[DUG] Off topic but...

Mon Jan 16 13:15:22 NZDT 2017

yeah, thats another approach. Might work.

On Mon, Jan 16, 2017 at 12:50 PM, Jolyon Direnko-Smith <jsmith at deltics.co.nz
> wrote:

> 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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>>>>>
>>>>> Gary Benner CITPNZ
>>>>>
>>>>> Chartered IT Professional
>>>>>
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>>>>>
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>>>>>
>>>>> Ref#: 41006
>>>>>
>>>>>
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