There may be drama brewing . . . sorry no (pics)

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  • baddog
    So Fucking Banned
    • Apr 2001
    • 107089

    #1

    There may be drama brewing . . . sorry no (pics)

    Not sure if it is drama yet, just asking for opinions at this point.

    The scenario:

    Party A has a very nice script.

    Party B recognizes it is a very nice script, and would like a bastardized version for himself.

    Party A gives okay to his programmer to sell him a version of the script at a very reduced rate.

    Programmer agrees to modify the script under the following terms:

    50% down and he will make modifications. When it is ready, Party B will pay the balance and programmer will install it.

    Programmer prepares mods, it has been ready for 4 or 5 months, however, Party B does not have the money to pay for the install. He asks the programmer if he will install it anyway, and take payment later.

    Against the advice of Party A, programmer agrees to do it.

    Programmer needs FTP access from Party B, has requested it from the get go, Party B finally provides it 2 days ago.

    Party B then states that he needs the install done immediately or he will pay someone else to do it (not sure how he expects that to happen, but oh well)

    The attitude causes programmer to say okay, when you pay the other 50% as originally agreed upon I will install it. The offer to do it on the front is rescinded.

    Party B now expects a full refund (even though programmer has spent hours making mods to script, and has requested FTP access since the day Party A agreed to sell a copy of script to Party B.

    Is Party B entitled to a refund?
  • Bugbee
    Confirmed User
    • Jun 2004
    • 4609

    #2
    sounds like 50% down and 50% (balance) upon completion. Unless there is a clause in the contract (which I am assuming no one had a contract) deposit goes to cover amount of work done up to date. No refund no balance no more work.

    And alass once again another reason to have a contract for just about any biz deal that goes down


    I hope it does not turn into drama good luck Baddog
    Stephen Bugbee
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    Comment

    • sicone
      Retired
      • Jan 2004
      • 18453

      #3
      No... simply put, the up front 50% was a deposit on the work to be done. Now that the work has been done by party A, Party B is trying to change the terms agreed to in the begining, for this to happen, both parties need to agree to new terms of the 'contract'

      Comment

      • C_U_Next_Tuesday
        WW4L
        • Oct 2002
        • 10581

        #4
        no..party B should have had the full payment when he first bought this script and wanted someone else to take their time to make it party b's own version.

        PartyA should tell PartyB to suck a cock.

        Comment

        • mardigras
          Bon temps!
          • Feb 2003
          • 14194

          #5
          Serious. You should have a contract detailing what is non-refundable for time and a set time after noncomplete payment that the script can be sold to someone else. Never do "favors" that you can't afford or don't mind losing.
          .

          Comment

          • baddog
            So Fucking Banned
            • Apr 2001
            • 107089

            #6
            Originally posted by GigaBugbee
            sounds like 50% down and 50% (balance) upon completion. Unless there is a clause in the contract (which I am assuming no one had a contract) deposit goes to cover amount of work done up to date. No refund no balance no more work.

            And alass once again another reason to have a contract for just about any biz deal that goes down


            I hope it does not turn into drama good luck Baddog
            Oh, I have a feeling Party B is going to see the error of his ways. . . although, I do kind of hope he decided to follow up and "bring it to the boards."

            I think he forgot who Party A is, and feels he can bully the programmer around. Not going to happen.

            Comment

            • Platinumpimp
              Logos and such.
              • Jan 2004
              • 10214

              #7
              Originally posted by C_U_Next_Tuesday
              no..party B should have had the full payment when he first bought this script and wanted someone else to take their time to make it party b's own version.

              PartyA should tell PartyB to suck a cock.
              That last part would be not really be nessescary, but you got a point nevertheless
              I design logo's.

              Comment

              • A C
                Confirmed User
                • Dec 2002
                • 1637

                #8
                Originally posted by baddog
                Oh, I have a feeling Party B is going to see the error of his ways. . . although, I do kind of hope he decided to follow up and "bring it to the boards."

