Tina, I have a different take from those who have responded.
I usually offer two options to my clients: 1. If it is their business idea and I just code the system for them, they pay me for all the time I work on the application and they own any code that is specific to their business. This normally results in me getting more and more work from the client. 2. If it is something that I believe I can sell to others I will retain ownership and sell them a licence to use it, maybe at a discount if they agree to be my beta site/testers and actively provide feedback. Frank. Frank Cazabon Samaan Systems Ltd. - Developing Solutions www.SamaanSystems.com Referrals are important to us. If you know of anyone who would benefit from our services, please contact me. We would appreciate the opportunity to work with them. On 23/08/2010 03:23 PM, Tina Currie wrote: > Hi all, > > > > We have a client that has a major problem with our trading terms and > conditions document and won't sign the contract as it states what we've > always considered as standard - we maintain ownership of the source code. I > was contacted by their lawyers last night quizzing me on this "peculiar > little trait in our contract" (what!!??) and wanted to know what experience > you've all had in this department. > > > > My understanding has always been that if I write it - I own it. Them paying > me to build it for them buys them a licence to use it, unless of course > exclusivity clauses are otherwise stated in the contract. > > > > They have expressed interest in buying the source code once the project is > complete. That's fine - but how much do you charge for source? Is it > relative to what they want to do with it? > > > > They want to negotiate all sorts of stuff for the contract that prohibits us > re-using ANY of the code in future projects we undertake. If I had signed > agreements like that 18 years ago when I started coding, I wouldn't have a > business now - there's lots of my code that's been carried from one project > to another cause it WORKS and there's no point in writing it over and over > again...! I'm ready to cut this client free, give them half their deposit > back and all the code written to date and say "bye bye now..." but thought > I'd ask advice from this group first. > > > > They also had a major problem with the application being sold without > warranty. This is standard too as far as I knew but they can't get past it. > > > > Your experiences? > > > > Tina > > www.datahouse.com.au > > > > > > > > --- StripMime Report -- processed MIME parts --- > multipart/alternative > text/plain (text body -- kept) > text/html > --- > [excessive quoting removed by server] _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/[email protected] ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
