Re: How to get a client to pay

by "Darrell King" <darrell(at)webctr.com>

 Date:  Mon, 24 Jun 2002 14:18:17 -0400
 To:  <hwg-business(at)hwg.org>
 References:  earthlink earthlink2
  todo: View Thread, Original
Not being a lawyer, and not being rich enough to be worth taking to small
claims court, I can express an opinion...:).

1) We develop locally, within out own network.  We do not, however, allow
the world access to our network, and thus the product has to be taken to a
live server to be shown to the client.  As someone has mentioned, it's easy
enough to keep a design or a set of static pages from the client's server,
but it can be difficult with an entire dynamic site.

2) We host 95% of the projects we do, so we can always pull the plug on a
non-payer. In those cases where we can't...well, there's only been 2 in the
past 4 years and we collected what we could over the mandatory 50% deposit.

3) I wouldn't put a back door or self-destruct into a script, as it will
ruin your reputation.  You can, however, place a licence requirement your
work which will simply cause it to not work after a given amount of time.
Note how the difference in wording can change the entire concept?  Of
course, with more common scripting languages, it's not all that hard to
bypass anything in them...

4) Consulting an attorney is always good advice.  Still, avoiding the need
in the first place is even better. On jobs over USD $10k, we use a milestone
approach as opposed to the 50% down thing. With that and control of the
server, you minimize the possibility of a problem in the first place...:).

D



----- Original Message -----
From: Ivan Hoffman


At 01:27 PM 6/24/2002 -0400, jeremy wrote:
>What are your thoughts (anyone) about writing a sort of "self-destruct"
>mechanism.  Clearly state in your agreements that the finished product
>will be placed on the client's server.  However, if payment is not
>received in full, then the script will automatically delete itself after
>so many days, or something similar.  If payment is received, then you
>will send a "patch" to the program to remove the mechanism.  This would
>then stop the client from changing passwords on the server, and stopping
>you from being able to take it back down.
>
>Ivan - is this even legal?  I know you can't give 'official' advice, but
>is this even a possibility?


I express absolutely *no opinion* about any of the above.  All
designers/developers need to consult with an attorney experienced in all
these matters.

Read "Dignity For Designers"  http://www.ivanhoffman.com/dignity.html and
the many, many other articles on my site under the link "Articles for Web
Site Designers and Site Owners."

This reply is not legal advice and does not create any attorney client
relationship.

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