessD mailing list > AccessD at databaseadvisors.com > http://databaseadvisors.com/mailman/listinfo/accessd > Website: http://www.databaseadvisors.com > -- AccessD mailing list AccessD at databaseadvisors.com http://databaseadvisors.com/mailman/listinfo/accessd Website: http://www.databaseadvisors.com