[DUG] Off topic but...

Mon Jan 16 12:12:10 NZDT 2017

Thanks guys. Yes Jolyon has raised some good points. Yes the customer IS
difficult and I just dont think my product is for them.
I had thought of increasing the Annual Lic fee, but saying this because of
all the extra support they need and I need to cover cost, but also
encouraging them to look for another product.......or something like that
so that it becomes THEIR decision etc.

I could just shut down the company and create a new one...hehehehe....

Jeremy

On Mon, Jan 16, 2017 at 10:11 AM, Jolyon Direnko-Smith <jsmith at deltics.co.nz
> wrote:

> aiui anything that specifically penalises that one customer is potentially
> discriminatory, not *just* outright refusal to serve.
>
> On 16 January 2017 at 09:50, Robert Martin <rob at chreos.co.nz> wrote:
>
>> Hi
>>
>> I suspect all the Jolyon says is true.  However nothing stops you
>> increasing the price of the license to cover additional support costs for
>> the user in question.  I am guessing they are a difficult customer, you
>> could encourage them to make the decision themselves :)
>>
>> Cheers
>> Rob
>>
>>
>>
>> On 16/01/2017 9:44 AM, Jolyon Direnko-Smith wrote:
>>
>> IANAL but I would say that unless your terms of sale include an explicit
>> reservation to refuse to provide a license in exchange for the advertised
>> price then you would need to be able to provide a substantive and
>> legitimate reason to refuse.  The fact that you have already sold them a
>> license and now wish to effectively rescind and reverse that decision makes
>> it even harder I would suggest, unless you can establish a violation of the
>> license terms to support that decision.
>>
>> Bear in mind that "Management reserves the right to refuse" has to be
>> taken together with obligations under the human rights act (including
>> prohibiting discrimination on basis of ethics and/or politics as well as
>> more obvious reasons or race, gender, religion or sexuality etc).  So you
>> would need non-discriminatory reasons to, uh, discriminate.
>>
>> Retail stores have a slightly stronger case in that they are also private
>> property and as such are able to exercise a right to refuse entry to the
>> store as a matter of trespass (though human rights observations still
>> apply), but I am guessing this does not apply in the case of a license sale
>> which presumably does not necessitate or involve the customer physically
>> entering any premises in order to complete the purchase of a license.
>>
>> But again, IANAL and would should probably take proper legal advice on
>> the matter.
>>
>> On 15 January 2017 at 20:22, Gary T. Benner <gary at benner.co.nz> wrote:
>>
>>> *[Reply]*
>>>
>>> HI Jeremy,
>>>
>>> The issue will come down to the exact terms under which you sold the
>>> licence. Not just the payment terms.
>>>
>>> Be careful because if the customer is reliant on the software for their
>>> business, and not "transgressed" the terms of the licence in any way, you
>>> should be prepared to justify your actions in Court, should they decide it
>>> is worth the cost to them.
>>>
>>> Usually you really need to give a years notice of ceasing support,
>>> allowing them time to move to another product.
>>>
>>> Happy 2017
>>>
>>> Gary
>>>
>>> A*t 19:57 on 15/01/2017 you wrote *
>>>
>>> >To : delphi at listserver.123.net.nz
>>>
>>> >CC :
>>>
>>> >From: Jeremy Coulter, jscoulter at gmail.com
>>>
>>> >Content Type: text/html
>>>
>>> >Attached:
>>>
>>> >
>>>
>>> >
>>>
>>> >
>>> >Hi All. Sorry i know this is off topic but I cant remember the offtopic
>>>
>>> >email address.
>>>
>>> >
>>> >I provide my software on an annual license fee.
>>> >I have a customer who I would prefer NOT to provide a new license too
>>> when
>>> >their license expires, giving them ample notice of course... for various
>>>
>>> >reasons.
>>>
>>> >
>>> >I would assume there are no real issues from a legal point of view? I am
>>> >the one issuing the license (as software owner) and I would therefore be
>>> >able to issue to whom I wish too, or not in this case.
>>>
>>> >
>>> >I just wanted to know if there is something I havent thought of and I
>>> dont
>>> >and up make a tit of myself :-)
>>>
>>> >
>>>
>>> >Thanks, Jeremy
>>>
>>> >
>>>
>>> >
>>>
>>> >_______________________________________________
>>>
>>> >NZ Borland Developers Group - Delphi mailing list
>>>
>>> >Post: delphi at listserver.123.net.nz
>>>
>>> >Admin: http://delphi.org.nz/mailman/listinfo/delphi
>>>
>>> >Unsubscribe: send an email to delphi-request at listserver.123.net.nz
>>> with Subject: unsubscribe
>>>
>>>
>>> Gary Benner CITPNZ
>>>
>>> Chartered IT Professional
>>>
>>>
>>> Email: gary at benner.co.nz
>>>
>>> Mobile: +64 21 966 992 <+64%2021%20966%20992>
>>>
>>> Office: +64 9 281 4391 <+64%209-281%204391>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Director
>>>
>>> 123 Internet Ltd
>>>
>>> .nz Internet Registrar
>>>
>>> Cloud Web Hosting
>>>
>>>
>>>
>>> Director
>>>
>>> Onlearn Ltd
>>>
>>> e-Learning Specialists
>>>
>>> Moodle - Articulate - Camtasia
>>>
>>>
>>>
>>> Director
>>>
>>> Tsunado New Zealand Ltd
>>>
>>> Tsunado Australia Ltd
>>>
>>> Emergency Public Alerting
>>>
>>>
>>>
>>> Director
>>>
>>> Semantic Ltd
>>>
>>> Web, Mobile & PC Software
>>>
>>> IT Systems Consultancy
>>>
>>>
>>>
>>>
>>>
>>> Ref#: 41006
>>>
>>>
>>> _______________________________________________
>>> NZ Borland Developers Group - Delphi mailing list
>>> Post: delphi at listserver.123.net.nz
>>> Admin: http://delphi.org.nz/mailman/listinfo/delphi
>>> Unsubscribe: send an email to delphi-request at listserver.123.net.nz with
>>> Subject: unsubscribe
>>>
>>
>>
>>
>> _______________________________________________
>> NZ Borland Developers Group - Delphi mailing list
>> Post: delphi at listserver.123.net.nz
>> Admin: http://delphi.org.nz/mailman/listinfo/delphi
>> Unsubscribe: send an email to delphi-request at listserver.123.net.nz with Subject: unsubscribe
>>
>>
>>
>> No virus found in this message.
>> Checked by AVG - www.avg.com <http://www.avg.com/email-signature>
>> Version: 2016.0.7996 / Virus Database: 4749/13775 - Release Date: 01/15/17
>>
>>
>>
>> _______________________________________________
>> NZ Borland Developers Group - Delphi mailing list
>> Post: delphi at listserver.123.net.nz
>> Admin: http://delphi.org.nz/mailman/listinfo/delphi
>> Unsubscribe: send an email to delphi-request at listserver.123.net.nz with
>> Subject: unsubscribe
>>
>
>
> _______________________________________________
> NZ Borland Developers Group - Delphi mailing list
> Post: delphi at listserver.123.net.nz
> Admin: http://delphi.org.nz/mailman/listinfo/delphi
> Unsubscribe: send an email to delphi-request at listserver.123.net.nz with
> Subject: unsubscribe
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://listserver.123.net.nz/pipermail/delphi/attachments/20170116/ac5b3e4c/attachment.html 