[DUG] Off topic but...

Mon Jan 16 12:50:45 NZDT 2017

A more reasonable approach might be to introduce a way of pricing support
separate to the license itself.  Any new price structure would apply to all
customers but mean that customers that place excessive demands on support
then have to at least pay more (for the support, not the license).

Then they might come to the realisation that the product isn't for them
("costs us more than it's worth to us") but even if they don't at least
their demands for support should pay for itself.

On 16 January 2017 at 12:12, Jeremy Coulter <jscoulter at gmail.com> wrote:

> 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
>>>>
>>>> >
>>>>
>>>> >
>>>>
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>>>>
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>>>>
>>>> Chartered IT Professional
>>>>
>>>>
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>>>>
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>>>> Ref#: 41006
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