What's so tricky about writing in a contract, that you the owner ship will automatically given to the client after the payment? I mean, who would say into your face that they don't want to pay you for your work? (what not signing such a contract actually implies)
Ownership of what? the website? fine, it's yours, but it's hosted on a server you don't own and you take it away it's a crime. If i steal your TV and you break into my house to take it back you've committed a felony. Or a better example if you've sent me a TV and I didn't pay you you can't break into my house to claim it back even if the contract we signed states that it is yours until paid in full. This is why a ban…
What's so tricky about writing in a contract, that you the owner ship will automatically given to the client after the payment? I mean, who would say into your face that they don't want to pay you for your work? (what not signing such a contract actually implies)
Ownership of what? the website? fine, it's yours, but it's hosted on a server you don't own and you take it away it's a crime. If i steal your TV and you break into my house to take it back you've committed a felony. Or a better example if you've sent me a TV and I didn't pay you you can't break into my house to claim it back even if the contract we signed states that it is yours until paid in full. This is why a ban…
Repossessing stuff is not an uncommon legal situation. Having a rented TV set in your home means little. The cops show up, and you hand it over or go to jail.
I know this is probably just made in good fun, but as a consultant who frequently works with startups[1], I recommend not doing something like this. If you have delivered the final product to the client and they are not paying your invoice, your first step should be to try and cordially resolve the situation with a frank discussion about your expectations and mutual commitments, and nudged with references to the sign…
Yes - please don't be passive aggressive to your client by doing something like this.
Jason Lemkin has a good step by step plan if you're in a situation where you need to prod for payment.
or... 3. lives in the real world where there are seas of gray Being picky about clients and being able to afford to sue those who don't pay is one of my many privileges. Not everyone can afford to do this.
This has nothing to do with suing clients. Taking some kind of revenge, in a way that's almost certainly actionable, is not really in a gray area - I don't think there is any situation in which it makes sense to do this. As for "being picky about clients", my second point above is indeed aspirational, and I'm sure not everyone can afford to choose their clients. That's my point. You need to realize, as quickly as you…
I think most people don't understand how dirty the business world is. Lots of customers and vendors will deny delay and defend out of force of habit alone. I've had to threaten lawsuits a number of time. It was obvious I'd win so they'd settle last minute, but it's just how many people do business. It's much easier to build in something that will atrophy and let them know it'll fall apart if you don't tell them where it is. Much easier restitution. No fuss. Good clients go bad all the time, just like good marriages go bad. You can't rely on a filter. Most of the time there is no option but to work with certain people if you want to be in a particular industry. They're the worst. Just today I have a monopoly supplier that won't fix a very simple but show stopping bug, despite our contract, unless I pay them a lot more money which significantly eats into my margins. It will basically mean I'll be working for them for free, which is exactly how they want it. I have to make out that I'll go out of business, walk away, and they won't make anything. I'm sure we'll end up somewhere in the middle and we will both make a lot of money. If not I will have to go borrow a lot of money from a bank to build the component in house which will upset their monopoly. Just another day it the life of a start-up.
This has nothing to do with suing clients. Taking some kind of revenge, in a way that's almost certainly actionable, is not really in a gray area - I don't think there is any situation in which it makes sense to do this. As for "being picky about clients", my second point above is indeed aspirational, and I'm sure not everyone can afford to choose their clients. That's my point. You need to realize, as quickly as you…
I think most people don't understand how dirty the business world is. Lots of customers and vendors will deny delay and defend out of force of habit alone. I've had to threaten lawsuits a number of time. It was obvious I'd win so they'd settle last minute, but it's just how many people do business. It's much easier to build in something that will atrophy and let them know it'll fall apart if you don't tell them where…
This has nothing to do with suing clients. Taking some kind of revenge, in a way that's almost certainly actionable, is not really in a gray area - I don't think there is any situation in which it makes sense to do this. As for "being picky about clients", my second point above is indeed aspirational, and I'm sure not everyone can afford to choose their clients. That's my point. You need to realize, as quickly as you…
I think most people don't understand how dirty the business world is. Lots of customers and vendors will deny delay and defend out of force of habit alone. I've had to threaten lawsuits a number of time. It was obvious I'd win so they'd settle last minute, but it's just how many people do business. It's much easier to build in something that will atrophy and let them know it'll fall apart if you don't tell them where…
Ownership of what? the website? fine, it's yours, but it's hosted on a server you don't own and you take it away it's a crime. If i steal your TV and you break into my house to take it back you've committed a felony. Or a better example if you've sent me a TV and I didn't pay you you can't break into my house to claim it back even if the contract we signed states that it is yours until paid in full. This is why a ban…
Repossessing stuff is not an uncommon legal situation. Having a rented TV set in your home means little. The cops show up, and you hand it over or go to jail.
Yes, but it requires a court order ;) so you basically are making my point for me, danke.
Repossessing stuff is not an uncommon legal situation. Having a rented TV set in your home means little. The cops show up, and you hand it over or go to jail.
Yes, but it requires a court order ;) so you basically are making my point for me, danke.
This actually depends on the state. Many states in the US don't require it and there is zero federal laws that do. However, even in states that require it it's generally close to a rubber stamp.
Put a clause into the contract which says that you own all copyrights, IP, etc. until such time as payment has cleared. It is perfectly legal for you to mangle your own web site. Even if it's a site you made at someone else's request. If they haven't paid, they don't own it, and they have no right to complain.
It's not that simple. A UK contractor was prosecuted many years ago for putting a time bomb in software he wrote and was never paid for. It remained his software but it was running on their computer. When it ceased to function that was considered to be an authorised change to their system under the computer misuse act. And he was found guilty of a criminal offence. Websites are a bit more of a grey area. Whose server…
Yes, but it requires a court order ;) so you basically are making my point for me, danke.
This actually depends on the state. Many states in the US don't require it and there is zero federal laws that do. However, even in states that require it it's generally close to a rubber stamp.
In which state can a private individual go onto some one else's property to repossess something?