                I think he forgot who Party A is, and feels he can bully the programmer around. Not going to happen.
                man you sound like god himself speaking lol

                what a joke
                Do you have a "Exit here - if under 18" link on your warningpage? Chances are you are linking to yahoo/google/disney etc. Those days are over, signup at www.warningpages.com to get PAID for this traffic that has been wasted by so many for years! icq#777970

                Comment

                • baddog
                  So Fucking Banned
                  • Apr 2001
                  • 107089

                  #9
                  Originally posted by C_U_Next_Tuesday
                  no..party B should have had the full payment when he first bought this script and wanted someone else to take their time to make it party b's own version.

                  PartyA should tell PartyB to suck a cock.
                  Party A and the programmer were being overly generous, this is true. Primarily because they have both known Party B for several years.

                  To be honest, Party A thought programmer was being really, really generous, and hopefully programmer will heed advice when requested and given.

                  But neither thought $250 was going to be that big of a deal.

                  Comment

                  • eroswebmaster
                    March 1st, 2003
                    • Jul 2001
                    • 20295

                    #10
                    Someone say party?
                    For rent - ICQ 127-027-910
                    Click here for more details

                    Comment

                    • Holly
                      Too lazy to set a custom title
                      • Jun 2003
                      • 10017

                      #11
                      This is my take on it: I hope one of the parties is someone everyone really likes, and one of the parties is someone everyone really hates.

                      It's always better like that.
                      War National Damn Champions Eagle

                      Comment

                      • baddog
                        So Fucking Banned
                        • Apr 2001
                        • 107089

                        #12
                        Originally posted by A C
                        man you sound like god himself speaking lol

                        what a joke
                        Okay . . . why don't you give your opinion of the situation? I know you would never be biased.

                        Comment

                        • Holly
                          Too lazy to set a custom title
                          • Jun 2003
                          • 10017

                          #13
                          Originally posted by eroswebmaster
                          Someone say party?
                          http://www.itsaparty.com
                          War National Damn Champions Eagle

                          Comment

                          • baddog
                            So Fucking Banned
                            • Apr 2001
                            • 107089

                            #14
                            Originally posted by Holly
                            This is my take on it: I hope one of the parties is someone everyone really likes, and one of the parties is someone everyone really hates.

                            It's always better like that.
                            Time will tell

                            Comment

                            • A C
                              Confirmed User
                              • Dec 2002
                              • 1637

                              #15
                              Originally posted by baddog
                              Okay . . . why don't you give your opinion of the situation? I know you would never be biased.
                              Im just as biased as you may be. I for one have heard the other side of the story, and thats pretty much where its going to end, what your guy told you and what my guy told me, we are both second hand in this.

                              As far as I heard there was no custom coding done just a simple install and it was never completed after repeated attempts. Im sure what you heard is the opposite of that.

                              Oh well lol, lets take the spot light and shine it on the programmer and the guy that paid him to do the work?

                              then let a jury decide I know where my vote lays

                              AC
                              Do you have a "Exit here - if under 18" link on your warningpage? Chances are you are linking to yahoo/google/disney etc. Those days are over, signup at www.warningpages.com to get PAID for this traffic that has been wasted by so many for years! icq#777970

                              Comment

                              • baddog
                                So Fucking Banned
                                • Apr 2001
                                • 107089

                                #16
                                Originally posted by A C
                                Im just as biased as you may be. I for one have heard the other side of the story, and thats pretty much where its going to end, what your guy told you and what my guy told me, we are both second hand in this.
                                You forget, there are at least 3 sides to this story . . . you are forgetting about Party A, and Party A is pretty well in touch with this, and knows for fact that there was custom programming done because otherwise he wouldn't have even sold it, especially not for $500.

                                So, while I am sure you are getting a very bastardized (I think that is the first time I have ever used that word twice in one thread) version of the facts. I, however, am quite close to Party A. He would never lie to me.

