Legal Software Issue!!
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So, i have this bright idea:cool: and i own a small business that makes software products. I want to sell a software product that is supposed to give services to the clients of the company i want to sell to. The clients pay some cash to use this service and i am after that cash, not even the software sale itself. I have a feeling that if the company knows i am after the service charges, they will refuse to implement my idea :(( . Is there a legal aspect that i can use to claim the service charges:confused:?? I know, it sounds corny but still...
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
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So, i have this bright idea:cool: and i own a small business that makes software products. I want to sell a software product that is supposed to give services to the clients of the company i want to sell to. The clients pay some cash to use this service and i am after that cash, not even the software sale itself. I have a feeling that if the company knows i am after the service charges, they will refuse to implement my idea :(( . Is there a legal aspect that i can use to claim the service charges:confused:?? I know, it sounds corny but still...
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
Wamuti wrote:
Is there a legal aspect that i can use to claim the service charges
Yes, it is called a Contract. Get them to sign it and they are locked in.
------------------------------------ I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave
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Wamuti wrote:
Is there a legal aspect that i can use to claim the service charges
Yes, it is called a Contract. Get them to sign it and they are locked in.
------------------------------------ I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave
In the contract, do i make mention the service charges bit explicitely? I don't want them to have an idea there will exist anything like that. Or do i claim i still own the software in the contract?
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
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In the contract, do i make mention the service charges bit explicitely? I don't want them to have an idea there will exist anything like that. Or do i claim i still own the software in the contract?
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
Wamuti wrote:
In the contract, do i make mention the service charges bit explicitely?
If you don't mention it then you cannot later charge them for something they did not sign up to. It's called fraud (at least in most countries).
It's time for a new signature.
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In the contract, do i make mention the service charges bit explicitely? I don't want them to have an idea there will exist anything like that. Or do i claim i still own the software in the contract?
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
To Clarify, you don't want whom to know about the service charges? The people you are selling the software to (The main client) or the people you are selling the services to (the customers of the main client). If the former, then it is a matter between you and their customer, the main client would not know about it. If the latter, it would have to be expressly mentioned in the contract as this is the service for which they would be paying. (Note: Ensure they understand that the fee is for maintainance management, and maintenance of product, and that it is not a purchase of product.)
------------------------------------ I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave
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In the contract, do i make mention the service charges bit explicitely? I don't want them to have an idea there will exist anything like that. Or do i claim i still own the software in the contract?
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
Thanks you guys. Buy Dave, let me ask, i thought to the main client is the one i should be only going to contract with?
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
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Thanks you guys. Buy Dave, let me ask, i thought to the main client is the one i should be only going to contract with?
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
That would be on a different contract.
------------------------------------ I will never again mention that I was the poster of the One Millionth Lounge Post, nor that it was complete drivel. Dalek Dave
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In the contract, do i make mention the service charges bit explicitely? I don't want them to have an idea there will exist anything like that. Or do i claim i still own the software in the contract?
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
Wamuti wrote:
I don't want them to have an idea there will exist anything like that.
See, if what you're planning is a scam, then it's probably not a good business idea. And if you want to keep your charges secret, but still lock people in, that is a scam.
Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.
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Wamuti wrote:
I don't want them to have an idea there will exist anything like that.
See, if what you're planning is a scam, then it's probably not a good business idea. And if you want to keep your charges secret, but still lock people in, that is a scam.
Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.
Christian Graus wrote:
charges secret, but still lock people in, that is a scam.
It is no Scam at all. It is just that from the parts of the world that i come from, everyone want to take advantage of you so... Then, albert einstein said something to the effect that, a key component to success is keeping your mouth shut, so that all i want to do :) .
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
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Christian Graus wrote:
charges secret, but still lock people in, that is a scam.
It is no Scam at all. It is just that from the parts of the world that i come from, everyone want to take advantage of you so... Then, albert einstein said something to the effect that, a key component to success is keeping your mouth shut, so that all i want to do :) .
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.
Wamuti wrote:
from the parts of the world that i come from, everyone want to take advantage of you so...
You mean like everyplace else? There ultimate legal argument in much of the world is 'caveat emptor' http://en.wikipedia.org/wiki/Caveat_emptor[^] If and when you read the article, you'll note that this inspired numerous protective laws. Perhaps, in your part of the world, the protective laws are not so numerous, or perhaps, those who enforce them don't. I cannot speak to this - but the basic concept of that Island in your tag-line needing to be surrounded by water should include a reference to the school of sharks circling the Island. This attempt at consumer protection fails, here, in the west, as well. A typical example would be the George W. Bush administration and eight-years of scamming the US (and world) into recession and worse. The sharks, in this case, still have their money . . . The above notwithstanding, the proper method to succeed in your plan is to make your product worth the continued expense to the buyers down the line. If it's not worth it - than perhaps it is a scam?
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"The difference between genius and stupidity is that genius has its limits." - Albert Einstein
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"If you are searching for perfection in others, then you seek dissappointment. If you are searching for perfection in yourself, then you seek failure." - Balboos HaGadol Mar 2010
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Wamuti wrote:
I don't want them to have an idea there will exist anything like that.
See, if what you're planning is a scam, then it's probably not a good business idea. And if you want to keep your charges secret, but still lock people in, that is a scam.
Christian Graus Driven to the arms of OSX by Vista. Read my blog to find out how I've worked around bugs in Microsoft tools and frameworks.
You beat me to it, Christian... The business plan in this case appears to be based on deception, which in my mind is pretty much just a scam. Without specifics, what kind of chargeable service would you want to present to your customers that would require "hidden" service charges?
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You beat me to it, Christian... The business plan in this case appears to be based on deception, which in my mind is pretty much just a scam. Without specifics, what kind of chargeable service would you want to present to your customers that would require "hidden" service charges?
PogoboyMtK wrote:
what kind of chargeable service would you want to present to your customers that would require "hidden" service charges?
Let me give you an example, lets say there is a school running and the students need to check their results by use of a phone. So, they are charges 10 units of price by the telephone company. 5 units are taken by the phone company and 5 units are left for the developer and the institution. So this 5 units, as a developer for the institution is what i am after, the institution being my client. How is that a scam? To my opinion, i have discovered a resource that the institution does not utilise. If i make mention of this 5 units, then the institution will claim it. That is the reason i would not want the institution to know about it.
Wamuti: Any man can be an island, but islands to need water around them! Edmund Burke: No one could make a greater mistake than he who did nothing because he could do only a little.