Suggest please whether I refund or not- need help urgently

Discussion in 'Legal Issues' started by samser_m, Jun 24, 2008.

  1. #1
    Well, I did work for one buyer with one of my existing script which I developed. Buyer knew that well.

    As per condition I said he can not resale, later, since he did not want to pay money for more work so I refused to work more and told him that don't use my script, I will refund within 1 month but never sell the script. It happened on last Feb. In the mean time another programmer worked on that script. The buyer assured that he or his programmer will not sell.

    Now, I wanted to refund, and since its more than 4 months over, so, I thought why not check whether the programmer is selling the script or not.

    I contacted with a fake name as a buyer, and discovered he has the script and he can give me by doing some modification.

    Now please suggest what should I do? Shall I refund? if I don't refund what he can do?

    I have all conversation with him at my yahoo messenger archive.

    Suggest please... :(
     
    samser_m, Jun 24, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Your agreement was to refund the money provided he would not resell the script. If he has broken his part of the deal, then I would think you are under no obligation to honor your agreement to refund his money.
     
    mjewel, Jun 26, 2008 IP
  3. mooseweb

    mooseweb Banned

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    #3
    Could not be better stated...

    If you find out that person is selling the script, I wouldn't pay him a dime of the money back. But just so you know that if you attempt to beg him or try to get him to sell the script you may find it will come back to haunt you. So if you have solid proof he is selling it, do not refund his money.

    I'm just curious though, is he actually selling the script?
     
    mooseweb, Jun 26, 2008 IP
  4. samser_m

    samser_m Well-Known Member

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    #4
    yes, because if you see the conversation then you would understand.

    I asked him whether he developed simiar kind of application, he referred the the site where the script was being used, right now the site is off, so he said, site is not running now, he has some problem to show the script or scrrenshots, also told me that do another project first if these projects go well, the would show the script.

    What does it mean? does not mean that if he is familiar with any person then no problem to sell the script?
     
    samser_m, Jun 27, 2008 IP
  5. RectangleMan

    RectangleMan Notable Member

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    #5
    Screw him over and start giving the script away for free. His work will be worthless. Don't refund him either.
     
    RectangleMan, Jun 28, 2008 IP
  6. samser_m

    samser_m Well-Known Member

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    #6
    Thanks for suggestion, I am still awaiting for his reply, already 4 days over no reply yet.
     
    samser_m, Jun 28, 2008 IP
  7. samser_m

    samser_m Well-Known Member

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    #7
    Here I should give more info. that there are 2 persons involved.

    1. Actual buyer
    2. A pro, hired while I refused to work more without affordable price.

    After few days later, I got mail from the buyer that the pro could not finish the work as its going to hard to implement /fix some features.

    I offered him to refund 100%

    Condition: confirm me that he or his programmer will never sell

    Buyer: agreed

    Now the pro is trying to sell the script.

    Though I agree that I could not refund within 1 month as I promised due to some personal problem. But I have never said that I would not refund. Each and every time I replied his mail while he mailed to know refund status and I tried to take few days more, he gave.
     
    samser_m, Jun 28, 2008 IP