September 2015

Monthly Archives

  • One Thing a Software Developer Should Never Do.

    software development agreement

    Software developers are really smart (I know, as I work with lots of them on their software development agreements, etc.), but there is one blind spot that I see way too often: they trust their customers too much, and then they take things into their own hands when they don’t get paid. Hey, getting frustrated (even angry)  is only natural when someone does not pay what they owe, but not handling it the right way is not. So don’t shut down a customer’s site (software, product, etc.) for a billing dispute, unless you have the legal right to do that.

    So here is the hypothetical.

    • A customer hires a software developer to build a website, and then the customer does not pay on time and the software developer ‘remotely’ shuts down the site (so that the customer will be forced to pay). The customer then sustains a financial loss (e.g. lost business).
    • Under the law, terminating access or repossessing something is a called a self help remedy,’ and is an area of the law you want to be very careful with.
    • It is similar to when you do not pay your car note, and then the bank repossesses your car.
      • However, in this car example, there are rules as the bank cannot ‘break the peace (i.e. they can get the car if it is on the street, but not if it is in a locked garage).

    Q&A

    Q: What is the right way to