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 someones website and email hosting services unless they are 90 days without payment and you have sent a written notice (email doesnt 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. LogoSig Rick Sanders Webenergy Canada: 902-431-7279 USA: 919-799-9076 Canada: www.webenergy.ca USA: www.webenergyusa.com From: Stefan Gonick [mailto:ste...@databasewebworks.com] Sent: January-14-09 6:27 PM To: witango-talk@witango.com 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 rgar...@bighead.net - rgar...@eventpix.com http://bighead.net/ - http://eventpix.com/ On Jan 14, 2009, at 12:55 PM, n...@no-worries.net 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 ________________________________________________________________________ TO UNSUBSCRIBE: Go to <http://www.witango.com/developer/maillist.taf> http://www.witango.com/developer/maillist.taf ________________________________________________________________________ TO UNSUBSCRIBE: Go to <http://www.witango.com/developer/maillist.taf> http://www.witango.com/developer/maillist.taf ===================================================== Database WebWorks: Dynamic web sites through database integration http://www.DatabaseWebWorks.com <http://www.databasewebworks.com/> ________________________________________________________________________ TO UNSUBSCRIBE: Go to http://www.witango.com/developer/maillist.taf ________________________________________________________________________ TO UNSUBSCRIBE: Go to http://www.witango.com/developer/maillist.taf
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