                                Comment

                                • A C
                                  Confirmed User
                                  • Dec 2002
                                  • 1637

                                  #17
                                  Originally posted by baddog
                                  You forget, there are at least 3 sides to this story . . . you are forgetting about Party A, and Party A is pretty well in touch with this, and knows for fact that there was custom programming done because otherwise he wouldn't have even sold it, especially not for $500.

                                  So, while I am sure you are getting a very bastardized (I think that is the first time I have ever used that word twice in one thread) version of the facts. I, however, am quite close to Party A. He would never lie to me.
                                  I feel the same about party B, would never lie to me, and I've read the full icq convo history between party B and the programmer, and NO WHERE that I could see any talk of customising anything, infact the only place that the word custom was used was:

                                  "less customer support time that way"

                                  can you show some icq logs stating that there was infact custom programming done? MAYBE the programmer had plans to sell it as is ;\ Which if thats the case Im sorry for you as you said you are close to this guy.

                                  AC
                                  Do you have a "Exit here - if under 18" link on your warningpage? Chances are you are linking to yahoo/google/disney etc. Those days are over, signup at www.warningpages.com to get PAID for this traffic that has been wasted by so many for years! icq#777970

                                  Comment

                                  • baddog
                                    So Fucking Banned
                                    • Apr 2001
                                    • 107089

                                    #18
                                    Originally posted by A C
                                    I feel the same about party B, would never lie to me, and I've read the full icq convo history between party B and the programmer, and NO WHERE that I could see any talk of customising anything, infact the only place that the word custom was used was:

                                    "less customer support time that way"

                                    can you show some icq logs stating that there was infact custom programming done? MAYBE the programmer had plans to sell it as is ;\ Which if thats the case Im sorry for you as you said you are close to this guy.

                                    AC
                                    go look for the words modify or modification . . . if you don't see them, you aren't looking at the complete logs.

                                    Comment

                                    • evanmorgan
                                      Confirmed User
                                      • Aug 2004
                                      • 2490

                                      #19
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                                      • baddog
                                        So Fucking Banned
                                        • Apr 2001
                                        • 107089

                                        #20
                                        Put it this way AC, the script in its original form is not worth shit to Party B . . . also, if it did not require modification, why would there be a delay? It would have just been installed on the day Party A agreed to let it be sold to Party B.

                                        Also, Party B approached Party A about purchasing the script, it would have been pretty difficult for the programmer to sell it behind Party A's back
                                        Last edited by baddog; 10-19-2004, 03:00 PM.

                                        Comment

                                        • A C
                                          Confirmed User
                                          • Dec 2002
                                          • 1637

                                          #21
                                          Originally posted by baddog
                                          go look for the words modify or modification . . . if you don't see them, you aren't looking at the complete logs.

                                          Put it this way AC, the script in its original form is not worth shit to Party B . . . also, if it did not require modification, why would there be a delay? It would have just been installed on the day Party A agreed to let it be sold to Party B.
                                          I understand what you are saying, i did look thru the logs and still saw nothing about mods ;\. Can you produce logs that talk about this, if this has been dragging out for a while now its quite possible someone forgot something they said, or thought they remembered something they didnt. So check for me see if you can find any logs stating between programmer and party B that there was in fact plans to do changes, IF the programmer DID make those changes and can show that, then sure I agree with you, either A call it quits and part ways, or B follow thru with plan, either way neither is left wanting.

                                          Find those logs for me if ya can.

                                          AC
                                          Do you have a "Exit here - if under 18" link on your warningpage? Chances are you are linking to yahoo/google/disney etc. Those days are over, signup at www.warningpages.com to get PAID for this traffic that has been wasted by so many for years! icq#777970

                                          Comment

                                          • DTK
                                            Confirmed User
                                            • Feb 2002
                                            • 4546

                                            #22
                                            Is that fish I smell?
                                            Arguing whether the Democratic or Republican party is better is like debating which steaming pile of shit is slightly less stinky.

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